Fundamental Rights: Part III (Articles 12-35) - India

Introduction

• Fundamental rights are basic human rights guaranteed to every citizen to ensure dignity, freedom, and well-being.
• Enshrined in Part III (Articles 12-35) of the Indian Constitution.
• Essential for personality development and preserving human dignity.
• Right to move the Supreme Court and High Courts for enforcement.
• Seven categories covered by Articles 12-35.

Key Articles and Their Provisions

Article 12: Definition

• Defines "State" to include Government of India, State Governments, and all local authorities.

Article 13: Laws inconsistent with fundamental rights

• Laws inconsistent with fundamental rights are void.
• State cannot make laws abridging these rights.

Fundamental Rights in Detail

Right to Equality (Articles 14-18)

• Article 14: Equality before the law.
• Article 15: Prohibits discrimination based on religion, race, caste, sex, place of birth.
• Article 16: Equal opportunity in public employment.
• Article 17: Abolition of Untouchability.
• Article 18: Abolition of titles (except military or academic).

Right to Freedom (Articles 19-22)

• Article 19: Protects rights regarding freedom of speech, assembly, association, movement, residence, and profession.
• Article 20: Protection in conviction for offenses.
• Article 21: Protection of life and personal liberty.
• Article 21A: Right to education for children aged 6-14.
• Article 22: Protection against arrest and detention.

Right against Exploitation (Articles 23-24)

• Article 23: Prohibits human trafficking and forced labor.
• Article 24: Prohibits employment of children under 14 in hazardous jobs.

Right to Freedom of Religion (Articles 25-28)

• Article 25: Freedom of conscience and religion.
• Article 26: Freedom to manage religious affairs.
• Article 27: No tax for promoting any religion.
• Article 28: Freedom from religious instruction in state-funded institutions.

Cultural and Educational Rights (Articles 29-30)

• Article 29: Protection of minorities' interests.
• Article 30: Right of minorities to establish and administer educational institutions.

Right to Constitutional Remedies (Article 32)

• Article 32: Right to move Supreme Court for enforcement of rights.

Legislative Provisions

Article 35

• Parliament's power to legislate to enforce fundamental rights.

Additional Information

• Fundamental rights are not absolute; subject to restrictions like public order, morality, and security.
• Certain rights can be suspended during emergencies.
• Judiciary ensures protection and interpretation of these rights.

Conclusion

• Fundamental rights are the cornerstone of democracy, ensuring a just society where freedoms are preserved.
• Detailed provisions in Articles 12-35 provide a framework for safeguarding individual liberties.