Rights under the Indian Constitution

The Constitution of India provides Fundamental Rights as a charter of not only individual rights but also of group rights. This could be obvious from the dimensions and types of rights provided by the Constitution. Rights for religious, cultural and linguistic groups have been provided. Secondly, rights given to individuals also fall under two categories such as right to a person in India (e.g., rights under Articles 14, 20, 21 etc.) and right to a person who is citizen of India (e.g., Articles 15, 16, 19 etc.). Thirdly, by providing as a charter of rights, the Constitution has recognized and secured these rights as enforceable by the courts. This is obvious from Articles 32 and 226 of the Constitution, which provide remedies for enforcement of rights conferred through writs. These are then legal rights and follow the Bill of Rights system of providing secured rights as prevails in USA rather than the Common law system that prevails in Britain. Fourthly, besides the Fundamental Rights, the Constitution also provides certain other rights, which may be categorized as Constitutional rights. Fifthly, implied in the Fundamental rights are certain rights, which have been granted by Parliament as Statutory Rights, such as right to information, implied in Article 19. Sixthly, there are certain rights in the nature of social, civil and economic rights that have been provided as Directive Principles of State Policy but are not enforceable. We can say that these rights are moral, social or welfare commitments of the State though not legally recognized as enforceable. Broadly, three categories of rights are available through the Constitution. These are:

Fundamental Rights

• Right to Equality including abolition of untouchability [Articles 14–18]
• Right to Freedom including freedom of speech and expression, assembly peacefully, association and union, movement and residence throughout India, profession, trade, business, occupation etc., [Article 19]
• Right against double jeopardy, retrospective application of law [Article 20]
• Protection of life and liberty, which has been constructed by the judiciary to include right to shelter, livelihood, legal aid, etc. [Article 21]
• Right against arrest and detention in certain cases [Article 22]
• Right against Exploitation—Right against traffic and forced labour [Article 23]
• Prohibition against employment of children in factories [Article 24]
• Right to freedom of Religion—conscience and free profession, practice and propagation of religion [Articles 25–8]
• Rights related to protection of interests of minorities—cultural, linguistic, religious, educational [Article 29]
• Cultural and Educational Rights—Right to freedom to manage religious affairs including tax exemption [Article 30]
• Right to Constitutional remedies [Article 32 and also 226]