Classification of Fundamental Rights
The Fundamental Rights have been classified under six categories:
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right Against Exploitation (Articles 23-24)
- Right to Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights (Articles 29-30)
- Right to Constitutional Remedies (Articles 32-35)
1. Right to Equality (Articles 14-18)
Right to Equality ensures equal rights for all the citizens. The Right to Equality prohibits inequality on the basis of caste, religion, place of birth, race, or gender. It also ensures equality of opportunity in matters of public employment and prevents the State from discriminating against anyone in matters of employment on the grounds only of religion, race, caste, sex, descent, place of birth, place of residence or any of them.
Key Provisions:
- Article 14: Equality before law and equal protection of laws
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
- Article 16: Equality of opportunity in matters of public employment
- Article 17: Abolition of untouchability
- Article 18: Abolition of titles
2. Right to Freedom (Articles 19-22)
Article 19 guarantees six freedoms in the nature of civil rights, which are available only to citizens of India.
Six Freedoms under Article 19:
- Freedom of speech and expression
- Freedom of assembly without arms
- Freedom to form associations or unions
- Freedom to move freely throughout the territory of India
- Freedom to practice any profession or to carry on any occupation, trade or business
- Freedom to reside and settle in any part of the territory of India
Additional Protection Articles:
The freedoms guaranteed by Article 19 are further sought to be protected by Articles 20–22:
- Article 20: Protection in respect of conviction for offences
- Article 21: Protection of life and personal liberty
- Article 22: Protection against arrest and detention in certain cases
3. Right Against Exploitation (Articles 23-24)
Right against Exploitation condemns human trafficking, child labor, forced labor making it an offense punishable by law, and also prohibit any act of compelling a person to work without wages where he was legally entitled not to work or to receive remuneration for it. Unless it is for the public purpose, like community services or NGO work.
Key Provisions:
- Article 23: Prohibition of traffic in human beings and forced labour
- Article 24: Prohibition of employment of children in factories, etc.
4. Right to Freedom of Religion (Articles 25-28)
Right to Freedom of Religion guarantees religious freedom and ensures secular states in India. The Constitution says that the States should treat all religions equally and impartially and that no state has an official religion. It also guarantees all people the freedom of conscience and the right to preach, practice and propagate any religion of their choice.
Key Provisions:
- 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 instruction or religious worship in certain educational institutions
5. Cultural and Educational Rights (Articles 29-30)
Cultural and Educational Rights protects the rights of cultural, religious and linguistic minorities by enabling them to conserve their heritage and protecting them against discrimination. Educational rights ensure education for everyone irrespective of their caste, gender, religion, etc.
Key Provisions:
- Article 29: Protection of interests of minorities
- Article 30: Right of minorities to establish and administer educational institutions
6. Right to Constitutional Remedies (Articles 32-35)
Right to Constitutional Remedies ensures citizens to go to the Supreme Court of India to ask for enforcement or protection against violation of their fundamental rights. The Supreme Court has the jurisdiction to enforce the Fundamental Rights even against private bodies, and in case of any violation, award compensation as well to the affected individual.
Key Provisions:
- Article 32: Right to Constitutional Remedies (also called the "Heart and Soul" of the Constitution)
- Article 33: Power of Parliament to modify the rights in their application to Forces, etc.
- Article 34: Restriction on rights conferred by this Part while martial law is in force in any area
- Article 35: Legislation to give effect to the provisions of this Part
7. Right to Education (Article 21A)
The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
This right was added by the 86th Constitutional Amendment Act, 2002 and made education a fundamental right for children between 6-14 years.
Right to Privacy
On 24 August 2017, the Supreme Court of India in a historic judgement declared the 'Right to Privacy' as a fundamental right protected under Part III of the Indian Constitution.
Constitutional Amendments Related to Fundamental Rights
44th Amendment Act, 1978
Initially there were 7 fundamental rights in the Constitution. Currently, there are only six as the 'Right to Property' was removed from the list of fundamental rights by the 44th Constitutional Amendment. It is now only a legal right under Article 300A.
86th Amendment Act, 2002
The 86th amendment to the constitution of India in 2002 inserted Article 21A which made 'Right to Education' a fundamental right for children between 6-14 years.