8. Fundamental Rights

Part III of the Indian Constitution guarantees six11 fundamental rights to all the citizens:

(a) Right to Equality (Articles 14-18);

(b) Right to Freedom (Articles 19-22);

(c) Right against Exploitation (Articles 23-24);

(d) Right to Freedom of Religion (Articles 25-28);

(e) Cultural and Educational Rights (Articles 29-30); and

(f) Right to Constitutional Remedies (Article 32).

The Fundamental Rights are meant for promoting the idea of political democracy. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature. They are justiciable in nature, that is, they are enforceable by the courts for their violation. The aggrieved person can directly go to the Supreme Court which can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo warranto for the restoration of his rights.

However, the Fundamental Rights are not absolute and subject to reasonable restrictions. Further, they are not sacrosanct and can be curtailed or repealed by the Parliament through a Constitutional Amendment Act. They can also be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21.