Fundamental Rights of the Indian Constitution (Article 13 to 35)

Introduction

The Indian Constitution enshrines several Fundamental Rights of the Indian Constitution that guarantee certain essential liberties and protections to its citizens. These Fundamental Rights of the Indian Constitution are essential for upholding the principles of justice, equality, and fraternity in a democratic nation. In this article, we will explore the fundamental rights enshrined in the Indian Constitution from Article 13 to 35.

Article 13: Laws Inconsistent with or in Derogation of the Fundamental Rights

Article 13 deals with laws that are inconsistent with or in derogation of the fundamental rights. It states that any law that contravenes the fundamental rights shall be void to the extent of the inconsistency.

Article 14: Right to Equality

Article 14 from Fundamental Rights of the Indian Constitution guarantees the right to equality before the law and equal protection of the law to all individuals. It ensures that the State shall not deny any person equality before the law or discriminate against any individual on grounds of religion, race, caste, sex, or place of birth.

Article 15: Prohibition of Discrimination

Article 15 further prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. It empowers the State to make special provisions for women and children and also enables affirmative action for the advancement of socially and educationally backward classes.

Article 16: Equality of Opportunity in Public Employment

Article 16 provides for equality of opportunity in matters of public employment. It states that there shall be no discrimination against any citizen in the matter of employment or appointment to any office under the State, except on reasonable grounds.

Article 17: Abolition of Untouchability

Article 17 abolishes the practice of untouchability and prohibits its practice in any form. It declares the enforcement of any disability arising out of untouchability as an offense punishable by law.

Article 18: Abolition of Titles

Article 18 from Fundamental Rights of the Indian Constitution prohibits the State from conferring any titles except military and academic distinctions. It prohibits citizens from accepting titles from any foreign state.

Article 19: Protection of Certain Rights Regarding Freedom

Article 19 ensures the protection of certain rights regarding freedom. It guarantees the right to freedom of speech and expression, the right to assemble peaceably and without arms, the right to form associations or unions, the right to move freely throughout the territory of India, and the right to reside and settle in any part of the country.

Article 20: Protection in Respect of Conviction for Offenses

Article 20 provides protection in respect of conviction for offenses. It enshrines the principle of double jeopardy, prohibits ex-post facto laws, and guarantees that no person shall be compelled to be a witness against himself.

Article 21: Protection of Life and Personal Liberty

Article 21 from Fundamental Rights of the Indian Constitution is one of the most significant fundamental rights that guarantees the protection of life and personal liberty. It states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

Article 22: Protection against Arrest and Detention

Article 22 from fundamental Rights of the Indian Constitution provides protection against arrest and detention. It states that a person who is arrested must be informed of the grounds for such arrest. It also ensures the right to consult and be defended by a legal practitioner and prohibits prolonged detention without informing the grounds of arrest.

Article 23: Prohibition of Traffic in Human Beings and Forced Labor

Article 23 prohibits trafficking in human beings and forced labor. It states that trafficking and forced labor are offenses punishable by law.

Article 24: Prohibition of Child Labor

Article 24 from Fundamental Rights of the Indian Constitution prohibits the employment of children below the age of 14 years in any factory, mine, or hazardous employment.

Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion

Article 25 guarantees the freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality, and health.

Article 26: Freedom to Manage Religious Affairs

Article 26 provides the freedom to manage religious affairs, which includes the right to establish and maintain religious institutions.

Article 27: Freedom from Payment of Taxes for Promotion of any Particular Religion

Article 27 ensures that no person shall be compelled to pay any taxes for the promotion of any particular religion.

Article 28: Freedom from Religious Instruction in Educational Institutions Wholly Maintained by State Funds

Article 28 from fundamental Rights of the Indian Constitution guarantees the right to freedom from religious instruction in educational institutions wholly maintained by the State funds.

Article 29: Protection of Interests of Minorities

Article 29 from Fundamental Rights of the Indian Constitution protects the interests of minorities by ensuring that they have the right to conserve their distinct language, script, or culture.

Article 30: Right of Minorities to Establish and Administer Educational Institutions

Article 30 grants the right to minorities to establish and administer educational institutions of their choice.

Article 31: Right to Property

Article 31 originally guaranteed the right to property as a fundamental right. However, it was amended and made a legal right under the 44th Amendment Act, 1978.

Article 32: Remedies for Enforcement of Fundamental Rights

Article 32 from fundamental Rights of the Indian Constitution empowers individuals to move to the Supreme Court for the enforcement of their fundamental rights. It ensures the right to constitutional remedies.

Conclusion

The Fundamental Rights of the Indian Constitution enshrined in the Indian Constitution are the cornerstone of a vibrant democracy. They provide individuals with essential liberties and safeguards against any form of discrimination and injustice. The framers of the Constitution envisioned a just and equitable society, and these fundamental rights play a crucial role in achieving that vision.

FAQs

  1. Can the State discriminate against individuals based on their religion?
    No, the State cannot discriminate against individuals on the grounds of religion. Article 15 of the Indian Constitution prohibits such discrimination.
  2. Are there any exceptions to the right to freedom of speech and expression?
    Yes, the right to freedom of speech and expression is subject to reasonable restrictions imposed in the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign states, public order, decency, or morality.
  3. What does Article 21 of the Indian Constitution guarantee?
    Article 21 from Fundamental Rights of the Indian Constitution guarantees the protection of life and personal liberty. It ensures that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
  4. Does Article 30 apply to all minorities?
    Yes, Article 30 from the fundamental Rights of the Indian Constitution applies to all religious and linguistic minorities. It grants them the right to establish and administer educational institutions of their choice.
  5. Are there any restrictions on child labour in India?
    Yes, Article 24 from Fundamental Rights of the Indian Constitution prohibits the employment of children below the age of 14 years in any factory, mine, or hazardous employment.

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