Skip to main content

Fundamental Rights in India

 

AUTHOR: SHIVANSHU KATARE

Fundamental Rights are a set of legal rights granted to the citizens of India by the Constitution of India. These rights are designed to ensure the protection of individual freedom, dignity, and equality. They are enshrined in Part III (Articles 12-35) of the Indian Constitution and are considered the cornerstone of the democratic framework of India. These rights are guaranteed to all citizens and are enforceable in courts of law, except in certain cases where reasonable restrictions apply.

Classification of Fundamental Rights

The Indian Constitution recognizes six Fundamental Rights, though they are often grouped in different ways based on their scope and purpose. Below are the Fundamental Rights guaranteed by the Constitution:

1. Right to Equality (Articles 14–18)

This right ensures that all citizens are treated equally before the law and guarantees the following:

  • Article 14: Equality before the Law – This article guarantees that all individuals shall be equal before the law, and there shall be no discrimination by the state against any person based on religion, race, caste, sex, or place of birth.

  • Article 15: Prohibition of Discrimination – It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

  • Article 16: Equality of Opportunity in Public Employment – It guarantees equality of opportunity in matters of public employment and ensures that no one is discriminated against in employment based on the grounds listed in Article 15.

  • Article 17: Abolition of Untouchability – It abolishes untouchability and forbids its practice in any form.

  • Article 18: Abolition of Titles – This article prohibits the state from granting titles (like "Sir" or "Maharaja") that are not based on merit.

2. Right to Freedom (Articles 19–22)

This right guarantees a set of freedoms that allow individuals to act autonomously, including the freedom of speech, assembly, movement, and association.

  • Article 19: Protection of Certain Rights Regarding Freedom of Speech, etc. – This article guarantees six freedoms:

    • Freedom of speech and expression
    • Freedom to assemble peacefully and without arms
    • Freedom to form associations or unions
    • Freedom of movement throughout the territory of India
    • Freedom to reside and settle in any part of India
    • Freedom to practice any profession or carry out any occupation, trade, or business

  • Article 20: Protection in Respect of Conviction for Offenses – This article protects an individual from being punished for an offense that was not a crime when it was committed (no ex post facto law), prohibits double jeopardy, and protects against self-incrimination.

  • Article 21: Protection of Life and Personal Liberty – This is one of the most significant rights. It guarantees that no person shall be deprived of their life or personal liberty except according to the procedure established by law.

  • Article 22: Protection Against Arrest and Detention in Certain Cases – It protects against arbitrary arrest and detention, ensuring that an individual cannot be detained without being informed of the reasons for their detention and given an opportunity to challenge it in court.

3. Right Against Exploitation (Articles 23–24)

This right protects individuals from exploitation and includes the following provisions:

  • Article 23: Prohibition of Traffic in Human Beings and Forced Labour – It prohibits trafficking in human beings, forced labor, and child labor.

  • Article 24: Prohibition of Employment of Children in Factories, etc. – This article prohibits the employment of children below the age of 14 years in factories, mines, or other hazardous occupations.

4. Right to Freedom of Religion (Articles 25–28)

This right guarantees individuals the freedom to practice, profess, and propagate their religion, subject to public order, morality, and health.

  • Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion – It grants individuals the right to freely practice their religion and propagate it.

  • Article 26: Freedom to Manage Religious Affairs – It provides religious denominations the right to establish, maintain, and manage institutions for religious and charitable purposes.

  • Article 27: Freedom as to Payment of Taxes for Promotion of Any Religion – It prohibits the state from imposing taxes to promote any particular religion.

  • Article 28: Freedom from Religious Instruction in Certain Educational Institutions – It ensures that no religious instruction is given in educational institutions wholly funded by the state.

5. Cultural and Educational Rights (Articles 29–30)

These rights protect the cultural and educational interests of minorities and ensure their rights to establish and administer educational institutions.

  • Article 29: Protection of Interests of Minorities – It protects the rights of minorities (whether based on language, religion, or culture) to conserve their distinct culture and language.

  • Article 30: Right of Minorities to Establish and Administer Educational Institutions – It grants minorities the right to establish and manage educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32)

This is considered the "heart and soul" of the Constitution, as it provides individuals the right to approach the Supreme Court or High Courts to seek enforcement of Fundamental Rights.

  • Article 32: Right to Move the Supreme Court for Enforcement of Rights – It allows individuals to directly approach the Supreme Court of India if their Fundamental Rights are violated. The Supreme Court has the power to issue writs (such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto) to enforce these rights.

