1. Introduction to Fundamental Rights
- Fundamental Rights are a set of legal rights guaranteed to every citizen by the Indian Constitution.
- These rights are enshrined in Part III (Articles 12 to 35) of the Constitution.
- The purpose of these rights is to protect the liberties and freedoms of individuals from any arbitrary actions by the state.
2. Categories of Fundamental Rights
The Indian Constitution provides six fundamental rights, which are listed below:
i. Right to Equality (Articles 14-18)
- Article 14: Equality before Law – Every individual is equal before the law and has the right to equal protection of the laws.
- Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
- Article 16: Equality of opportunity in matters of public employment.
- Article 17: Abolition of Untouchability – Untouchability is abolished, and its practice is forbidden.
- Article 18: Abolition of Titles – No person shall be granted any title by the state, except for military or academic distinctions.
ii. Right to Freedom (Articles 19-22)
- Article 19: Right to Freedom of Speech and Expression, Assembly, Association, Movement, Residence, and Profession. This right is subject to reasonable restrictions.
- Article 20: Protection in respect of conviction for offences, including the protection against double jeopardy and self-incrimination.
- Article 21: Protection of life and personal liberty – No person shall be deprived of his life or personal liberty except according to procedure established by law.
- Article 22: Protection against arrest and detention in certain cases – Detention can only be made as per the laws laid out by the legislature, and the detained individual has a right to be informed about the reasons for arrest.
iii. Right against Exploitation (Articles 23-24)
- Article 23: Prohibition of human trafficking and forced labor.
- Article 24: Prohibition of child labor in factories, mines, and hazardous employment.
iv. Right to Freedom of Religion (Articles 25-28)
- Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
- Article 26: Freedom to manage religious affairs.
- Article 27: Freedom from paying taxes for promotion of a particular religion.
- Article 28: Freedom from religious instruction in certain educational institutions.
v. Cultural and Educational Rights (Articles 29-30)
- Article 29: Protection of interests of minorities – Any section of the citizens with a distinct language, script, or culture has the right to conserve it.
- Article 30: Right of minorities to establish and administer educational institutions of their choice.
vi. Right to Constitutional Remedies (Article 32)
- Article 32: The right to approach the Supreme Court of India for the enforcement of Fundamental Rights. This is often called the “heart and soul” of the Indian Constitution, as it provides judicial protection against the violation of Fundamental Rights.
3. Scope and Restrictions on Fundamental Rights
- Scope: Fundamental Rights apply to all citizens and, in some cases, to foreigners as well. For instance, Article 14 applies to all, but Article 15 applies only to Indian citizens.
- Restrictions: Fundamental Rights are not absolute. The Constitution allows the imposition of reasonable restrictions on the exercise of certain rights in the interests of national security, public order, morality, and other important state interests.
4. Non-Fundamental Rights (Directive Principles of State Policy)
- Directive Principles (Part IV) are guidelines to the state for governance. They are not legally enforceable but serve as principles for state policies. These principles are intended to establish social and economic democracy in the country.
5. Comparison with the Bill of Rights in Other Countries
- The Fundamental Rights in India are similar to the Bill of Rights in the United States Constitution, but with certain differences. For example, the US Bill of Rights does not provide for the protection of social and economic rights, while India’s Directive Principles of State Policy cover those aspects.
6. Role of Judiciary in Protecting Rights
- The Judiciary, especially the Supreme Court of India, plays a crucial role in protecting the Fundamental Rights of individuals. The Court interprets and ensures that these rights are upheld through its judicial review powers.
- The Judiciary has also expanded the scope of some Fundamental Rights through various landmark judgments, such as the Right to Privacy (Puttaswamy Case, 2017), which was read into Article 21.
7. Exceptions to Fundamental Rights
Certain provisions in the Constitution exclude the application of Fundamental Rights:
- Article 31C allows laws that seek to implement the Directive Principles of State Policy to override Fundamental Rights (under certain conditions).
- Article 33 allows the Parliament to restrict or abrogate Fundamental Rights of members of the armed forces, police, etc., when it comes to the maintenance of discipline in these services.
- Article 34 deals with the Suspension of Fundamental Rights during the operation of martial law.
8. Fundamental Rights vs. Human Rights
- Fundamental Rights refer to the specific rights guaranteed to the citizens of India under the Constitution, whereas Human Rights are universal and apply to all individuals irrespective of nationality, ethnicity, or other differences.
- Human Rights are enshrined in various international conventions such as the Universal Declaration of Human Rights (UDHR).
9. Amendments and Expansion of Fundamental Rights
- The Supreme Court of India has interpreted Fundamental Rights in an evolving manner. For instance, it has expanded Article 21 (Right to Life) to include the Right to Education, Right to Clean Environment, and Right to Health through judicial interpretations.
- Amendments, such as the 44th Amendment (1978), have also made significant changes to the scope and application of certain Fundamental Rights.
10. Conclusion
- Fundamental Rights are essential for the protection of individual liberty and equality in a democratic society.
- They form the backbone of the Constitution, ensuring that every citizen is guaranteed dignity, freedom, and justice.
- While they are fundamental and inalienable, they are subject to certain limitations to ensure the larger public good and the security of the state.
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