Short Essay on Fundamental Rights in India

Fundamental Rights in India 

Fundamental Rights may well be called the soul of our Constitution. These are the very basic rights that are universally recognized as fundamental to human existence and indispensable for human development.

In the absence of these rights man’s social and spiritual life would be rendered worthless and his potentialities would have little chance of producing any worthwhile outcome.

The fundamental rights fall in six broad categories. These are right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and right to Constitutional remedy. By the 86th Amendment to the Constitution right to education was included under right to freedom in 2002.

The right to equality includes equality before law, equal protection of law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, equality of opportunity in matters of public employment, abolition of untouchability and abolition of titles.

The right to freedom includes freedom of speech and expression, freedom to form associations or unions, freedom to move freely throughout India, freedom to reside and settle in any part of India, freedom to practice any profession and right against exploitation. Right against exploitation includes prohibition of any form of forced labour.

Children below 14 years of age cannot be made to work in factories or mines or in any other hazardous employment. The right to freedom of religion includes freedom of conscience, freedom to profess any religion, freedom to manage religious affairs, freedom as to payment of taxes for promotion of any particular religion.

The cultural and educational rights include the protection of the interests of minorities, right to minorities to establish and administer educational institutions.

Besides these the Constitution of India guarantees adequate provisions to enforce them. Accordingly the right to enforce all the fundamental rights is itself made a fundamental right in the Constitution under Article 32 and Article 226.

Under these provisions one has the right to approach the High Courts or the Supreme Court directly in case of violation of any of fundamental rights.