Fundamental Rights in the Indian Constitution

Introduction

The Constitution of India is the supreme law of the land, and one of its most important features is the inclusion of Fundamental Rights. These
rights are enshrined in Part III of the Constitution, from Articles 12 to 35. They are considered essential for the overall development of individuals
and for safeguarding human dignity, equality, and freedom. The framers of our Constitution were deeply inspired by the concept of fundamental
rights in other democratic countries, especially the United States. They believed that the inclusion of such rights would help in establishing a just
and egalitarian society in India.Fundamental Rights act as a guarantee that all Indian citizens can live their lives with dignity and freedom. They
ensure that the government does not misuse its power and provides a legal basis for individuals to approach the courts if their rights are violated.
These rights promote the idea of political democracy and are justiciable, which means they are enforceable by the courts of law.

Nature of Fundamental Rights

1.​ Justiciable: Citizens can approach the courts if their rights are violated.
2.​ Not Absolute: These rights are subject to reasonable restrictions to maintain law and order, morality, and the sovereignty and integrity
of India.
3.​ Available against the State: Most Fundamental Rights are enforceable against the actions of the State. However, some rights are
also enforceable against private individuals.
4.​ Can be amended: Fundamental Rights can be amended by the Parliament, but they should not violate the basic structure of the
Constitution.
5.​ Suspension during Emergency: During a national emergency, the Fundamental Rights under Articles 14 to 19 can be suspended.
6.​ Universal in nature: These rights are available to all citizens without any discrimination.
1.​ Right to Equality (Articles 14 to 18)​
This right ensures that every individual is treated equally before the law and enjoys equal protection of the laws.
○​ Article 14 – Equality before Law and Equal Protection of Laws: This means that the State shall not deny any person
equality before the law or the equal protection of the laws within the territory of India. It is a cornerstone of Indian democracy
and ensures that everyone is subject to the same laws, regardless of their status.
○​ Article 15 – Prohibition of Discrimination: It prohibits discrimination on grounds only of religion, race, caste, sex, or place
of birth. However, it allows the State to make special provisions for women, children, and socially and educationally
backward classes, including Scheduled Castes (SCs) and Scheduled Tribes (STs).
○​ Article 16 – Equality of Opportunity in Public Employment: It ensures equal opportunities for all citizens in matters
relating to employment or appointment to any office under the State. It also allows the State to provide reservations for
certain sections of society.
○​ Article 17 – Abolition of Untouchability: This article declares that untouchability is abolished and its practice in any form is
forbidden. It makes the enforcement of any disability arising out of untouchability a punishable offence.
○​ Article 18 – Abolition of Titles: It prohibits the State from conferring any titles, except military or academic distinctions. It
also prevents Indian citizens from accepting titles from foreign states.
2.​ Right to Freedom (Articles 19 to 22)​
This right is essential for the development of individuals and allows them to express themselves freely, move freely, and live with
dignity.
○​ Article 19 – Protection of Certain Rights Regarding Freedom: It provides six basic freedoms:
■​ Freedom of speech and expression – Citizens have the right to express their views through spoken words,
writing, printing, pictures, or any other manner. However, this freedom is subject to reasonable restrictions in the
interest of public order, decency, morality, etc.
■​ Freedom to assemble peacefully without arms – Citizens can hold meetings and demonstrations, but these
should be peaceful and unarmed.
■​ Freedom to form associations or unions – Citizens can form groups, clubs, trade unions, political parties, etc.
■​ Freedom to move freely throughout India – Citizens can travel or shift to any part of the country.
■​ Freedom to reside and settle in any part of India – People can live anywhere they wish within India.
■​ Freedom to practice any profession or to carry on any occupation, trade, or business – Citizens have the
right to choose any profession or start a business, subject to reasonable restrictions.
○​ Article 20 – Protection in Respect of Conviction for Offences: This article provides protection against arbitrary and
excessive punishment. It includes:
■​ No ex post facto law – No one can be punished for an act that was not an offence at the time it was committed.
