FUNDAMENTAL RIGHTS
Fundamental Rights are those Rights which are mentioned under Part III of the Indian
Constitution. There are certain Rights which are mentioned in the Constitution, but not under
Fundamental Rights. Such Rights are called Constitutional Rights. (E.g. Right to Vote) There
are certain Rights which are available to citizens through laws passed by Legislatures (Centre
or State). Such Rights are called Statutory Rights. (E.g. Right to Information) The aim of
Fundamental Rights is that certain elementary rights such as right to life, liberty, freedom of
speech and freedom of faith and so on should be regarded as inviolable under all circumstances
and that the shifting majority in legislatures of the country should not have a free hand in
interfering with fundamental rights. Fundamental right is called the Magna Carta of India.
Nature of Fundamental Rights
Most of the Rights are Negative Obligations on the State (E.g. Article 14), with certain
exceptions (E.g. Article 21A). Negative Obligations means that the State cannot do
something that hurts or curtails people’s rights.
Majority of Rights mentioned in Part III are enjoyed by citizens against the State.
These Rights are Justiciable.
Fundamental Rights are not absolute i.e. certain reasonable restrictions can be imposed
upon them.
Fundamental Rights can be suspended during emergency.
Fundamental Rights of people occupying sensitive positions (Armed Forces,
Intelligence Agencies etc.) can be restricted or even denied by Parliament by law.
Most of the Right is self-executor i.e. the parliament need not make laws to implement
these Rights. There are certain exceptions e.g. For Right to Education under Article
21A, a law was required by the parliament.
Some of these Rights are available to aliens (Foreigners).
Article 12 – Definition of State
Article 13 - Laws inconsistent with or in derogation of the fundamental rights.
1. Classification of Fundamental Rights
2. Right to Equality (Article 14 to 18)
3. Right to Freedom (Article 19 to 22)
4. Right against Exploitation (Article 23 to 24)
5. Right to Freedom of Religion (Article 25 to 28)
6. Cultural and Educational Right (Article 29 to 30)
7. Right to Constitutional Remedies (Article 32 to 35)
1. Right to Equality (14 to 18 Articles)
Article 14 Equality before Law
Article 14 represents the idea of equality, which states that the state shall not deny to any person
equality before the law or the equal protection of the laws within the territory of India. The
equality before the law is guaranteed to all without regard to race, color, or nationality.
Article 15 Non-discrimination on grounds of religion, race, caste, sex, or place of birth
Article 15 states that the state shall not discriminate against any citizen on grounds only of
religion, caste, sex, place of birth, or any of them and would not be subject to any disability,
liability, restriction, or condition. Nothing in this article shall prevent the state from making
any special provisions for women and children. Nothing in this article or in sub-clause (G) of
clause (1) of Article 19 shall prevent the state from making any special provision by law, for
the advancement of any socially and educationally backward classes of citizens or for the
Scheduled Castes or Scheduled Tribes.
(Article 16): Equality of opportunity in public employment
Article 16 states that no citizen shall on grounds only of religion, race, caste, sex, descent, place
of birth, residence, or any of them, be ineligible for or discriminated against in respect of any
employment or office under the state.
(Article 17): Abolition of untouchability
Article 17 abolishes Untouchability and forbids its practice in any form. Untouchability refers
to a social practice that looks down upon certain oppressed classes solely on account of their
birth and makes any discrimination against them on this ground.
(Article 18): Abolition of Titles
Article 18 abolishes all titles and prohibits the state to confer titles on anybody whether a citizen
or a non-citizen. However, military and academic distinctions are exempted from the
prohibition.
2. Right to Freedom (Articles to 19 to 22)
(Article 19): Right to Freedom
The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms:
I. Freedom of Speech and Expression.
II. Freedom of Assembly.
III. Freedom to form associations.
IV. Freedom of Movement.
V. Freedom to reside and to settle.
VI. Freedom of profession, occupation, trade, or business.
Originally, Article 19 contained seven rights. But, the right to acquire, hold and dispose
of property was deleted by the 44th Amendment Act of 1978.
(Article 20): Protection in respect of Conviction for Offences Article 20 provides protection
against arbitrary and excessive punishment for any person who commits an offense. This article
has taken care to safeguard the rights of persons accused of crimes. Moreover, this article
cannot be suspended even during an emergency in operation under Article 359.
(Article 21): Protection of Life and Personal LibertyArticle 21 states no person shall be deprived of his life or personal liberty except according to
the procedure established by law. However, Article 21 puts a limit on the power of the State
given under Article 246, read with the legislative lists. Thus, Article 21 does not recognize the
Right to Life and Personal Liberty as an absolute right but limits the scope of the right itself.
(Article 22): Safeguards against Arbitrary Arrest and Detention
Firstly, Article 22 guarantees the right of every person who is arrested to be informed of the
cause of his arrest; secondly, his right to consult and to be defended by a lawyer of his choice.
Thirdly, every person arrested and detained in custody shall be produced before the nearest
Magistrate within a period of twenty-four hours and shall be kept in continued custody only
with his authority.
3. Right against Exploitation (Articles 23 to 24)
Article 23 prohibits traffic in human beings, women, children, beggars or other forced labor
militates against human dignity.
Article 24 prohibits employing children below the age of 14 years in any hazardous profession.
This right followed the human rights concepts and United Nations norms.
4. Right to Freedom of Religion (Articles 25 to 28)
Articles 25 and 26 embody the principles of religious tolerance and serve to emphasize the
secular nature of Indian democracy, i.e. equal respect to all religions. Article 25 offers freedom
of Conscience and Free Profession, Practice and Propagation of Religion.
Article 26 helps to manage religious affairs, which is subject to public order, morality and
health, every religious denomination or any section.
Article 27 provides freedom not to pay taxes for religious expenses on the promotion or
maintenance of any particular religion.
Article 28 prohibits religious instructions in educational institutions wholly maintained by the
state.
5. Cultural and Educational Right (Articles 29 to 30)
Article 29 provides protection of the interests of minorities. A minority community can
effectively conserve its language, script, or culture by and through an educational institution.
Article 30 states the rights of minorities whether based on religion or language to establish and
administer educational institutions.
guaranteed by Art.19 (f) and Art.31 of the Constitution. It is now only a Legal Right under
article 300-A, gives protection against executive action but not against legislative action.
6. Right to Constitutional Remedies (Articles 32 to 35)
Rights, in order to be meaningful, must be enforceable and backed by remedies in case of
violation. This article guarantees the right to move the Supreme Court by appropriate
proceedings for the enforcement of Fundamental Rights and deals with the Supreme Court’s
power to issue order or writs for the enforcement of Fundamental Rights. Empowers Parliament
to modify the application of Fundamental Rights to the armed forces or forces charged with
the maintenance of public order. On the other hand, Article 35 lies down that the power to
make laws to give effect to certain specified Fundamental Rights shall vest only with the
Parliament and not with State Legislatures. Therefore, Fundamental Rights play a significant
role because they are most essential for the attainment of the full intellectual, moral, and
spiritual status of an individual. Therefore, the objective behind the inclusion of Fundamental
Rights in the Constitution was to establish a government of Law to preserve individual liberty,
building an equitable society, and establish a welfare state.
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