FUNDAMENTAL RIGHTS

Fundamental rights are those rights that are essential for the intellectual, moral, and spiritual development of citizens of India. As these rights are fundamental or essential for the existence and all-round development of individuals, they are called 'Fundamental rights'. These are enshrined in Part III (Articles 12 to 35) of the Constitution of India. 
                                                           
INDIAN CONSTITUTION took inspiration from the US constitution. In India fundamental rights are present in part 3 from article 12 -35, the Main objective of FR is to secure the political freedom of peoples, And the social and economic freedoms of people is secure by the directive principle of state policy.

Why fundamental rights are known as fundamental rights?
 

There are two main reasons -
⦁     These are very important for the all-round development of any individual.
⦁     Fundamental rights are those rights without them any human being cannot survive or exist in a dignified manner that’s why these are called fundamental rights.

Fundamental rights act as a check on the unlimited power of the state as fundamental rights impose restrictions on the unlimited power of the state to protect the individual rights of the citizen. Fundamental rights are available against the state not against any private individual. Fundamental rights are not of absolute nature, on fundamental rights reasonable restrictions can be imposed. And also during a time of emergency, fundamental rights can be suspended. For example at the time of national emergency article 19 is automatically suspended. And also the PRESIDENT can suspend fundamental rights at any time. Only two articles are there which cannot be suspended at the time of national emergency article 20 or article 21.

In the beginning, our constitution has seven fundamental rights 

⦁    Right to equality
⦁    Right to freedom
⦁    Right against exploitation
⦁    Right to freedom of religion 
⦁    Cultural and educational rights 
⦁    Right to property 
⦁    Right to constitutional remedies

But by the 44th amendment in 1978, the right to property was deleted from Article 19(1) f and article 31 and then it is introduced as the constitutional rights or as the legal right in Article 300 and from there only six fundamental rights are left.

⦁    Right to equality
⦁    Right to freedom
⦁    Right against exploitation
⦁    Right to freedom of religion 
⦁    Cultural and educational rights 
⦁    Right to constitutional remedies

RIGHT TO EQUALITY :
The right to equality is present from Article 14 to Article 18 
⦁    Article 14- The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, on grounds of religion, race, caste, sex, or place of birth.
⦁    ARTICLE 15- The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, and place of birth or any of them.
⦁    ARTICLE 16 - There shall be equality of opportunity for all citizens in matters. relating to employment or appointment to any office under the State.
⦁    ARTICLE 17- Abolition of untouchability.
⦁    ARTICLE 18 - Abolition of all titles except military and academic.

RIGHT TO FREEDOM :
The right to freedom guarantees freedom for citizens to live a life of dignity among other things. These are given in Articles 19, 20, 21A, and 22 of the Indian Constitution.
ARTICLE 19 - Protection of 6 rights concerning the freedom of: 
⦁    Speech and expression
⦁    Assembly
⦁    Association
⦁    Movement
⦁    Residence
⦁    Profession
⦁    ARTICLE 20- Protection with respect to conviction for offenses
⦁    ARTICLE 21- Right to life and personal liberty
⦁    ARTICLE 21A- Right to elementary education
⦁    ARTICLE 22- Protection against arrest and detention in certain cases 

RIGHT AGAINST EXPLOITATION-
There are two articles of the Constitution that guarantee the right against exploitation. They are described below – 
⦁    ARTICLE 23 - Prohibition of traffic in human beings and forced labor
⦁    ARTICLE 23(1) - Traffic in human beings and the beggar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offense punishable in accordance with the law.
⦁    ARTICLE 21(2) - Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them
⦁    ARTICLE 24 - Article 24 says that “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”
⦁    This Article forbids the employment of children below the age of 14 in any hazardous industry or factories or mines, without exception.
⦁    However, the employment of children in non-hazardous work is allowed.

RIGHT TO FREEDOM OF RELIGION -
The Constitution of India guarantees the right to freedom of religion to not only individuals but also religious groups in India. This is enshrined in Articles 25 to 28
⦁    ARTICLE 25 - Article 25 guarantees the freedom of conscience, the freedom to profess, practice, and propagate religion to all citizens.
⦁    ARTICLE 26 - This Article provides that every religious denomination has the following rights, subject to morality, health, and public order.
⦁    ARTICLE 27 - According to Article 27 of the Constitution, there can be no taxes, the proceeds of which are directly used for the promotion and/or maintenance of any particular religion/religious denomination.
ARTICLE 28- This article permits educational institutions that are maintained by religious groups to disseminate religious instruction.
 

CULTURAL AND EDUCATIONAL RIGHTS –
Articles 29 and 30 deals with the cultural and educational rights of Indian citizens.
⦁    ARTICLE 29 – This article is intended to protect the interests of minority groups.
⦁    Article 29(1): This provides all citizen groups that reside in India having a distinct culture, language, and script, the right to conserve their culture and language. This right is absolute and there are no ‘reasonable restrictions’ in the interest of the general public here.
⦁    Article 29(2): The State shall not deny admission into educational institutes maintained by it or those that receive aids from it to any person based on race, religion, caste, language, etc. This right is given to individuals and not any community.
⦁    Article 30 – This right is given to minorities to form and govern their own educational institutions. Article 30 is also called the “Charter of Education Rights”.
⦁    Article 30(1): All religious and linguistic minorities have the right to establish and administer educational institutions of their choice. 
⦁    Article 30(2): The State should not, when granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

RIGHT TO CONSTITUTIONAL REMEDIES -

Right to constitutional remedies (Articles 32 to 35) empowers the citizens to move to a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, any citizen can ask the court to see if it is according to the provisions of the law of the country by lodging public interest litigation. If the court finds that it is not, the person must be freed. This procedure of asking the courts to preserve or safeguard the citizen's fundamental rights can be done in various ways. The courts can issue various kinds of writs protecting the rights of the citizens.