Fundamental rights in the Indian Constitution
What are fundamental rights?
Fundamental Rights are the basic rights of the people. Some universally recognized rights that are seen as fundamental, i.e., contained in the United Nations Universal Declaration of Human Rights.
Fundamental rights across the globe and how is it secured by citizens?
Though the rights of the citizens across the globe varies based on country to country. It is evident that more or less they follow same types of rights.
India has adopted many countries constitution to frame their version of Fundamental rights. The major contributing countries were USA, UK, Canada and Australia.
Here is the list of Borrowed Features of Indian Constitution.
Name of Countries and Borrowed Features of the Constitution
Britain
1. Parliamentary government
2. Rule of Law
3. Legislative procedure
4. Single citizenship
5. Cabinet system
6. Prerogative writs
7. Parliamentary privileges
8. Bicameralism
Ireland
1. Directive Principles of State Policy
2. Method of Election of the president
3. Members nomination to the Rajya Sabha by the President
Unites States of America
1.Impeachment of the president
2.Functions of president and vice-president
3.Removal of Supreme Court and High court judges
4.Fundamental Rights
5.Judicial review
6.Independence of judiciary
7.Preamble of the constitution
Canada
1. Centrifugal form of federalism where the centre is stronger than the states.
2.Residuary powers vest with the centre
3.Centre appoints the Governors at the states
4.Advisory jurisdiction of the supreme court
Australia
1.Concept of Concurrent list
2.Article 108 i.e. Joint sitting of the two houses
3.Freedom of trade and commerce
USSR (Now Russia)
1.Fundamental duties
2. The ideals of justice (social, economic and political), expressed in the Preamble.
France
1.Concept of “Republic”
2.Ideals of Liberty, Equality and Fraternity(contained in the Preamble)
Germany
1.Fundamental Rights are suspended during Emergency
South Africa
1. Election of members of the Rajya Sabha
2. Amendment of the Constitution
Japan
1.Concept of “procedure
What are the major rights of Indian Citizen?
The Individual Fundamental Rights to Indian Citizens include the following:
• Equality before the law
• Freedom of religion
• Freedom of association and peaceful assembly
• Freedom of speech and expression
• Right to constitutional remedies for the protection of civil rights
Can the rights of citizens be amended in the Constitution?
The Supreme Court has ruled that all provisions of the Constitution, including fundamental rights can be amended.
Fundamental rights in the Indian Constitution:
There are seven fundamental rights enshrined in our Constitution. They are:
1. RIGHT TO EQUALITY (ARTICLES 14-18): It is the principal foundation of all other rights and liberties, and guarantees the following:
Article 14: Equality before law.
Article 15: Prohibition of discrimination
Article 16: Equality of opportunities in matters of public employment.
Article 17: Abolition of Untouchability.
Article 18: Abolition of titles.
2. RIGHT TO FREEDOM (ARTICLES 19-22): guaranteeing individual rights that were considered vital by the framers of the constitution. It is a cluster of four main laws.
Article 19: Rights to freedom of speech and expression
Article 20: Protection in respect of conviction for offenses.
Article 21: Protection of life and personal liberty
Article 21A: Regarding obligation of the state to provide free and compulsory education to all children of the age of 6-14 years.
Article 22: Regarding protection against arrest and detention in certain cases.
Right to Information (RTI) Article 19 (1) under which every citizen has freedom of speech and expression and have the right to know how the government works, what role does it play, what are its functions and so on.
3. RIGHT AGAINST EXPLOITATION (ARTICLES 23-24): The right against exploitation, given in Articles 23 and 24, provides for two provisions,
Article 23: Prohibition of traffic in human beings and forced labor.
Article 24: Prohibition of employment of children in factories, etc.
4. RIGHT TO FREEDOM OF RELIGION (ARTICLES 25-28): The objective of this right is to sustain the principle of secularism in India.
Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom as to payment of taxes for promotion of any particular religion.
Article 28: Freedom as to attendance at religious instructions or religious worship in certain educational institutions.
5. CULTURAL AND EDUCATIONAL RIGHTS (ARTICLES 29-30): As India is a country of many languages, religions, and cultures, the Constitution provides special measures, in Articles 29 and 30, to protect the rights of the minorities
6. RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32): Right to constitutional remedies [Article 32 to 35] empowers the citizens to move a court of law in case of any denial of the fundamental rights.
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