International Human Rights Public Protection Association

Fundamental Rights

Fundamental Rights are defined as the basic human freedoms that every Indian citizen has the right to enjoy for individual, just and equitable development.

Meaning of Fundamental Rights

Fundamental rights are called those rights which, being fundamental to the life of the individual, are provided to the citizens by the constitution and which cannot be interfered with by the state. These are the rights which are necessary for the full development of the personality of the individual. and without which man cannot make his full development. This right is fundamental for many reasons.

  1. These rights are called fundamental because they have been given a place in the constitution of the country and they cannot be amended in any way except through the process of amendment in the constitution.
  2. These rights are fundamentally necessary for the development of every aspect of the person, in the absence of them the development of the personality of the person will be blocked.
  3. These rights cannot be infringed.
  4. Fundamental rights are justifiable and are equally available to every person in the society.

Difference Between Simple Legal Rights and Fundamental Rights

Ordinary legal rights are enforced and protected by the state whereas fundamental rights are enforced by the constitution of the country and protected by the constitution itself. Changes can be made in the ordinary legal rights by the Legislature, but in order to make changes in the fundamental rights, changes in the constitution are necessary.

Classification of Fundamental Rights

The fundamental rights of citizens in the Indian Constitution have been described in the third part of the Constitution from Articles 12 to 35. In these rights, Articles 12, 13, 33, 34 and 35 (a) relate to rights in general. Before the passing of the 44th amendment, the fundamental rights given in the constitution were divided into seven categories, but according to this amendment, the right to property was made a general legal right. Indian citizens have six fundamental rights.

  1. Right to Equality:: Articles 14 to 18.’
  2. Right to Freedom:: Article 19 to 22.
  3. Right against Exploitation:: Article 23 to 24
  4. Right to Freedom of Religion:: Article 25 to 28
  5. Rights related to cultural and education:: Article 29 to 30.
  6. Right to Constitutional Remedies: Article 32 Fundamental Rights and Fundamental Rights in Sight Ordinary Article 12 (defined) Article 13 (laws inconsistent with or in derogation of Fundamental Rights)