What is Constitution?
Imagine you’re about to build a grand, magnificent city. To ensure it thrives, you need a detailed, well-thought-out blueprint. This blueprint outlines the city’s layout, the rules for building, and how everything will function together harmoniously. In the same way, a constitution is the master plan for a country.
The Indian Constitution guarantees certain fundamental rights to all citizens, which are essential for the overall development and protection of individuals. These rights are enshrined in Part III of the Constitution and ensure civil liberties so that all Indians can lead their lives in peace and harmony as citizens of India. Here is a detailed and easy-to-understand explanation of these fundamental rights:
1. Right to Equality (Articles 14-18)
This right ensures that everyone is treated equally before the law and prohibits any kind of discrimination based on religion, race, caste, sex, or place of birth. It includes:
Article 14: Ensures equality before the law and provides equal protection under the law. If a government office denies service to someone because of their gender, that person can challenge the office’s decision in court based on the right to equality before the law.
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. A school cannot refuse admission to a student solely based on their caste or religion.
Article 16: Guarantees equal opportunity in public employment matters. If a qualified candidate is denied a government job due to their race or gender, they can challenge this discrimination.
Article 17: Untouchability is abolished, and its practice is prohibited under Article 17. A person from a lower caste cannot be denied entry into a public temple or restaurant.
Article 18: eliminates the granting of titles, with the exception of those for military and academic achievements. An individual cannot use a royal or aristocratic title to claim special privileges in public or governmental affairs.
2. Right to Freedom (Articles 19-22)
This right provides various freedoms to citizens, subject to reasonable restrictions. It includes:
Article 19: Guarantees six freedoms:
Freedom of speech and expression. A journalist can write articles criticizing government policies without fear of imprisonment, provided they don’t incite violence or hatred.
Freedom to assemble peacefully without arms. Citizens can organize a peaceful protest or rally to express their concerns about a new law.
Freedom to form associations or unions. Workers in a factory can form a labor union to negotiate better working conditions.
Freedom to move freely throughout the territory of India. A person can travel from one state to another without any restriction.
Individuals have the freedom to reside and settle in any part of India A family can move from their village in Tamil Nadu to a city in Maharashtra for better job opportunities.
The freedom to practice any profession or engage in any occupation, trade, or business. An individual can choose to become a doctor, a lawyer, or start their own business.
Article 20: Protection in respect of conviction for offenses, which includes:
No ex-post-facto law (you can’t be punished for an act that was not a crime when committed). If a new law is passed criminalizing a particular act, people who committed that act before the law was passed cannot be punished.
No double jeopardy (you can’t be tried twice for the same offense). If someone is acquitted of theft charges, they cannot be tried again for the same offense.
No self-incrimination (you can’t be forced to testify against yourself). During a criminal trial, a person cannot be forced to testify against themselves.
Article 21: safeguards the protection of life and personal liberty, stating that no person shall be deprived of their life or personal liberty except through the procedure established by law. If the police detain someone without following proper legal procedures, the detained person can challenge their detention in court.
Article 22: Offers protection against arrest and detention in certain cases. A person arrested must be informed of the reasons for their arrest and allowed to consult with a lawyer of their choice.
3. Right against Exploitation (Articles 23-24)
This right includes the prohibition of all forms of forced labor, child labor, and human trafficking.
Article 23: Explicitly forbids human trafficking and forced labor. If someone forces another person to work without payment (bonded labor), the victim can report this to the authorities, and the perpetrator can be prosecuted.
Article 24: prohibits the employment of children less than 14 years in factories, mines, and other hazardous occupations. If a factory employs children under the age of 14, it can be reported to the labor department, and the factory owner can face legal action.
4. Right to Freedom of Religion (Articles 25-28)
This right ensures religious freedom and allows individuals to practice, profess, and propagate any religion. It includes:
Article 25: Guaranteeing freedom of conscience and the right to freely profess, practice, and propagate one’s religion. A person can openly practice and preach their religion, like celebrating Diwali or Christmas publicly.
Article 26: Freedom to manage religious affairs. A religious group can establish and manage its own places of worship, like a temple or mosque.
Article 27: Guarantees freedom from the obligation to pay taxes for the promotion of any specific religion. A person cannot be compelled to pay taxes that are specifically meant to promote or maintain a particular religion.
Article 28: Protects individuals from being required to attend religious instruction or worship in certain educational institutions. A student in a government-funded school cannot be forced to attend religious instruction or worship services against their will.
5. Cultural and Educational Rights (Articles 29-30)
These rights protect the interests of minorities by allowing them to preserve their culture, language, and script and to establish and administer educational institutions of their choice. It includes:
Article 29: Protection of interests of minorities. A linguistic minority group can teach their children their native language and preserve their cultural practices.
Article 30: Right of minorities to establish and administer educational institutions. A religious or linguistic minority can set up and run their own schools and colleges, like a Christian missionary school or a Tamil medium school.
6. Right to Constitutional Remedies (Article 32)
This right allows individuals to approach the Supreme Court or High Courts to seek enforcement of the fundamental rights against any person or government. It includes:
Article 32: Right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part. If a person’s fundamental rights are violated, such as being unlawfully detained, they can directly approach the Supreme Court or High Court for relief through a writ petition.
Additional Rights in Specific Contexts
Right to Education (Article 21A): Article 21A ensures the Right to Education by mandating the State to provide free and compulsory education to all children aged six to fourteen years. If a child aged 6-14 is not provided free education, their parents can approach the local education authorities to ensure that the child is enrolled in school.
These fundamental rights are considered the cornerstone of the Indian democracy, providing a framework for promoting and protecting the dignity, liberty, and equality of individuals in India.
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