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Overview of Fundamental Rights in India

The document discusses the Fundamental Rights enshrined in the Constitution of India. Originally, there were seven Fundamental Rights but now there are six. The rights include the right to equality, freedom of speech, freedom of religion, and cultural and educational rights for minorities. Some rights apply to all persons while others only apply to citizens. Fundamental Rights can be restricted during a state of emergency.
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100% found this document useful (1 vote)
364 views4 pages

Overview of Fundamental Rights in India

The document discusses the Fundamental Rights enshrined in the Constitution of India. Originally, there were seven Fundamental Rights but now there are six. The rights include the right to equality, freedom of speech, freedom of religion, and cultural and educational rights for minorities. Some rights apply to all persons while others only apply to citizens. Fundamental Rights can be restricted during a state of emergency.
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  • Fundamental Rights Introduction
  • Individual Rights Details

FUNDAMENTAL RIGHTS

​ undamental Rights 
F
The Fundamental Rights are enshrined in Part III of the Constitution from 
Articles 12 to 35. In this regard, the framers of the Constitution derived 
inspiration from the Constitution of USA 
 
The Fundamental Rights are guaranteed by the Constitution to all persons 
without any discrimination.  
 
​Originally, the Constitution provided for seven Fundamental Rights viz, 

1. Right to equality (Articles 14–18) 


2. Right to freedom (Articles 19–22) 
3. Right against exploitation (Articles 23–24) 
4. Right to freedom of religion (Articles 25–28) 
5. Cultural and educational rights (Articles 29–30) 
6. Right to property (Article 31) 
7. Right to constitutional remedies (Article 32) 

However, the right to property was deleted from the list of Fundamental Rights by 
the 44th Amendment Act, 1978. It is made a legal right under Article 300-A in Part 
XII of the Constitution. So at present, there are only six Fundamental Rights 
 
​FEATURES OF FUNDAMENTAL RIGHTS

1. Some of them are available only to the citizens while others are 
available to all persons whether citizens, foreigners or legal persons 
like corporations or companies 
2. They are not absolute . The state can impose reasonable restrictions 
on them 
3. They are justiciable, allowing persons to move the courts for their 
enforcement, if and when they are violated. 
4. They are defended and guaranteed by the Supreme Court. Hence, 
the aggrieved person can directly go to the Supreme Court . 

5. They are not permanent. The Parliament can curtail or repeal them 
but only by a constitutional amendment act 

6. They can be suspended during the operation of a National 


Emergency except the rights guaranteed by Articles 20 and 21 . 
Further, the six rights guaranteed by Article 19 can be suspended only 
when emergency is declared on the grounds of war or external 
aggression (i.e., external emergency) and not on the ground of armed 
rebellion (i.e., internal emergency) 

7.​Their application can be restricted while martial law is in force in 


any area. Martial law means ‘military rule’ imposed under abnormal 
circumstances to restore order (Article 34) 

8. Their application to the members of armed forces, para-military 


forces, police forces ( ARTICLE 33 ) 

​Right to equality (Articles 14–18 ) 

a. Equality before law and equal protection of laws (Article 14). 


b. Prohibition of discrimination on grounds of religion, race, caste, sex or place of 
birth (Article 15). 
c. Equality of opportunity in matters of public employment (Article 16). 
d. Abolition of untouchability and prohibition of its practice (Article 17). 
e. Abolition of titles except military and academic (Article 18) 

RIGHT TO FREEDOM ( 19-22 )  

a. ​Protection of six rights regarding freedom of: (i) speech and expression, (ii) 
assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession 
(Article 19). 
b. Protection in respect of conviction for offences (Article 20) 
c. Protection of life and personal liberty (Article 21). 
d. Right to education (Article 21A). 
e. Protection against arrest and detention in certain cases (Article 22) 

​Right against exploitation (Articles 23–24) 

a. Prohibition of traffic in human beings and forced labour (Article 23). 


a. Prohibition of employment of children in factories, etc. (Article 24) 

​Right to freedom of religion (Article 25–28 ) 

a. Freedom of conscience and free profession, practice and propagation of 


religion (Article 25). 
b. Freedom to manage religious affairs (Article 26). 
c. Freedom from payment of taxes for promotion of any religion (Article 27). 
d. Freedom from attending religious instruction or worship in certain educational 
institutions (Article 28). 

​Cultural and educational rights (Articles 29–30) 

a. Protection of language, script and culture of minorities (Article 29). 


b. Right of minorities to establish and administer educational institutions 
(Article 30). 

​Right to constitutional remedies (Article 32) 

Right to move the Supreme Court for the enforcement of fundamental 


rights including the writs of (i) habeas corpus, 
(ii) mandamus, (iii)prohibition, (iv) certiorari, and (v) quo war-rento 
(Article 32). 