  • Article 226: Power of High Courts to Issue Writs – The High Courts also have the power to issue writs for the enforcement of Fundamental Rights or for any other purpose.

Limitations on Fundamental Rights

While Fundamental Rights are guaranteed, they are not absolute and can be subject to reasonable restrictions. These restrictions are prescribed by the Constitution and can be imposed by the state in the following cases:

  • Public order
  • Morality
  • Security of the State
  • Foreign relations
  • Decency
  • Protection of scheduled castes, scheduled tribes, and other vulnerable groups

For example, Article 19 (freedom of speech) is subject to restrictions in the interest of public order, security, decency, morality, etc. Similarly, Article 21 can be restricted during times of emergency.

Judicial Interpretation of Fundamental Rights

  • Judicial Review: Courts have interpreted Fundamental Rights expansively. For example, in the case of Maneka Gandhi v. Union of India (1978), the Supreme Court expanded the interpretation of Article 21 to include the right to live with dignity and other associated rights like the right to privacy.

  • Directive Principles and Fundamental Rights: The Directive Principles of State Policy (DPSP), which are non-justiciable, aim to guide the state in making laws that benefit the public welfare. The relationship between Fundamental Rights and DPSPs has been a topic of judicial scrutiny, especially regarding the Supreme Court’s decision in Minerva Mills v. Union of India (1980), where it was stated that Fundamental Rights must be upheld, and the DPSPs should not undermine them.

Conclusion

Fundamental Rights are essential to protect the dignity, freedom, and equality of citizens in India. They are not just a matter of legal importance but are intrinsic to the idea of a just and democratic society. These rights enable individuals to challenge the State and Executive and safeguard civil liberties. However, they are subject to limitations and must be balanced with public interests. The judiciary plays a crucial role in ensuring that Fundamental Rights are protected and upheld against any arbitrary action by the state or other entities.

Comments

Post a Comment

Popular posts from this blog

Organs of Government: Relationship Between the Executive

  AUTHOR: SHIVANSHU KATARE Introduction to the Organs of Government In a modern democratic state, the government is typically divided into three branches or organs : The Legislature : Responsible for making laws. The Executive : Responsible for implementing laws and managing day-to-day administration. The Judiciary : Interprets laws and ensures justice. Each organ has distinct powers, but they function interdependently. The relationship between the executive and the other organs is crucial for maintaining the proper functioning of the government. Here, the focus is on the relationship between the executive and the legislature , which is often complex and varies across different political systems. 1. The Role and Structure of the Executive The Executive is primarily responsible for the implementation of laws and administration of government policies. It can be divided into two categories: Political Executive : Comprising the Head of State (e.g., the President in India) and the Hea...
Post a Comment
Read more

Judicial Accountability Bill, 2013

  AUTHOR: SHIVANSHU KATARE The Judicial Accountability Bill, 2013 was introduced in the Indian Parliament to address the issue of judicial accountability in the country. The bill aimed to ensure that judges, especially of higher courts, are held accountable for their conduct and decisions, while simultaneously safeguarding the independence of the judiciary. This bill was a step towards bringing transparency, fairness, and accountability in the judicial system, as it is essential for maintaining public trust in the judicial process. Context and Background The bill was introduced in response to several concerns regarding judicial accountability, the lack of transparency in the appointment and conduct of judges, and the increasing demands for judicial reforms. While the Indian judiciary is an independent body, there has been criticism about its lack of accountability mechanisms, particularly in cases involving judicial misconduct or inefficiency. The Judicial Accountability Bill, 2...
Post a Comment
Read more

Theories of law and sociology

 Theories of law and sociology provide different lenses to understand the relationship between law, society, and individuals. Law is often seen not just as a set of rules but as a reflection of societal norms, power structures, and historical context. Sociology of law explores how law functions within a society and how it shapes and is shaped by social relationships, structures, and institutions. Below is a detailed examination of key theories within these two fields: 1. Natural Law Theory Natural Law Theory is one of the oldest and most influential theories about law, originating from ancient Greece and Rome. It suggests that law is not just a human invention but is rooted in a higher, universal moral order. Natural law theorists argue that certain principles of justice and morality are inherent in nature, discoverable through human reason, and should be reflected in human-made laws. Key Figures : Aristotle, Thomas Aquinas, John Locke. Core Ideas : Laws should be based on moral va...
Post a Comment
Read more