Fundamental Rights Of the Indian Constitution

Fundamental Rights in Indian Constitution

Fundamental rights in simple terms the basic rights guaranteed to all Indian citizens irrespective of religion, cast and race etc. The fundamental rights enshrined in the Indian Constitution were inspired by the USA Bill of Rights (1791).Articles 12 to 35 in Part III of Indian Constitution provide for six Fundamental Rights of India. Part III of the Constitution is described as the Magna Carta of India.‘ Magna Carta’, the Charter of Rights issued by King John of England in 1215 was the first written document relating to the Fundamental Rights of citizens. Originally, the Constitution provided for seven Fundamental Rights. However, the 44th Amendment Act, of 1978 removed the Right to Property from the list of Fundamental Rights. It was, instead, made a legal right under Article 300-A in Part XII of the Constitution. So at present, there are only six Fundamental Rights. During an emergency in India, some Fundamental Rights can be suspended, However, the right to judicial remedy for the enforcement of Articles 20 and 21 cannot be suspended in any case.

List of  Fundamental Rights ( Articles 12 to 35):

Article 12: Definition of  a State. A state includes

• The government and parliament of India.
• The government and legislature of each state.
• The local or other authorities within the territory of India.
• The local or other authorities under the control of Govt. of India.

Article 13: deals with the laws inconsistent with or in derogation of the fundamental rights.

Six fundamental rights are mentioned below:

• 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)

Right to Equality (Articles 14-18):

• Article 14: Equality before Law
• Article 15: Prohibition of  Descrimination on grounds of  Religion, Caste, Race, Sex and place of birth
• Article 16: Equality of Opportunity in Public Employment
• Article 17: Abolition of Untouchability
• Article 18: Abolition of Titles

Right to Freedom (Articles 19–22):

Article 19: This article guarantees to protect six rights (All Citizens)

1. Freedom of Speech and Expression
2. Freedom of Assemble peacefully
3. Freedom of forming Associations/Unions
4. Freedom of movement throughout India
5. Freedom of settle and reside in any part of India
6. Freedom to practice any profession or carry on any occupation, trade, or business.

Article 20: Protection in Respect of Conviction for Offences.

This article provides some key safeguards to individuals Protection against Double Jeopardy, Self Incrimination, Limit on Penalty

Article 21: Right to Life and Personal Liberty

Article 21(A):Right to Education

Article 22: Protection Against Arrest and Detention in certain cases

Right Against Exploitation (Articles 23–24):

Article 23: Prohibition of Traffic in Human Beings and Forced Labour

Article 24: Prohibition of Employment of Children in Factories/Hazardous Jobs

Right to Freedom of Religion (Articles 25–28):

Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion 

Article 26: Freedom to Manage Religious Affairs

Article 27: Freedom from Taxation for Promotion of a Religion

Article 28: Freedom from Attending Religious Instruction in any educational institution

Cultural and Educational Rights (Articles 29–30):

Article 29: Protection of Interests of Minorities

• Ensures the rights of minorities to preserve and promote their language, script, and culture.
• Prohibits discrimination against any citizen for admission into educational institutions funded by the state.

Article 30: Right of Minorities to Establish and Administer Educational Institutions

Right to Constitutional Remedies (Articles 32):

Article 32: The right to move the Supreme Court for the enforcement of the Fundamental Rights is guaranteed.

It provides legal remedies for the protection of other fundamental rights. When any of the fundamental rights are violated, one can seek justice through the courts. One can directly approach the Supreme Court under Article 32 (original jurisdiction of the Supreme Court), which empowers the courts to enforce Fundamental Rights through various writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

• Habeas Corpus: It was commonly utilized to mandate the release of individuals who were wrongly detained. The court would then order the police to bring the person to court and explain why they were detained.
• Mandamus: To order a public authority/public official to perform their duty
• Quo Warranto: To order someone to leave a position they are incorrectly supposed to be in.  Questions the legality of a person holding a public office. (By What Authority)
• Prohibition: Preventing a lower court from exceeding its jurisdiction
• Certiorari: Transfers a case from a lower court to a higher court for review.

Article 33: Power of Parliament to Modify Rights for Armed Forces (Members of the armed forces, police forces, and other security agencies may experience restricted rights to maintain discipline and uphold national security)

Article 34: Restriction on Rights During Martial Law 

Martial Law provisions allow the suspension of Fundamental Rights in areas facing severe unrest or rebellion, enabling the government to restore order effectively.

Article 35: This provision states that Parliament has the power to make laws regarding certain matters specified in Article 16 (3), Article 32 (3), Article 33, and Article 34.

Important Points about Fundamental Rights:

• Fundamental rights in the Indian Constitution are the needed human rights that apply to all citizens, regardless of factors like race, religion, or gender.
• Fundamental Rights are legally binding rights aimed at safeguarding individual interests.
• Fundamental rights are justiciable, meaning they can be enforced through the courts. Individuals have the right to directly approach the Supreme Court if their fundamental rights are violated.
• To make any changes to the fundamental rights in India, a constitutional amendment is required. This amendment must pass through both Houses of Parliament and receive approval by a special majority (2/3rd).
• During a national emergency, the fundamental rights of the Indian Constitution can be suspended, with the exception of the rights guaranteed under Articles 20 and 21.
• Apply to All Persons, with Certain Rights Reserved for Citizens: Most rights apply universally to all, but certain rights, like those under Articles 15, 16, 19, 29, and 30, are specifically reserved for Indian citizens.
• In the past, the Supreme Court’s stance on this matter has evolved. In the Sajjan Singh Case of 1965, the Court ruled that Parliament could amend any part of the Constitution, including fundamental rights.
• However, in 1967, the Court reversed its position in the Golaknath case, stating that fundamental rights cannot be amended.
• In 1973, the Keshavananda Bharati Case, the Supreme Court clarified that while Parliament could amend any part of the Constitution, including fundamental rights, it could not abrogate the “basic structure of the Constitution” through a constitutional amendment.
• The “basic structure” doctrine empowers the judiciary to strike down any amendment enacted by Parliament that contradicts the fundamental tenets of the Constitution.
• In 1981, the Supreme Court reaffirmed the Basic Structure doctrine and specified that it should not be applied retrospectively to challenge the validity of amendments made before April 24th, 1973, the date of the Keshavananda Bharati judgment.
• While the Parliament can amend fundamental rights through a constitutional amendment, these amendments must not alter the basic structure of the Constitution.
• Right to Constitutional Remedies (Article 32) is called Heart and Soul of the Constitution by Dr. B.R. Ambedkar.
• Sarvepalli Radhakrishna said Fundamental rights is a pledge to our people and a pact with the civilized world.

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