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Evolution of Fundamental Rights in India

The document discusses the evolution, objectives, and features of Fundamental Rights in India, highlighting their historical inspirations from sources like the U.S. Bill of Rights and the Universal Declaration of Human Rights. It outlines six Fundamental Rights, including the Right to Equality, Right to Freedom, and Right against Exploitation, emphasizing their role in ensuring individual dignity and promoting national unity. Key features include their justiciability, applicability to both citizens and foreigners, and the ability to be amended while being defended by the judiciary.

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16 views1 page

Evolution of Fundamental Rights in India

The document discusses the evolution, objectives, and features of Fundamental Rights in India, highlighting their historical inspirations from sources like the U.S. Bill of Rights and the Universal Declaration of Human Rights. It outlines six Fundamental Rights, including the Right to Equality, Right to Freedom, and Right against Exploitation, emphasizing their role in ensuring individual dignity and promoting national unity. Key features include their justiciability, applicability to both citizens and foreigners, and the ability to be amended while being defended by the judiciary.

Uploaded by

invisible1367
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Fundamental Rights – Evolution, Objectives & Features

Evolution Six Fundamental Rights


Historical Inspiration In Constituent (Post-44th Amendment)
United States Bill of Rights
Assembly
Right to Equality Right to Freedom Right against Exploitation
Seen as essential to protect
Universal Declaration of Human individual liberty and (Articles 14–18) (Articles 19–22) (Articles 23–24)
Rights (1948) establish Rule of Law Equality before law, prohibition Speech, movement, profession, Prohibits human trafficking
of discrimination, abolition of protection from arbitrary arrest and child labour
Irish Constitution Drafted by the Advisory untouchability, etc.
Committee on Fundamental
Indian nationalist demands Rights (Chairman: Sardar
since Nehru Report (1928) Patel)
Right to Freedom of Cultural and Educational Right to Constitutional
Religion (Articles 25–28) Rights (Articles 29–30) Remedies (Article 32)
Objectives of Protection of language, script, Enforcement of Fundamental
Freedom of conscience and
Fundamental Rights religion and culture of minorities Rights through writs

Ensure Dignity of Individual


Key Features
Promote Unity and Integrity of the
nation Feature Description
Justiciable Enforceable by courts under Article 32 & 226
Guarantee freedom, equality, and
justice Available to Citizens and Foreigners Some rights (e.g., Article 14, 21) available to all; others only to citizens
Negative and Positive in Nature Prevent State from doing certain acts; oblige State to take positive actions
Provide a framework for social Not Absolute Subject to reasonable restrictions
democracy
Can be suspended Except Article 20 and 21 during Emergency
Act as limitations on the power of Amendable Parliament can amend, but not to violate basic structure (Kesavananda Bharati case)
the State Defended by Judiciary Power of judicial review to uphold rights

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