Fundamental Rights under the Constitution of India

Fundamental Rights under the Constitution of India

The Constitution of India guarantees certain basic civil liberties called 'Fundamental Rights'. These rights are part of Part III of the Indian Constitution and were added through the Fourth Amendment Act. They are meant to protect citizens from any form of exploitation and ensure equality among all individuals with respect to law. There are six categories of fundamental rights:

1. Right to Equality: This includes protection against discrimination on the basis of religion, caste, gender, etc., as well as equal access to public places, education, employment, housing, and other essentials of life. It also prohibits untouchability.

2. Cultural and Educational Rights: Article 29 provides guarantees regarding cultural rights of minorities in terms of their religious practices such as language, script, costume, religion, and customs. However, this right is subject to some restrictions if it contradicts national interests. Additionally, Article 30 gives special provisions for private religious institutions like schools and colleges.

3. Rights relating to Religion: Citizens have freedom of conscience and free professing and propagating religions; however, this liberty doesn't prevent enforcement of laws relating to contempt of court, defamation, and incitement to violence. Also, the state has the power to regulate religious practices when they affect health, morals, etc..

4. Civil Liberties: Under this category come several important rights including freedom of speech and expression, assembly, movement, residence, and profession—all these being considered vital pillars of democracy. Any restriction on these freedoms must pass the test of constitutionality.

5. Social Economic Welfare Rights: Here, the right guaranteed involves providing certain minimum levels of income security by legislation or executive action taken by government. However, there isn't much concrete implementation yet due to financial constraints.

6. Procedure Established by Law: The most notable part of this right is the habeas corpus provision which means nobody can be detained without due process of law. Additionally, every person shall be entitled to speedy trial and presumption of innocence unless proved guilty.

These fundamental rights help maintain social harmony and promote democratic values while ensuring fairness and justice within our society.