The Fundamental Rights have not been defined in the Constitution. However, they are termed as fundamental because they are superior to ordinary laws. These laws can be altered only through constitutional amendments. The Fundamental Rights are not absolute, but are subject to certain restrictions provided by the Constitution. These Rights can be suspended during emergency. Some of these Rights are not available to the members of the Armed Forces. Some Rights are available to all persons of the country while others are available only to Indian citizens.
Originally, the Constitution contained seven groups of fundamental rights, but the right to property has been deleted from the list by the 44th Amendment in 1978 thereby providing six categories of rights.
The Rights are:-
Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
There has been criticism of the fundamental rights as incorporated in our Constitution. It has been observed that the restrictions entangling these rights do not make them fundamental.
However, the Fundamental Rights are basic to a democratic polity like India. With the shortcoming in their enunciation in our Constitution, their inclusion in the Constitution has served the nation advantageously.
