Fundamental Rights and Fundamental Duties

Articles 12 to 35 in Part III of Indian Constitution provide for six Fundamental Rights of India. Six fundamental rights are mentioned below:

• Right to Equality (Articles 14–18)
• Right to Freedom (Articles 19–22)
• Right against Exploitation (Articles 23–24)
• Right to Freedom of Religion (Articles 25–28)
• Cultural and Educational Rights (Articles 29–30)
• Right to Constitutional Remedies (Article 32)

Right to Freedom of Religion (Article 25 to 28)

These provisions of the Indian Constitution guarantee individuals the freedom to profess, practice, and propagate the religion of their choice. It ensures secularism by mandating that the state maintain neutrality and treat all religions equally.

Freedom of Conscience and Free Profession, Practice, and Propagation of Religion (Article 25)

This article says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion. The implications of these are:

Freedom of conscience

Right to Profess

Right to Practice

Right to Propagate

Freedom to Manage Religious Affairs (Article 26)

This provision states that every religious denomination or its section shall have the following rights-

• Right to establish and maintain institutions for religious and charitable purposes,
• Right to manage its affairs in matters of religion,
• Right to own and acquire movable and immovable property, and
• Right to administer such property as per law.

Freedom from Taxation for Promotion of a Religion (Article 27)

This provision prohibits the State from levying taxes for promoting or maintaining any particular religion or religious denomination. It upholds the principle of secularism and ensures that the State remains neutral in matters of religion, fostering equality and religious freedom for all citizens.

Freedom from Attending Religious Instruction (Article 28)

It makes provisions for religious instruction in different categories of educational institutions, as described below:

• Institutions wholly maintained by the State- religious instruction is completely prohibited.
• Institutions administered by the State but established under any endowment or trust – religious instruction is permitted.
• Institutions recognized by the State- religious instruction is permitted on a voluntary basis i.e. with the consent of the person.
• Institutions receiving aid from the State- religious instruction is permitted on a voluntary basis i.e. with the consent of the person.

Protection Against Arrest and Detention (Article 22)

This provision ensures certain protections to persons who are arrested or detained, including the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours of arrest. It prevents arbitrary detention and ensures fair treatment of individuals in custody.

Remedies for enforcement of rights conferred by this Part:

The right to move the Supreme Court through relevant procedures for the enforcement of the rights conferred by this Part.

The Supreme Court shall have the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Right to Constitutional Remedies (Article 32)

It confers the right to remedies for the enforcement of the fundamental rights in case of violation of the same. It makes the following provisions regarding the same:

• The right to move the Supreme Court for the enforcement of the Fundamental Rights is guaranteed.
• The Supreme Court shall have the power to issue directions, orders, or writs
• for the enforcement of fundamental rights.
• The Parliament can empower any other court to issue directions, orders, or writs for the enforcement of fundamental rights.
• The right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution.
  • These provisions give the right to get the Fundamental Rights protected, making the Fundamental Rights real.

Protection of Interests of Minorities (Article 29)

It provides that:

• Any section of citizens having a distinct language, script, or culture of its own, shall have the right to conserve the same.
• No citizen shall be denied admission into any educational institution maintained by the state or receiving aid out-of-state funds on grounds only of religion, race, caste, or language.