■​ No double jeopardy – No person shall be prosecuted and punished for the same offence more than once.
■​ No self-incrimination – An accused cannot be compelled to be a witness against himself.
○​ Article 21 – Protection of Life and Personal Liberty: It states that no person shall be deprived of life or personal liberty
except according to the procedure established by law. The Supreme Court has expanded its scope to include the right to live
with dignity, right to livelihood, right to shelter, right to privacy, and more.
○​ Article 21A – Right to Education: It provides free and compulsory education to all children aged 6 to 14 years. This was
added by the 86th Constitutional Amendment Act in 2002.
○​ Article 22 – Protection Against Arrest and Detention in Certain Cases: It guarantees the rights of individuals who are
arrested, including:
■​ Right to be informed of the grounds of arrest
 ■​ Right to consult and be defended by a legal practitioner
■​ Right to be produced before a magistrate within 24 hours
■​ Protection against preventive detention beyond a certain period without advisory board approval
3.​ Right against Exploitation (Articles 23 to 24)​
This right protects individuals from any form of forced labor or exploitation.
○​ Article 23 – Prohibition of Traffic in Human Beings and Forced Labour: It forbids practices like human trafficking, begar
(forced or unpaid labor), and other similar forms of exploitation. Violation of this right is a punishable offence.
○​ Article 24 – Prohibition of Employment of Children in Factories: It prohibits the employment of children below the age of
14 years in hazardous occupations like factories, mines, or any other dangerous work.
4.​ Right to Freedom of Religion (Articles 25 to 28)​
India is a secular country, and this right guarantees freedom of religion to all individuals.
○​ Article 25 – Freedom of Conscience and Free Profession, Practice, and Propagation of Religion: All persons are
equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public
order, morality, and health.
○​ Article 26 – Freedom to Manage Religious Affairs: Every religious denomination has the right to manage its own affairs,
own and acquire property, and administer it according to law.
○​ Article 27 – Freedom from Taxation for Promotion of Religion: No person shall be compelled to pay any taxes for the
promotion or maintenance of any particular religion.
○​ Article 28 – Freedom from Attending Religious Instruction: No religious instruction shall be provided in any educational
institution wholly maintained out of State funds.
5.​ Cultural and Educational Rights (Articles 29 to 30)​
These rights protect the culture, language, and education of minorities.
○​ Article 29 – Protection of Interests of Minorities: Any section of the citizens having a distinct language, script, or culture
of its own has the right to conserve it. Also, no citizen shall be denied admission into any educational institution maintained
by the State on grounds of religion, race, caste, or language.
○​ Article 30 – Right of Minorities to Establish and Administer Educational Institutions: Religious and linguistic minorities
have the right to establish and manage their own educational institutions. The State cannot discriminate against such
institutions in granting aid.
6.​ Right to Constitutional Remedies (Article 32)​
This is a unique and powerful right that ensures the enforcement of other Fundamental Rights.
○​ Described by Dr. B.R. Ambedkar as the "heart and soul of the Constitution," Article 32 allows individuals to directly approach
the Supreme Court if their Fundamental Rights are violated.
○​ The Supreme Court can issue writs such as:
■​ Habeas Corpus – To produce a person who has been detained unlawfully.
■​ Mandamus – To direct a public authority to perform its duty.
■​ Prohibition – To prohibit a lower court from exceeding its jurisdiction.
■​ Certiorari – To quash the order of a lower court or tribunal.
■​ Quo Warranto – To question the authority of a person holding a public office.

Conclusion

Fundamental Rights are an essential part of the Indian Constitution. They reflect the core values of democracy, such as equality, freedom, and
justice. These rights are not only important for the development of individuals but also for the proper functioning of a democratic society. Although
they are not absolute and come with reasonable restrictions, their main purpose is to ensure a life of dignity and respect for all citizens.

The inclusion of Fundamental Rights has empowered Indian citizens to stand up against injustice and has provided a legal framework to protect
individual liberties. It is the duty of every citizen to respect the rights of others while enjoying their own. Fundamental Rights, thus, form the
foundation of India's democratic system and play a key role in maintaining harmony, peace, and the rule of law in the country.