Understanding Your Constitutional Rights Beyond Article 19

India’s Constitution turned 75 years old this week on November 26th! The longest constitution in the world, our Constitution guarantees several fundamental rights to its citizens, which cannot be violated by anyone. 

We often learn about the freedoms we get as part of our fundamental rights under Article 19! But, there’s more to the fundamental rights than just the freedoms we enjoy. As we celebrate the 75th year of our Constitution, let’s look at what are the other fundamental rights in this Weekly. 

Before that, a quick look at Article 19

Article 19 of the Indian Constitution recognises and upholds certain fundamental freedoms that people in India enjoy, namely : 

•  (Article 19(1)(a)) enables citizens to express their opinions, thoughts, and ideas without fear of negative consequences or backlash  
•  The freedom of assembly (Article 19(1)(b)) and association (Article 19(1)(c)) allows citizens to peacefully assemble, protest, and form associations, unions, and organizations, promoting collective action and advocacy.
• The freedom of movement (Article 19(1)(d)) and residence (Article 19(1)(e)) enables citizens to move freely and reside in any part of the country, facilitating mobility and access to opportunities. 
• Article 19(1)(g) allows the citizens to practice any profession or carry out any trade. 

However, the freedoms guaranteed under Article 19 are not absolute. The Government can impose certain reasonable restrictions on them if they deem it necessary. 

What are the other fundamental rights? 

Besides Article 19, the Constitution recognises five other fundamental rights that every citizen should know and understand. These are:

1. Equality Before the Law (Article 14)

Every individual is equal before the law, and no person can be denied equality under similar circumstances.

2. Right Against Exploitation (Articles 23 and 24)

This article prohibits human trafficking, forced labor, and child labor in hazardous industries. 

3. Cultural and Educational Rights (Articles 29 and 30)

This provision protects the rights of minorities to preserve their culture and establish educational institutions.

4. Right to Constitutional Remedies (Article 32)

If any of the fundamental rights are violated, then citizens can approach the Supreme Court and High Courts to seek remedy. Citizens can approach the court with legal tools like writ petitions to redress their violation of rights.

5. Right to Life and Personal Liberty (Article 21)

This includes more than mere survival to include dignity, privacy, and the right to a pollution-free environment.

While the fundamental rights can be enforced by law, the Constitution also includes certain directions to the government which although not enforceable, are principles that the government must aspire to follow. These are the Directive Principles of State Policy (Part IV).

They have influenced the creation of laws like the Right to Education Act, 2009, and schemes like MGNREGA. Citizens can advocate for policies aligning with these principles.

7. Reservations and Social Justice (Articles 15 and 16)

This provision allows affirmative action for disadvantaged groups in education, jobs, and public welfare.

Quotas for Scheduled Castes, Scheduled Tribes, and Other Backward Classes are governed by laws like the Central Educational Institutions (Reservation in Admission) Act, 2006.

Why we need to know these rights

These constitutional rights are essential for ensuring the well-being, dignity, and freedom of Indian citizens. 

By being aware of these rights, citizens can:

– Challenge discriminatory laws and actions

– Protect their cultural and educational rights

– Seek constitutional remedies for violations of fundamental rights

– Advocate for policies promoting social and economic welfare

– Exercise their freedom of speech, assembly, and association

The Indian Constitution provides a comprehensive framework for protecting the rights and freedoms of citizens. By understanding the scope and implications of these rights, citizens can play an active role in upholding democracy and promoting social justice.