Introduction to Fundamental Rights
Where are Fundamental Rights given in the Constitution?
Fundamental Rights are written in Part III of the Indian Constitution, spanning from Articles 12 to 35.
👉 Our Constitution makers borrowed the idea of Fundamental Rights from the Bill of Rights of the USA.
👉 Because of their importance, Part III is often called the “Magna Carta of India.”
(Magna Carta was a historic charter of rights in England, signed in 1215, which limited the powers of the King. Similarly, our Fundamental Rights limit the powers of the State.)
Why are they called ‘Fundamental’?
They are “fundamental” because:
- They are guaranteed and protected by the Constitution, which is the supreme law of the land.
- They are essential for the all-round development of every individual – not only material but also intellectual, moral, and spiritual.
- Without these rights, democracy cannot survive.
So, in simple terms – Fundamental Rights are the backbone of Indian democracy.
Purpose of Fundamental Rights
The Constitution does not give these rights just for decoration. They serve very important purposes:
- They guarantee equality and protect the dignity of individuals.
- They ensure unity of the nation by treating all citizens equally.
- They promote political democracy and prevent the rise of an authoritarian or despotic rule.
- They act as a check on the Executive and Legislature by restricting misuse of power.
👉 In short: They establish a “government of laws and not of men.”
(Meaning – rulers cannot act arbitrarily; they must act according to law.)
List of Fundamental Rights
Originally, the Constitution gave us seven Fundamental Rights:
- 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 Property – Article 31
- Right to Constitutional Remedies – Article 32
But later, through the 44th Constitutional Amendment Act, 1978, the Right to Property was removed from the list of Fundamental Rights.
👉 Today, the Right to Property is just a legal right under Article 300-A (in Part XII).
👉 Therefore, at present, India has six Fundamental Rights.
✨ In essence: Fundamental Rights are like a shield in the hands of citizens. They protect us against the arbitrary actions of the State and ensure that India remains a true democracy, where law, not individuals, governs the nation.