Centre for Advanced Legal Studies and Research, (CALSAR), Thiruvananthapuram


RS Ashwathy student, Kerala Law Academy

The rights which are enshrined in the Constitution are called Fundamental Rights. These rights
ensure the fullest physical, mental and moral development of every citizen. They include those
basic freedoms and conditions which alone can make life worth living.
Fundamental Rights generate a feeling of security amongst the minorities in the country. They
establish the framework of democratic legitimacy for the rule of the majority. No democracy can
function in the absence of basic rights such as freedom of speech and expression.
These Fundamental Rights provide standards of conduct, citizenship, justice, and fair play. They
serve as a check on the government. Various social, religious, economic, and political problems
in our country make Fundamental Rights important. In our Constitution, Fundamental Rights
Part III from Article 14 to 32. These rights are justiciable.

Our Constitution does not permit the legislature and the executive to curb these rights
either by law or by executive order. The Supreme Court or the High Courts can set
aside any law that is found to be infringing or abridging Fundamental Rights’. Some of the
Fundamental Rights are also enjoyed by foreigners, for example, the Right to Equality before Law and Right to Freedom
of Religion is enjoyed by both i.e. citizens as well as foreigners. The Fundamental Rights
though justiciable are not absolute. The Constitution empowers the government to impose
certain restrictions on the enjoyment of our rights in the interest of the public good.
Seven Fundamental Rights were enshrined in the Constitution of India. However, the Right
to Property was removed from the list of Fundamental Rights by the 44th Amendment Act
of the Constitution in the year 1976. Since then, it has been made a legal right. There are
now six Fundamental Rights.
The Fundamental Rights are: –
1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights, and
6. Right to Constitutional Remedies

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