Which of the following is NOT among the six fundamental rights provided in Part III of the Indian Constitution?
- AOption (a)
Right to Religious Education
- BOption (b)
Right to Equality
- COption (c)
Right against Exploitation
- DOption (d)
Right to Freedom
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Correct answer
Right to Religious Education
Why this answer is correct
The correct answer is Right to Religious Education.
Key Points
- The Indian Constitution guarantees six fundamental rights under Part III, which are essential for individual liberty and social equality. However, the Right to Religious Education is not explicitly mentioned as a fundamental right.
- The six fundamental rights include:
- Right to Equality (Articles 14–18): Ensures equality before the law and prohibits discrimination on various grounds.
- Right to Freedom (Articles 19–2: Includes freedom of speech and expression, assembly, association, movement, residence, and profession.
- Right against Exploitation (Articles 23–2: Prohibits human trafficking, forced labor, and child labor in hazardous employment.
- Right to Freedom of Religion (Articles 25–28): Ensures religious freedom, including the right to profess, practice, and propagate religion.
- Cultural and Educational Rights (Articles 29–30): Protects the rights of minorities to preserve their culture and establish educational institutions.
- Right to Constitutional Remedies (Article 3: Empowers individuals to approach the Supreme Court for enforcement of fundamental rights.
- The Right to Religious Education is not explicitly recognized as a standalone fundamental right. However, Article 28 under the Right to Freedom of Religion addresses religious instruction, stating that no religious instruction shall be provided in educational institutions wholly funded by the state.
- The Right to Equality, Right against Exploitation, and Right to Freedom are well-defined and form an integral part of the six fundamental rights.
- Hence, the correct answer is Right to Religious Education.
Additional Information
- Articles Related to Fundamental Rights:
- Article 14: Ensures equality before the law and equal protection of laws.
- Article 19: Provides six freedoms, including speech, assembly, and movement.
- Article 23: Prohibits human trafficking and forced labor.
- Article 25: Guarantees the freedom of conscience and free profession, practice, and propagation of religion.
- Article 32: Empowers individuals to move the Supreme Court for enforcement of rights.
- Explanation of Article 28:
- No religious instruction is allowed in educational institutions wholly maintained out of state funds.
- Religious instruction is permitted in institutions administered by religious bodies but not funded by the state.
- Students cannot be compelled to attend religious instruction in institutions recognized by the state or receiving state aid.
- Important Features of Fundamental Rights:
- They are justiciable, meaning individuals can move courts to enforce them.
- They aim to promote political democracy and prevent authoritarian rule.
- They are not absolute and are subject to reasonable restrictions in the interest of public order, morality, and national security.
- Key Differences:
- The Right to Religious Education is not a separate fundamental right but is implicitly covered under the Right to Freedom of Religion.
- Educational rights for minorities under Article 30 allow them to establish and administer their educational institutions.
Important Points
- Amendments to Fundamental Rights: Fundamental rights can be amended by the Parliament, but the basic structure of the Constitution cannot be altered (as per the Keshavananda Bharati case, 1973).
- Directive Principles vs Fundamental Rights: While fundamental rights are enforceable, directive principles are non-justiciable but aim to achieve social and economic democracy.
- Suspension During Emergency: Fundamental rights under Articles 19 can be suspended during a national emergency (Article 35, except for rights under Articles 20 and 21.