Constitutional rights and privileges of the citizens of India

Constitutional rights and privileges of the citizens of India

The Constitution of India guarantees a comprehensive set of rights and privileges to its citizens. These rights are enshrined in Part III (Articles 12 to 35) of the Constitution, which is known as the “Fundamental Rights” chapter. These rights aim to ensure justice, liberty, equality, and fraternity for all citizens.

1. Right to Equality (Articles 14-18):

1. Article 14 – Right to Equality:
   • The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
2. Article 15 – Prohibition of Discrimination:
   • The State shall not discriminate against any citizen on grounds of religion, race, caste, sex, or place of birth.
3. Article 16 – Equality of Opportunity in Public Employment:
   • Equality of opportunity shall be provided in matters of public employment, and no citizen shall be discriminated against in matters of employment on grounds only of religion, race, caste, sex, descent, place of birth, or any of them.
4. Article 17 – Abolition of Untouchability:
   • Untouchability is abolished, and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offense.
5. Article 18 – Abolition of Titles:
   • No title, not being a military or academic distinction, shall be conferred by the State.

2. Right to Freedom (Articles 19-22):

1. Article 19 – Protection of Certain Rights Regarding Freedom of Speech, etc.:
   • Guarantees six freedoms: freedom of speech and expression, assembly, association, movement, residence, and the right to practice any profession or occupation.
2. Article 20 – Protection in Respect of Conviction for Offenses:
   • Protection against double jeopardy and self-incrimination.
3. Article 21 – Protection of Life and Personal Liberty:
   • No person shall be deprived of his life or personal liberty except according to the procedure established by law.
4. Article 21A – Right to Education:
   • The State shall provide free and compulsory education to all children of the age of six to fourteen years.
5. Article 22 – Protection Against Arrest and Detention:
   • Safeguards against arbitrary arrest and detention.

3. Right against Exploitation (Articles 23-24):

1. Article 23 – Prohibition of Traffic in Human Beings and Forced Labor:
   • Prohibits trafficking in human beings and forced labor.
2. Article 24 – Prohibition of Employment of Children in Factories, etc.:
   • No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

4. Right to Freedom of Religion (Articles 25-28):

1. Article 25 – Freedom of Conscience and Free Profession, Practice, and Propagation of Religion:
   • Freedom of conscience and the right to freely profess, practice, and propagate religion are guaranteed.
2. Article 26 – Freedom to Manage Religious Affairs:
   • Religious denominations and institutions have the right to manage their religious affairs.
3. Article 27 – Freedom as to Payment of Taxes for Promotion of any Particular Religion:
   • No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion.
4. Article 28 – Freedom from Attendance at Religious Instruction:
   • No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

5. Cultural and Educational Rights (Articles 29-30):

1. Article 29 – Protection of Interests of Minorities:
   • Protects the interests of minorities by allowing them to establish and administer educational institutions.
2. Article 30 – Right of Minorities to Establish and Administer Educational Institutions:
   • Grants minorities, based on religion or language, the right to establish and administer educational institutions.

6. Right to Constitutional Remedies (Article 32):

1. Article 32 – Remedies for Enforcement of Rights:
   • Provides the right to move to the Supreme Court for the enforcement of fundamental rights through writs.

Other Important Rights:

1. Right to Privacy:
   • The right to privacy has been recognized as a fundamental right by the Supreme Court, interpreting the existing fundamental rights.
2. Right to Information:
   • Though not explicitly mentioned in the Constitution, the right to information has been recognized as an integral part of the right to freedom of speech and expression.
3. Right to Property (Removed by the 44th Amendment):
   • Originally a fundamental right, the right to property was removed from the list of fundamental rights by the 44th Amendment in 1978.

These fundamental rights are enforceable by the citizens through the judiciary, and the Supreme Court is the ultimate guardian of these rights. The Constitution of India, through its elaborate framework of rights and privileges, seeks to ensure justice, equality, and liberty for all its citizens.