Common questions

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Article 32 is significant as it provides the right to individuals to move the Supreme Court directly for the enforcement of Fundamental Rights . This article grants the Supreme Court the power to issue writs, including habeas corpus, mandamus, prohibition, certiorari, and quo warranto, to enforce Fundamental Rights . It acts as a constitutional guarantor, ensuring citizens' rights are protected against violations. Dr. B.R. Ambedkar termed Article 32 as the 'heart and soul of the Constitution' due to its pivotal role in safeguarding individual freedoms and maintaining the rule of law .

Fundamental Rights, enshrined in the Indian Constitution, are justiciable and guaranteed against state actions, allowing individuals to directly approach the Supreme Court for enforcement . They are defended by the Supreme Court and can only be altered through a formal constitutional amendment process . In contrast, statutory rights are created through legislation and can be modified or repealed by ordinary legislative processes. Additionally, Fundamental Rights have inherent safeguards against arbitrary state action, making them more robust compared to statutory rights . These distinctions highlight the elevated legal status and protection afforded to Fundamental Rights.

Fundamental Rights are not absolute and can be restricted under certain conditions. The state can impose reasonable restrictions on them . Additionally, rights can be suspended during a National Emergency, except for Articles 20 and 21 . The rights under Article 19 can be suspended specifically during a national emergency declared on grounds of war or external aggression . Moreover, while martial law is in force, their application can be restricted, and the Parliament can curtail or repeal rights through a constitutional amendment . These provisions ensure that while rights are fundamental, they are balanced with the needs of national security and public order.

The state can impose 'reasonable restrictions' on the Right to Freedom under Article 19 on grounds such as national security, public order, decency, morality, and the sovereignty and integrity of the country . These restrictions ensure that exercise of freedom does not threaten the rights of others or interfere with the functioning of democracy. The restrictions must align with the principles enshrined in the Constitution and pass the test of reasonableness, ensuring a balance between individual liberties and broader societal interests.

The 'Cultural and Educational Rights' (Articles 29–30) play a crucial role in safeguarding minority interests by protecting their language, script, and cultural practices . Article 29 ensures the protection of the interests of minorities, allowing them to preserve their culture and identity. Article 30 gives minorities the right to establish and administer educational institutions of their choice, promoting educational access and diversity . These rights are vital for fostering inclusivity and pluralism in a diverse society, ensuring that minority communities can thrive without fear of cultural assimilation or discrimination.

Martial law impacts the application of Fundamental Rights by restricting their application during periods of military rule imposed under abnormal conditions to restore order . Article 34 of the Constitution allows for the restriction of these rights in areas where martial law is in force. The legal framework for martial law is not explicitly detailed in the Constitution but arises from the need for military intervention to restore peace and protect national security. It reflects the balance between individual rights and the necessity of maintaining public order during crises.

The application of Fundamental Rights to members of the armed forces is conditioned by Article 33, which allows Parliament to modify the rights applicable to the armed forces, para-military forces, police forces, intelligence agencies, and similar services . These modifications are meant to maintain discipline and ensure proper discharge of duties within these forces. Such restrictions ensure that the essential function and security role played by these forces are not compromised while balancing individual rights with collective security and operational requirements.

The 'Right to Equality' (Articles 14–18) primarily focuses on eliminating discrimination and providing equal opportunities to all individuals. It includes principles such as equality before the law, prohibition of discrimination, equality of opportunity in public employment, abolition of untouchability, and the abolition of titles . On the other hand, the 'Right to Freedom' (Articles 19–22) encompasses a broader range of personal freedoms, such as freedom of speech and expression, assembly, association, movement, residence, and profession. It also includes protection in respect of conviction for offenses, protection of life and personal liberty, right to education, and protection against arrest and detention in certain cases . While the Right to Equality ensures a level playing field by removing discriminatory practices, the Right to Freedom guarantees liberties fundamental to personal autonomy and expression.

The Right to Property was initially a Fundamental Right under Article 31 but was removed by the 44th Amendment Act in 1978 . Post-amendment, it became a legal right under Article 300-A, located in Part XII of the Constitution . This change means that while the Right to Property is still legally recognized, it no longer has the same constitutional protection as Fundamental Rights, which are more difficult to modify or abolish. While individuals can still seek legal remedy for property-related issues, such cases cannot be directly taken to the Supreme Court as a Fundamental Right violation .

The 'Right against Exploitation' (Articles 23–24) directly confronts social injustices such as human trafficking and forced labor, which are significant societal issues . Article 23 prohibits trafficking in human beings and forced labor, addressing issues of economic exploitation. Article 24 prohibits the employment of children in factories and hazardous conditions, protecting children from exploitation and abuse . These provisions are crucial in promoting social justice by safeguarding marginalized groups and ensuring humane working conditions, thereby contributing to equality and dignity for all individuals in society.

​FUNDAMENTAL RIGHTS 
 
  ​Fundamental Rights 
The Fundamental Rights are enshrined in Part III of the Constitution from 
Ar
4.   They are defended and guaranteed by the Supreme Court. Hence, 
the aggrieved person can directly go to the Supreme Court
c. Protection of life and personal liberty (Article 21). 
d. Right to education (Article 21A). 
e. Protection against arrest

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