Features of Fundamental Rights


Introduction

Fundamental rights are rights that guaranteed by the supreme court of India to guarantee the justice to the people of India. It’s important for us to know about the feature of those rights under our constitution.

This is why we have listed a few of most important Features of Fundamental Rights under this article. if you are also here to know about the Features of Fundamental Rights, please read this article fully.

So, let’s start-

What is the Fundamental Rights Under Indian Constitution?

The Fundamental Rights are a set of constitutional provisions that protect the individual liberties and rights of Indian citizens. These rights are guaranteed by the Constitution of India and are considered to be the cornerstone of Indian democracy. The six fundamental rights recognized by the Indian Constitution are:

  • Right to Equality.
  • Right to Freedom.
  • Right against Exploitation.
  • Right to Freedom of Religion.
  • Cultural and Educational Rights.
  • Right to Constitutional Remedies.

Each of these fundamental rights is elaborated upon in different articles of the Indian Constitution and provides legal protection to citizens against any infringement of their rights by the state or any individual.

Features of Fundamental Rights in Detail

These are some important features of fundamental rights-

Features Explanations
Justiciable The Fundamental Rights are enforceable by the courts of law, and citizens can seek legal remedies if their rights are violated.
Negative Obligations. The Fundamental Rights impose negative obligations on the State, which means that the State is required to refrain from taking certain actions that may infringe on an individual's rights.
Universal. The Fundamental Rights are applicable to all citizens of India, regardless of their religion, race, caste, or gender.
Equality before the law. The Fundamental Rights guarantee equality before the law and prohibit discrimination on the basis of religion, race, caste, sex, or place of birth.
Protection of life and liberty. The Fundamental Rights protect the life and liberty of citizens and provide safeguards against arbitrary arrest and detention.
Freedom of speech and expression. The Fundamental Rights guarantee the freedom of speech and expression, which allows citizens to express their opinions and ideas without fear of censorship or retaliation.
Freedom of religion. The Fundamental Rights protect the freedom of religion and allow citizens to practice any religion of their choice.
Freedom of assembly. The Fundamental Rights guarantee the right to peaceful assembly and protest.
Right to education. The Fundamental Rights provide for the right to education, which is considered a fundamental right under the Indian Constitution.
Right to privacy. The Fundamental Rights protect the right to privacy, which includes the right to confidentiality, dignity, and autonomy.
Right to property. The Fundamental Rights guarantee the right to property, subject to reasonable restrictions.
Right to equality of opportunity. The Fundamental Rights provide for equal opportunities for all citizens, regardless of their social, economic, or cultural background.
Protection of minorities. The Fundamental Rights provide for the protection of minorities and safeguard their interests.
Prohibition of forced labor. The Fundamental Rights prohibit forced labor and provide for the abolition of bonded labor and human trafficking.
Protection of women and children. The Fundamental Rights provide for the protection of women and children and prohibit their exploitation and abuse.
Right to information. The Fundamental Rights provide for the right to information, which is essential for promoting transparency and accountability in governance.
Right to clean environment. The Fundamental Rights provide for the right to a clean and healthy environment.
Protection of fundamental rights during emergencies. The Fundamental Rights provide for the protection of fundamental rights even during emergency situations.
Limitations on fundamental rights. The Fundamental Rights can be limited under certain circumstances.
Protection against retrospective application of laws. The Fundamental Rights provide protection against the retrospective application of laws.

FAQ’s

Q1. Why are the Fundamental Rights important?

Ans: The Fundamental Rights are important because they protect the basic rights and freedoms of citizens, such as the right to life, liberty, equality, and dignity. They also ensure that the government does not abuse its power and that citizens have a legal recourse if their rights are violated.

Q2. How are the Fundamental Rights enforced?

Ans: The Fundamental Rights are important because they protect the basic rights and freedoms of citizens, such as the right to life, liberty, equality, and dignity. They also ensure that the government does not abuse its power and that citizens have a legal recourse if their rights are violated.

Q3. Who is protected by the Fundamental Rights?

Ans: The Fundamental Rights protect all citizens of India, including individuals, groups, and communities, regardless of their religion, race, caste, or gender.

Q4. What are the reasonable restrictions on Fundamental Rights?

Ans: The reasonable restrictions on Fundamental Rights include limitations that are necessary for public order, morality, decency, or national security. For example, the right to freedom of speech can be restricted if it involves hate speech or incitement to violence.

Q5. Are there any limitations on the right to property?

Ans: Yes, there are limitations on the right to property under the Indian Constitution. The state can acquire private property for public use, subject to the payment of compensation. Also, the right to property was removed as a Fundamental Right by the 44th Amendment Act, 1978, but it is still a legal right under Article 300A of the Constitution.

Updated on: 15-May-2023

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