Fundamental Rights: An Important achievement of the constitution of India

by Yuvi - February 6, 2022

Fundamental rights as per Indian Constitution

An important and achievement of the constitution of India is inclusion of fundamental rights in it.

These fundamental rights are like a gift and boom for the Indians who had suffered by foreign rule for years. Indian constitution Part-III tell about Fundamental rights of India, what are fundamental rights and how many fundamental rights are there in Indian constitution.

The main object of these fundamental rights of Indian constitution is to provide an opportunity to the citizens of India for their complete development.

How many fundamental rights are there in Indian constitution ?

Part-III of constitution provides following fundamental rights –

  • Right to equality
  • Right to freedom
  • Protection of life and Personal liberty
  • Safeguard against Arbitrary arrest and detention.
  • Right against exploitation
  • Right of freedom of religion
  • Cultural and educational rights
  • Rights to constitutional remedies

It is noteworthy that right to property was earlier a fundamental right, but later it has remained on a constitutional right by an amendment.

Right to equality

This right protect against discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

Right to freedom

Right to freedom is an important fundamental right in itself. Article 19 of the constitution lays down following freedoms –

  • Freedom of speech and expression
  • Freedom of peaceful and un-obstructing assembly
  • Freedom to form associations and unions
  • Freedom to move freely throughout the territory of India.
  • Freedom to reside and settle in any part of the territory of India
  • Freedom to profession, occupation, trade or business.

Protection of life and Personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law.

Safeguard against Arbitrary arrest and detention.

No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

Right against exploitation

Prohibition of traffic in human beings and forced labour – Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Prohibition of employment of children in factories – 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.

Right of freedom of religion

Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

Freedom to manage a religious affairs – Subject to public order, morality and health, every religious denomination or any section thereof shall have the right to establish and maintain institutions for religious and charitable purposes.

Freedom as to payment of taxes for promotion of any particular religion.

Freedom to attendance at religious instruction or religious worship in certain educational institutions.

No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

Cultural and educational rights

Protection of interests of minorities – Any section of the citizens residing in the territory of India having a distinct language, script or culture of its own shall have the right to conserve the same. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Right of minorities to establish and administer educational institutions – All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

Rights to constitutional remedies

Remedies for enforcement of rights – The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights is guaranteed. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the fundamental rights.

Key Characteristics of Fundamental Rights

  • Fundamental rights stand apart from regular legal rights due to their unique enforcement mechanisms. Unlike legal rights, where recourse usually begins with lower courts, aggrieved individuals cannot directly approach the Supreme Court (SC) for fundamental rights violations.
  • These rights encompass a mix of entitlements. While certain fundamental rights are exclusively for citizens, others extend to all individuals, irrespective of citizenship.
  • It’s important to recognize that fundamental rights are not absolute. They carry reasonable restrictions aimed at upholding state security, public morality, decency, and fostering amicable relations with other nations.
  • One significant attribute is their justiciability, implying that courts have the power to enforce them. Individuals have the right to directly approach the SC if their fundamental rights are violated.
  • While fundamental rights can be subject to amendment through constitutional changes by Parliament, alterations must not undermine the core structure of the Constitution.
  • During times of national emergency, some fundamental rights of the Indian constitution can be temporarily suspended. However, this suspension doesn’t extend to the rights guaranteed under Articles 20 and 21.
  • In scenarios involving martial law or military rule, fundamental rights may be limited in the affected region. This allows for focused control while preserving broader rights elsewhere.

Classification of Fundamental Rights

Originally Indian Constitution classified the Fundamental Rights into seven categories but with the elimination of right to property from the list of Fundamental Rights by the 44th Amendment in 1979, there are now six categories of rights.

  1. Right to Equality – Articles 14 to 18
  2. Right to particular freedoms – Articles 19 to22
  3. Right against exploitation – Articles 23-24
  4. Right to freedom of religion – Articles 25 –28
  5. Cultural and Educational Rights – Articles 29-30
  6. Right to Constitutional Remedies – Articles 32-35

Can Fundamental Rights be amended ?

Yes, fundamental rights can be amended, but with certain limitations and safeguards in place.

The process of amending fundamental rights involves a constitutional amendment, which requires approval from both Houses of Parliament with a special majority. This means that a significant number of members must agree to the proposed amendment.

However, there are certain constraints on amending fundamental rights:

  1. Basic Structure Doctrine: The Supreme Court of India has established the “basic structure” doctrine, which asserts that while fundamental rights can be amended, the core and fundamental framework of the Constitution cannot be altered. This means that any amendment that violates the basic structure of the Constitution can be struck down by the judiciary.
  2. No Taking Away Rights: Article 13(2) of the Constitution prohibits the enactment of laws that take away or abridge fundamental rights. This means that the government cannot use an amendment to eliminate or significantly weaken fundamental rights.
  3. Judicial Review: The judiciary has the power to review and scrutinize constitutional amendments. If an amendment is found to violate the basic structure or other provisions of the Constitution, the courts can declare it unconstitutional and void.

In summary, while fundamental rights can be amended, there are limits to how they can be changed. The Constitution ensures that certain core principles and rights remain protected and cannot be easily altered by amendments. This system helps maintain the balance between safeguarding individual rights and allowing for necessary changes to the legal framework.

Frequently Asked Questions

How many fundamental duties are outlined in the Indian Constitution?

There are 11 fundamental duties specified in the Indian Constitution.

What does Article 51A of the Indian Constitution pertain to?

Article 51A of the Indian Constitution enumerates the fundamental duties that are mandated for every Indian citizen.

Among the fundamental rights, which one holds the highest significance and why?

The Right to Constitutional Remedies is widely regarded as the most vital fundamental right because it ensures the safeguarding of all other fundamental rights by providing citizens with the means to seek legal remedies in case of their violation.

When was the Doctrine of Eclipse introduced, and in what legal context can its origins be traced?

The Doctrine of Eclipse can be traced back to the case of Keshava Madavan Menon vs State of Bombay. This doctrine emerged in this case when the appellant faced charges under the Indian Press (Emergency Powers) Act, 1931, related to a pamphlet published in 1949. The doctrine signifies that even if a fundamental right is temporarily overshadowed by a legislative enactment, it remains dormant and is not destroyed.


Take this QUIZ and test your Knowledge on Fundamental Rights: An Important achievement of the constitution of India
What is a significant achievement of the Indian Constitution?
Share on: Share YogiRaj B.Ed Study Notes on twitter Share YogiRaj B.Ed Study Notes on facebook Share YogiRaj B.Ed Study Notes on WhatsApp
Popular Posts

What is drafting

November 26, 2023

What is Compensation

October 9, 2023

Adult Suffrage

October 8, 2023

What is Pleading in Law

September 2, 2023
Latest Posts

Tables 11 to 20

March 11, 2024

Tense Chart

December 22, 2023

Table of 13

December 20, 2023

Table of 3

December 19, 2023
Search this Blog
Categories