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There
has been a constant conflict between man and the State.
There have been adjustments in order to bring a parity
between them but everything goes in vain. It is obvious,
because if individuals are allowed to have absolute freedom
of speech and action, the result would be chaos, ruin and
anarchy.
On the other hand, if the State has absolute power to
determine the extent of personal liberty against
governmental power, it may try to suppress their due rights.
The success of a democracy like India largely depends on
the extent to which civil liberties are enjoyed by the
citizens in general. This measure is ensured by the means of
fundamental rights as only a free society can assure the
all-round progress of its members, this ultimately helps the
advancement of human welfare. Fundamental rights are
essential for the smooth functioning of a government.
The idea of including the list of fundamental rights in part
III of the Indian Constitution, which was nascent in its
nature, had excited the imagination of all political
thinkers. Justiciable rights are those rights which can be
enforced by a court of law. On the other hand, there are
non-justiciable rights which are not enforced by a court
such as right to employment and education.
There are basically six fundamental rights that an
individual enjoys. All these rights are instrumental in
developing an individual's personality and constitute his
liberty - the most essential ingredient of human happiness
and progress.
These six right can be classified
as :
1. Right to Equality (Article 14-18): the
State shall not deny to any person equality before Law or
the equal protection of laws within territory. It also
established equality before law and obligations of titles.
2.
Right to Freedom (Article 19 - 22) : These form a
charter of personal liberties, which provides backbone to
fundamental rights, like freedom of speech and expression,
of assembly and others.
3. Right against Exploitation (Article 23 - 24) :
This right safeguards the integrity of an individual by
prohibiting traffic in human beings and forced labour.
4. Right to Freedom of Religion (Article 25 - 28) :
A secular state cannot deny individual from this
right and its acts as a measure to check the religious
interference.
5. Cultural and Educational Rights (Article 29 - 30) :
The need to preserve one's cultural heritage and
educational background is important as country is in
developing stages.
6. Right to Constitutional Remedies (Article 32 - 35) :
This makes an individual feel the sense of being and the
proper enforcement of Law in case of need. Thus we can see
that all fundamental rights are framed in accordance with
humane perspective and Judiciary is the guardian of all
these rights.
References :
Constitution of India
Contributed by :
Rukmini Sinha - B.A.LL.B III Semester |