The Constitution, Human
22
Rights and Law
3) Third Schedule: n the third Schedule, various oaths or affirmations are stad
4) Fourth Schedule: The allocation of seats in the Council of States is outlined
in the fourth Schedule.
5) Fifth Schedule: The fifth schedule contains provisions related to
administration and control of Scheduled Tribes and Scheduled Areas. In P
Dof the Schedule, there is also a section devoted to the Schedule',
amendment.
6) Sixth Schedule: The sixth Schedule covers the provisions regarding the
Administration of Tribal Areas in the states of Assam, Meghalaya, Tripura.
and Mizoram.
7) Seventh Schedule: In schedule seventh,The List I(The Union List), List I
(The State List) and List III (The Concurrent List) are defined.
8) Eight Schedule: There are 22 languages included in this schedule that have
been selected as official languages in India.
9) Ninth Schedule: The ninth Schedule covers the validityof specific Acts and
Regulations.
10) Tenth Schedule: The tenth Schedule contains provisions regarding
disqualification for defection for Members of Parliament and Members of
State Legislatures.
11)Eleventh Schedule: The duties, responsibilities, and powers of Panchayats
are covered in this Schedule.
12) Twelfth Schedule: This Schedule defines the duties, rights, and
responsibilities of Municipalities.
The above explanation of the Constitution makes it abundantly clear that its
creators wanted it to be a body of law that would convert India into a dynamic
democracy in its purest sense.
1.3. FUNDAMENTAL RIGHTS OF A CITIZEN
1.3.1. Meaning and Definition of FundamentalRights
Those necessary conditions of social life in the absence of which an individual
cannot generally shows his best version are defined as rights. These conditions
are necessary for both the individual and society. People can develop their
personalities and provide their best services to the society only when they are
able to exercise rights. Inother words, claims acknowledged by every civilized
society as necessary claims for the development of an individual and thus, are
enforced by the state is defined as the rights. It is an entitlement or reasonable
claim to a specific type of favourable or unfavourable treatment from others, as
well as support or non-interference from others. In other words, a right is
something that every member of a community is ethically entitled to, and for
which the community has the right to disregard or forcefully remove everything
that stands in the way of even a single individual obtaining it.
According to Laski, "Rights are those conditions of social life without which no
man can seek in general, to be himself at his best."
Introduction to Constitution (Unit 1) 23
According to T.H. Green, "Rights are powers necessary for the fulfilment of
man's vOcation as a moral being."
According to BeniPrasad, "Rights are nothing more nor less than those social
conditions which are necessary or favourable to the development of personality"
1.3.2. Classification/ Types of Rights
Following are the types of rights:
1) Natural Rights: Several academics have shown strong belief in natural
rights. They believe that persons are endowed with a number of natural
rights. They used to live in a condition of nature before coming to dwell in
society and state. They had some natural rights, such as the right to life,
liberty, and property, while they were there. Natural rights are an integral
aspect of human nature and logic.
Several other experts, on the other hand, believe that the idea of natural rights
is fictitious. Rights are the result of social interaction. Only in a society can
these be employed. Rights are protected by the state because they are
recognised by society as shared demands for progress.
2) Moral Rights: Rights that are based on consciousness of humans are moral
rights. They have the moral power of the human intellect behind them. These
are founded on a human sense of justice and kindness. These are not backed
up by any legal authority. Moral rights are sanctioned by a sense of virtue
and public opinion.
No legal action may be taken against someone who violates a moral right.
These rights are not enforced by the government. These rights are not
recognised by its courts. Rules of good conduct, civility, and moral
behaviour are included in moral rights. These represent the people's moral
excellence as wellas their legal rights.
3) Legal Rights: These are the rights that are recognised and protected by the
government. Any infringement of a legal right is punishable by law. The
state's law courts uphold legal rights. These rights can be used to hold people
accountable as well as the government. Legal rights vary from moral rights in
this sense. All citizens have equal access to legal rights. Without exception,
allcitizens have equal legal rights. They have the option of going to court to
have their legalrights enforced. These rights can be categorised into:
i) Civil/Social Rights: These are the rights that allow each individual to
live a civilised social life. Civil rights meet the most fundamental needs
of human life in society and are protected by the state. Civil rights
include the right to life, liberty, and equality.
ii) Political Rights: These refer to the rights that citizens have to participate
in the political process. They are able to participate actively in the
political process as a result of these. These rights include the right to
vote, the right to run for office, the right to criticise and oppose the
government, and the right to criticise and oppose the government.
People's political rights are truly available in a democratic state.
The Constitution, Human
Rights und Law
ui) Fundamental Rights: Tlhe Constitution of lndia includes the lis
Fundamental Rights that are protected by the authorities of executive
legislation. Individual Fundamental Rights are addressed in Part
(Articles 12-35). The Constituent Assembly led by the Sarda
Vallabhbhai Patel finalised these rights.
Individual claims that are recognised by society and enforced by the state ar
known as fundamental rights. These are basic and necessary rights in
person's life. It assures that everycitizen's physical, mental, and moral groh
is maximised. These rights provide a sense of security for the country'
minonties. They lay the groundwork for democratic legitimacy in the majonty
rule. It establishes behaviour, citizenship, justice, and fair play
They act as a
requirements.
check on govermment power. Fundamental Rightsare
our society because of various social, religious, economic, and politicalcucial in
issues.
