The history of fundamental rights (which were lawfully enforceable) probably starts from the Magna Carta, which was a list of rights extracted from King John by the people of England in 1214 AD. The most significant advancement in the history of fundamental rights occurred when through the first 10 amendments, the USA incorporated certain fundamental rights into its constitution in the form of the "Bill of Rights." In this essay on Fundamental Rights, we shall talk about the various rights provided to Indian citizens and what they stand for.
Long Fundamental Rights Essay in English
Fundamental Rights were borrowed from the constitution of the United States of America.
The constituent assembly of India adopted the constitution of India on 26th November 1949, which came into effect on 26th January 1950. It contains 395 Articles, 22 Parts, and 12 Schedules. Part III (Articles 12 to 35) of the Constitution of India consists of rights which are essential for the overall development of individuals, are also termed as Fundamental Rights. Fundamental Rights are universal, that is, they apply to all the citizens of India irrespective of their race, birthplace, religion, caste, gender or gender identity. Earlier there were seven fundamental rights, but later on the ‘Right to Property’ was abolished. Currently, we have six fundamental rights.
Right to Equality
The Right to Equality is guaranteed by the constitution of India through articles 14 to 18 (of which article 14 is the most important). Right to Equality refers to everyone being equal in the eyes of the law. It prohibits discrimination on the grounds of race, caste, creed etc by providing equal opportunity for employment. The article also abolishes untouchability and titles.
Right to Freedom
Articles 19 to 22 guarantee the Right to Freedom in the constitution of India. It guarantees all Indian citizens with freedom of speech and expression; freedom to assemble peacefully; freedom for forming cooperative societies or unions or companies; freedom to move freely in India; freedom to reside or settle anywhere in India and the freedom to practice any profession or carry on any occupation, trade or business of their choice. Although the government has the right to impose certain restrictions on these freedoms in the interest of the sovereignty and integrity of India.
Right to Information has been given the status of a fundamental right in 2005, under article 19(1) of the Indian Constitution.
Right Against Exploitation
Articles 23 and 24 guarantees the right against exploitation and focuses mainly on two provisions. The first being the abolition of human trafficking and Begar (Forced Labour) and secondly, the abolition of employment of children under the age of 14 in jobs with a risky environment like factories, mines etc.
Right to Freedom of Religion
Articles 25 to 28 provide religious freedom to all Indian citizens. The main objective of this right is to sustain secularism in our country. It assures that all religions are equal in the eyes of the state and none of them is given preference over the other. It allows the citizens to preach, practise, and propagate the religion of their choice. It also provides religious communities to set up charitable institutions.
Cultural and Educational Rights
Articles 29 and 30 provide every Indian citizen with rights to education and cultures. It assures that every citizen gets equal opportunities in terms of education while giving minority communities the right to admission in colleges and universities without any discrimination. It also gives minority communities the right to establish educational institutions to preserve and develop their culture.
Right to Constitutional Remedies
Articles 32 to 35 empowers all Indian citizens to move to the court of law whenever they are denied their fundamental rights. Article 32 is also termed as the citizens right to protect and defend the constitution as it allows the citizens to enforce the constitution through the judiciary.
The main objective of Right to Constitutional Remedies is to enforce the Fundamental Rights.
Short Fundamental Rights Essay in English
Fundamental Rights are considered the rights that are integral to the advancement of the human race. All other rights are derived as direct consequences or application of their principles from such rights. Among philosophers, it is an accepted belief that these rights are nothing but "natural human rights" that distinguish between humans and animals. So, these have played a rather important role in bringing humans all the way from the Stone Age to the present. It was regarded that such rights were beyond the complexities of politics. The constitution's protection meant that these rights could not be put to the vote and were not dependent on politicians or the majority's whims
Why do we need Fundamental Rights?
Such rights are a safeguard for citizens against the government as it is necessary to have the rule of law and not a government or a person. These rights do not dare to be transgressed by the authority as they are explicitly given to the people by the Constitution. The courts are fully required to uphold these rights and the government is answerable to the courts. After living in subjugation for so long, people have forgotten what liberty means. These rights offer people the hope and belief that their growth will not be halted. They're free from the rulers' whims. These rights are, in that sense, the first fruits of the long struggle for freedom and bring a sense of satisfaction and accomplishment.
Even in Gulf countries or Communist countries, citizens are free. How is our liberty, then, different from theirs? A clear measure of how free we are in the list of fundamental rights. For example, every Indian citizen is free to practice a religion of his choice, but that is not the case in Gulf countries. Our right to speech and expression enables us to criticize the government freely.
In conclusion, we can say that the Indian constitution was framed after a thorough analysis of all the constitutions in the world, and successfully incorporates all the good things existing in them.