Contents
What is a right?
As per NCERT,
A right is essentially an entitlement or a justified claim. It denotes what we are entitled to as citizens, as individuals and as human beings. It is something that we consider to be due to us.
Constitution of India guarantees to every individual certain rights. It is to be kept in mind that rights have no meaning without duties. For eg: A right to avail public places like parks comes with a responsibility to not litter them and to keep such places clean.
What are Fundamental Rights (FRs)?
There are certain rights which are fundamental to the all-round development of an individual. These rights are recognized by the state and guaranteed by the Constitution itself. These rights are termed as Fundamental Rights (FRs). Promoting the ideal of political democracy, Fundamental Rights prevent arbitrary rule of the state. These rights are called fundamental for two reasons:
- Guaranteed by the Constitution, which is the fundamental law of the land
- Extremely necessary for the holistic development of the individuals
Fundamental Rights in the Constitution of India
Part III – Article 12 to Article 35 of Indian Constitution contain provisions related to Fundamental Rights (FRs). Inspiration for these rights has been taken from American Constitution (Bill of Rights). We have six fundamental rights presently,
- 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)
Some of these rights are only available to citizens of India while some of the Fundamental Rights are available to both citizens & foreigners (Except enemy aliens).
- Enemy aliens are the citizens of a state which is at war with India. They enjoy less rights than friendly aliens.
- Friendly aliens are the citizens of those countries that have cordial relations with India.
Now, let’s know about different Fundamental rights available to citizens and foreigners (Except enemy aliens)
FRs available only to citizens | FRs available to both citizens and foreigners |
| Article 15 – Prohibition of discrimination on grounds of race, religion, caste, sex or place of birth | Article 14 – Equality before law and Equal protection of law |
| Article 16 – Equality of opportunity in matters of public employment | Article 20 – Protection in respect of conviction for offences |
| Article 19 – Protection of six rights regarding freedom of :
| Article 21 – Protection of life and personal liberty |
| Article 29 – Protection of language, script, and culture of minorities | Article 21 A – Protection of life and personal liberty – Right to elementary education |
| Article 30 – Right of the minority to establish and administer educational institutions. | Article 22 – Protection against arrest and detention in certain cases |
| Article 23 – Prohibition of human trafficking and forced labou.r | |
| Article 24 – Prohibition of employment of children in factories | |
| Article 25 – Freedom of conscience and free profession, practice and propagation of religion | |
| Article 26 – Freedom to manage religious affairs | |
| Article 27 – Freedom from payment of taxes for promotion of any religion | |
| Article 28 – Freedom from attending religious instruction or worship in certain educational institutions |
The image below illustrates the differences in a concise manner.
We hope that now you’ll be able to distinguish between the rights available to only citizens and the rights available to both citizens and foreigners (except enemy aliens).
| Also Read: What are Fundamental Rights (FRs)? |
| Read more: Other articles in the difference between series |
