Fundamental Rights:
The development of Fundamental Rights in India is heavily inspired by the United
States Bill of Rights. These rights are included in the constitution because they are
considered essential for the development of the personality of every individual and to
preserve human dignity. Fundamental Rights are included in Part-III of the Indian
constitution which is also known as the Magna Carta of the Indian Constitution. These
rights are called fundamental rights because they are justiciable allowing persons to
move the courts for their enforcement, if and when they are violated Some of the salient
features of Fundamental Rights include:
● They are protected and guaranteed by the constitution.
● They are NOT sacrosanct or absolute: in the sense that the parliament can
curtail them or put reasonable restrictions for a fixed period. However, the court
has the power to review the reasonability of the restrictions.
● They are justiciable: The constitution allows the person to move directly to the
Supreme Court for the reinforcement of his fundamental right as and when they
are violated or restricted.
● Suspension of Fundamental Rights: All Fundamental Rights are suspended
during National Emergencies except the rights guaranteed under Articles 20 and
21.
● Restriction of Fundamental Rights: Fundamental Rights can be restricted during
military rule in any particular area.
There were seven Fundamental Rights provided in 1950:
i) Right to Equality
ii) Right to Liberty
iii) Right against Exploitation
iv) Right to Freedom of Religion
v) Cultural and Educational Rights
vi) Right to Property and
vii) Right to Constitutional Remedies.
The Right to Property was repealed by the 44th Constitutional Amendment Act, 1978.
The Fundamental Rights of the Indian Constitution fall between articles 14 to 35. These
rights are discussed below:
1. Right to Equality (Articles 14-18):
Article 14: It states that the State cannot deny to any person equality before the law or
the equal protection of law within the territory of the Indian Union.
Article 15: The State cannot discriminate on grounds of religion, race, caste, sex,
descent, place of birth, residence, or on any other ground.
Article 16: According to this article, there is equality of opportunity in the matter of public
employment and prevent discrimination on grounds of religion, race, caste, sex, descent
place of birth, residence, or any other ground. Sub-clause (4) provides that nothing in
that article would prevent the State from making any law for the reservation of jobs for
the Backward Classes and Caste.
Article 17: This article provides for the abolition of the hateful practice of untouchability
and declares the practice of untouchability in any form as a crime.
Article 18: It provides the restrictions to accept any award or position or conditional
award from any foreign country.
2. Right to Liberty (Right to Freedom) (Articles 19 to22):
Article 19: It makes the provision for various kinds of freedoms for Indian citizens. They
are six basic freedoms namely:
i) Freedom of Speech and Expression.
ii) Freedom of Assembly peacefully and without arms.
iii) Freedom to form associations and unions.
iv) Freedom to move freely within the territory of India.
v) Freedom to reside and settle in any part of the territory of the Republic of India.
vi) Freedom to carry on any business, trade, or occupation within the territory of India.
The provision of the right to freedom is similar to the civil rights granted by most of the
democratic countries of Western Europe and North America. However, the Constitution
does not guarantee absolute individual rights. Indeed no state can or has guaranteed
absolute individual freedom. Therefore, this guarantee of each of the rights is
reasonably limited by the Constitution by empowering the state to impose reasonable
restrictions as may be necessary in the interest of social harmony, internal peace,
national security, and law and order.
Article 20: This provides a fair chance to the guilty to prove himself and accordingly be
punished if proven guilty, not more or less.
Article 21: Without the due process of law one cannot be deprived of his life or individual
freedom.
Article 21 A: As per the 86th Constitutional Amendment Act, 2002 this article was added
and it provided that State shall provide free and compulsory education to the children
between ages of 6-14 years.
Article 22: No person could be arrested without any crime and a warrant stating his
crime should be shown to him by the legal authority.
3. Right against Exploitation (Article 23-24):
Article 23: This article prohibits traffic in human beings and beggars (forced labor) or
bonded labor or servitude on any ground. Any act contrary to this provision would be an
offense punishable by law.
Article 24: This prohibits any child below 14 years of age to work (child labor) in any
factory or mine or at any other dangerous job.
4. Right to Freedom of Religion (Article 25-28):
Article25: This deals with freedom of conscience and makes provision for the practice
and propagation of one's religion.
Article 26: Provides the freedom to manage religious affairs and institutions by a
community.
Article 27: This says that no person shall be compelled to be a member of any religious
association or incur any penalty or religious tax on the ground of his caste, creed, or
religion.
Article 28: This prevents the imparting of religious instructions in any educational
institution which is wholly maintained out of State funds.
5. Cultural and Educational Rights (Article 29-30):
Article 29: This ensures that every community in India shall have the right to propagate
and preserve its language, script, literature, and culture. All religious and linguistic
minorities have been ensured a right to establish and administer their educational
institutions, maintain and manage them and receive state grants on an equal basis.
Similarly, no citizen can be denied admission into state-maintained or state-aided
educational institutions on the ground of religion, race, caste, or language.
Article 30: This provision highlights the importance which the framers of the Constitution
attached to the secular character of the state and the desirability of secularism
permeating different spheres of our national life. The article also ensures the minorities
of India that special safeguards have been provided to protect their interests and
culture.
6. Right to Constitutional Remedies (Article 32-35):
Article 32: The Constitution not only grants basic rights to the citizens of India but also
makes a provision for the protection and continued enjoyment of these rights. It consists
of the prerogative writs that the Superior Courts issue under their power to review to
establish the rule of law. These rights guarantee judicial protection to the Fundamental
Rights enumerated in Part III of the Constitution. Under this right, a citizen can file such
writs as below:
x) Habeas Corpus: The court orders the custodians of law to present a person in court if
he is unlawfully detained.
xi) Mandamus: It is an order issued by a superior court to compel a lower court or a
government officer to perform mandatory or purely ministerial duties correctly.
xii) Prohibition: Issued by a superior court to the lower court to prevent it from exceeding
its jurisdiction in cases pending before it or acting contrary to the rules of natural justice.
xiii) Certiorari: It is a type of writ seeking judicial review and other law, meaning an order
by a higher court directing a lower court, tribunal, or public authority to send the record
in a given case review.
xiv) Quo warranto: It is a prerogative writ requiring the person to whom it is directed to
show what authority they have for exercising some right or power they claim to hold.
Article 33: Empowers the Parliament to restrict or abrogate the fundamental rights of the
'Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies,
and analogous forces.
Article 34: Provides for the restrictions on fundamental rights while martial law (military
rule) is in force.
Article 35: Empowers the Parliament to make laws on Fundamental Rights.