1.3.3. Fundamental Rights Enshrined in Article 14 to 32
The Indian Constitution incorporates six
fundamental rights alongwith the
constitutional articles related to them. These rights are as follows:
1) Right to Equality (Article 14-18): According to this
are equal before the law. That is both men and right, all the individuals
their caste and religion. For example, the extent women are equal irrespective of
Women is same to that of the Muslim men in case of of punishment for Brahmin
violation of law.
2) Right to Freedom (Article 19-22): The
allowed to ensure the government and policies right to freedom means people are
individuals can live in the way they want and do of the country. That it, all
some restrictions. In other words, all whatever they like, but with
higher authorities like government. individuals can live without fear of
3) Right against Exploitation (Article
being exploited is the same as being23-14): It is important to realise that
mistreated. We frequently see that
children and the underprivileged are particularly
This is one of the most essential vulnerable to exploitation.
fundamental
children's education and equal compensation for equalrights, as it guarantees
4) Right to Freedom of Religion
effort.
(Article 25-28): All the individuals within
the country are allowed to choose their own
follow the dictates of their religion. Duringreligion. Everyone is free to
Christians fast during Lent, and Hindus fast during Ramadan, Muslims fast,
individuals are allowed to practice their own religious Navaratri. All the
discrimination and no one is allowed to disrespect the religion belief without any
5) Culturaland Educational Rights of others.
(Article 29-30): The primary goal of this
statute is to safeguard minorities. There
that are litte in number. They typically are several categories of individuals
reside rural regions or have been
marginalised by traditional culture. Certain castesin and
forests, far from established metropolitan cities and tribes who dwell in the
Even a subset of the population known as towns, can be included.
religious communities such as the Parsis, are Dalits, as well as minority
these persons have a basic entitlement to allconsidered minorities. All of
of the advantages that the
majority of Americans take for granted.
Introduction to Constitution (Unit 1) 25
6) Right to Constitutional Remedies (Article 32-35): The right to
Constitutional Remedies is critical for the people's and countries legal
growth. All people have the same right to seek justice in a court of law. If
they believe they are in danger of losing their lives or property, they should
join the government to bring about this change.
1.3.4. Significance of Fundamental Rights
Following points highlight the significance of fundamental rights in the Indian
constitution:
1) Democratic Framework: Fundamental rights are essential in a democratic setup,
allowing citizens to participate in political and administrative processes freely.
2) Safeguards Personal Freedom: They serve as safeguards against state
authoritarianism, ensuring that individuals enjoy personal freedom and liberties.
3) Upholds Rule of Law: Fundamental rights uphold the rule of law, ensuring
that laws are fair and just, and applied equally to all citizens.
4) Basis for Social Justice: They establish the foundation for social justice by
ensuring equal opportunities and treatment, regardless of caste, religion,
gender, etc.
5) Protects Minorities and Vulnerable Groups: Fundamental rights protect
the interests of minorities and vulnerable groups, thereby promoting
inclusivity and societal harmony.
6) Reinforces Secularism: By safeguarding religious freedom and promoting
equality among religions, fundamental rights reinforce India's secular nature.
1.3.5. Limitations of Fundamental Rights
There are reasonable restrictions subjected to the fundamental rights enumerated in
the constitution. This means they are not abso]ute and can be influenced by
considerations such as national security, public order, and international relations.
These rights entail specificlimitations and constraints, which are outlined as follows:
1) Social And Economic Rights Are Not Included: Some crucial social and
economic rights essential for individuals to live a dignified life are not
encompassed within India's fundamental rights. Rights such as social security,
labour rights, and the right to employment are not classified as fundamental
rights in the Indian Constitution. In contrast, countries like China include these
rights within their legal framework, aiming to ensure broader protections and
promote socio-economic welfare through constitutional guarantees.
2) Lack of Clarity: Experts have pointed out that the Indian Constitution is
unclear on a few terminology and phrases that are used to identify the many
essential rights. The lack of clear definitions for these terms in the
constitution may cause uncertainty or confusion regarding the precise nature
and application of these rights.
3) Subject to Changes or Abolishment: The power to amend, limit or revoke
any fundamental rights has been given to the Indian government. Thus, many
concerns are criticisms arise due to fears that such actions could be
politically motivated and supported by a majority in Parliament.
26 The Constitution, Human Rights and Law
4) Suspension during Emergencies: During
a national emergency,
be
fundamental rights, except those under Articles 20 and 21, can suspended.
Citizens may lose their fundamental rights when a national emergency
is
declared.
preventive detention, allowing the
5) Preventive Detention: The concept of
on fundamental rights, is widely
state to impose reasonable restrictions
criticised in various forums. This practice
is seen as problematic because it
granting discretionary
rights by
diminishes the importance of fundamental
power to the state. experience
Expensive Judicial Process: Regular individuals often lack the
6) judicial procedures required to enforce
resources to navigate the
or financial law. The judicial process can be
costly,
their fundamental rights under the
intricate and occasionally inaccessible
to ordinary people.
fundamental rights to members
of the armed
Laws: The
7) Restriction of
police forces, and intelligence agencies can be
forces, paramilitary forces, Parliament.
limitedby the authority of the
IZENS