The Constitution of India offers all citizens, some basic rights. These rights are known as Fundamental Rights. These rights are justiciable which means that if someone is denied these rights he can go to the Supreme Court the following fundamental rights have been guaranteed under the Constitution:
1. The right to equality.
2. The right to freedom.
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3. The right to property.
4. The right against exploitation.
5. The right to freedom of religion.
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6. Cultural and educational rights.
7. The right to Constitutional remedies.
The Right to Equality:
Under this right to equality every citizen has been offered equal rights including equality before law. There should not be any discrimination on grounds of religion, race, caste, sex or place of birth. All are offered equal opportunity for employment.
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One may belong to any religion, any place, any caste, any sex he or she has equal rights to contest elections and can enjoy equal rights in all matters relating to politics.
Every citizen has equal economic rights. For making his livelihood one can choose any profession. There is not binding on him. Likewise all have equal rights to join employment-government or private, according to his qualifications.
Similarly all have been given equal rights to religion. There are several religions in India, all are equal before law.
The Right of Freedom:
Under the right to freedom the citizens enjoy the following rights:
1. The Right to Freedom of Speech and Expression:
Every citizen has the freedom to express his views in speech or writing. They can criticize the government’s policies, if they feel so. Healthy criticism useful for smooth and efficient functioning of democracy.
2. The Right to Assembly:
In an order to express their views citizens can assemble at any proper place but they should be without arms. They can also assemble for celebrating a festival and other such purposes.
3. Freedom to Association or Union:
Citizens of India have the freedom to form associations or unions. These unions are of different kinds like trade unions, educational or cultural societies etc.
4. Freedom of Movement:
Any citizen has the freedom to go anywhere in the country. There is no bar to anyone. One can move from place to place, city to city and state to state, according to his wish and resources.
5. Freedom of Residence:
Indian citizens have the freedom to build their houses wherever they like. They have also the right to buy or sell property.
6. Right to Profession or Occupation:
All citizens have equal right to start any profession or occupation.
Some of above rights are subject to the security of the state, friendly relations with other countries, public order, decency or morality. This means no one should do anything which is against these principles.
The Right against Exploitation:
All Indian citizens have the right to fight against exploitation of any kind. The Constitution prohibits all forms of forced labour. Children should not be employed as labourers.
There is prohibition of traffic in human beings. If anyone is forced to do these things he can go to the court for protection of his fundamental right.
The Right to Religion:
India is a very vast country. There are people of different religions and beliefs. All have the freedom to choose their religion according to the wishes of their conscience. No one can be forced to join one particular religion or reject a particular religion.
All religions are equal before the government and the law. India is a secular state.
Cultural and Educational Rights:
All citizens have equal rights in the matter of culture and education. They have the freedom to propagate any culture and join educational institutions. The minority communities like Sikhs and Muslims have the right to conserve their culture, language, script and to establish educational institutions of their choice.
The Right to Constitutional Remedies:
If there is any violation of fundamental rights by the government, the people can approach the Supreme Court to get their fundamental rights. The Supreme Court issues the following orders in such cases:
1. Writ of Habeas Corpus:
Habeas Corpus is a latin word. It means that if a person is kept in the prison unlawfully the Supreme Court has the authority to issue Writ of Habeas Corpus calling for an explanation of the authorities as to why they confined a person to jail without valid reasons.
Nor can anyone be punished without trial in the court.
2. Writ of Mandamus:
If any officer is not doing his duty properly and according to law, one can approach the Supreme Court to get orders directing him to discharge his public duty properly, can be obtained from the Court. Such an order is called writ of Mandamus. The main aim of this writ is to see that the government officers do their public duties properly. Mandamus means – “We give orders”.
3. Writ of Certiorari:
If a citizen fails to get justice from a lower court because of discrimination, or favour to someone, he can approach the Supreme Court. Then the Supreme Court will call for the records of the case from the lower court and decide the case.
4. Writ of Quo Warranto on Prohibition:
This means, if a government servant is doing something wrong or unlawful then he can be stopped from doing this by an order from the Supreme Court. This order is called writ of Quo Warranto on Prohibition.