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What are Fundamental Rights?

Fundamental Rights or the Magna Carta of the Indian Constitution or the Bill of Rights of India is the same thing. We have to understand that what are these Fundamental Rights and why they said the Magna Carta of the Indian Constitution or the Bill of Rights of India. So let's understand this.

It was first observed in India by Late Shree Motilal Nehru in 1928, his report demanded inalienable Fundamental Rights for the people of India. His report was inspired by the American bill of rights, which had a great impact on the thinking of Indian Leaders.

Fundamental Rights are those rights which are guaranteed by the constitution of India to their civilians or citizens of the country that they can live their life with respect, dignity, and in an equal term. These Fundamental Rights helps in distinguishing between humans and animals. In the case of Menaka Gandhi v. Union of India AIR 1978, Justice Bhagvati said that these rights represent the values that are cherished by the people of this country since the Vedic ages and are made to create conditions in which every human being can develop his personality to the fullest. These rights are necessary for a human being for attaining full social, intellectual, and spiritual status.

They are said Magna Carta of the Indian Constitution because Magna Carta was the first written document that provides Fundamental Rights. It is a royal charter of rights agreed to by King John of England (Britain) at Runnymede, near Windsor on 15 June 1215.

We took our Fundamental Rights from the American Constitution i.e. Bill of Rights, that's why it is also known as the Bill of rights of the Indian Constitution.

From above we understood that what are Fundamental Rights. Now let's understand the specification of our Fundamental Rights (Indian Constitution) which are the following:
  • They are described in Part III (Article 12-35) of the Indian Constitution
  • Fundamental Rights show the progress of Democracy.
  • They protect civilians from the hard rules of the State.
  • They are Justiciable, which means subject to trial in a court of law.
  • They are not absolute but qualified.
  • They are not permanent and can be amended.
  • They can be suspended during an Emergency, except articles 20 and 21.
  • There were seven Fundamental Rights in the Constitution but now there are only six Fundamental Rights in the Indian Constitution. [Right to property become a Legal Right from Fundamental Right after 44th amendment in the Indian constitution.]

Six Fundamental Rights provided under the Indian Constitution are the Following
  1. Right to Equality (Article 14-18
  2. Right to Freedom ( Article 19-22)
  3. Right against Exploitation (Article 23-24)
  4. Right to Freedom of Religion (Article 25-28)
  5. Cultural and Educational Rights (Article 29-30)
  6. Right to Constitutional Remedies (Article 32)
Written By: Jagpravesh Singh

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