The fundamental rights are enshrined in part III of the constitution from article 12 to 35 in this regards the farmer of the Constitution is derived inspirations from the constitutions of USA.
The fundamental rights are guaranteed by the constitution to all persons without any discrimination. They uphold the equality of individuals, the dignity of the individual, the larger public interest and Unity of the nation.
The fundamental rights are meant for promoting the ideal of political democracy. The prevent the establishment of an authoritarian and despotic rule in the country and protect the liberty and freedom of the people against the invasion by the state they operate as limitations on the tyranny of Executive and arbitrary laws of the Legislature. In short, they aim at establishing 'a government of laws and not of men'.
The fundamental rights are named so because they are guaranteed and protected by the constitution which is fundamental law of the land. They are 'fundamental' also in the sense that they are most essential for the all round development of the individuals.
Originally, the constitution provide for seven fundamental rights via,
- Right to Equality (articles 14 - 18)
- Right to freedom (articles 19-22)
- Right against exploitation (article 23 - 24)
- Right to freedom of religion( article 25 - 28)
- Cultural and educational rights (article 29- 30)
- Right to property (article 31)
- Right to constitutional remedies (article 32)
However, the right to property was leaked from the list of fundamental rights by the 44th Amendment Act 1978 it is made a legal right under article 300 A in part 12th of the Constitution at present there are only six fundamental rights
