Fundamental Rights in Indian Constitution

The Constitution of India, which came into force on January 26, 1950, is not just a legal document but a living text that protects the rights and freedoms of every citizen of the country. The Fundamental Rights, enshrined in Part III (Articles 12 to 35), are the foundation of democracy in India. These rights not only protect citizens from the arbitrary power of the state but also provide them with the opportunity to live a dignified life and fully develop their personality. They are called "fundamental" because they are guaranteed by the Constitution and any law or executive action that violates them can be struck down by the courts.

1. Right to Equality-Articles 14-18 

The right to equality is a cornerstone of Indian democracy, ensuring that no person is superior or inferior before the law.

Article 14: Equality before the law and equal protection of the laws

This article 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.

Equality before the law: This means that no person is above the law. All people, regardless of their status or position, are subject to the general law of the country and shall be treated equally. This is a concept of British origin.

Equal Protection of Laws: This means that persons in similar circumstances should be treated equally. It is borrowed from the US Constitution and aims to eliminate inequalities through affirmative action, such as reservations for certain groups.

Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex, or Place of Birth

This article prohibits the state from discriminating between citizens on these grounds. No citizen shall, on grounds only of these, be subject to any disability, obligation, restriction, or condition in respect of the use of public places such as shops, public eateries, hotels, and places of entertainment, or of wells, ponds, bathing ghats, roads, and public resorts. However, the state may make special provisions for children or women. Special provisions (such as reservations) for socially and educationally backward classes or Scheduled Castes/Tribes are also valid under this article.

Article 16: Equality of Opportunity in Matters of Public Employment

It ensures that there shall be equality of opportunity for all citizens in matters relating to employment or appointment to any post under the state. No citizen shall be disqualified or discriminated against on grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them. However, this article allows Parliament to make rules for employment based on residence under certain circumstances. Reservations for backward classes are also provided under this article to ensure equal opportunities for historically disadvantaged sections of society.

Article 17: Abolition of Untouchability

This is a very important article of the Indian Constitution that abolishes untouchability and prohibits its practice in any form. Enforcing any disability arising from untouchability is a crime punishable by law. This article was a revolutionary step towards establishing social equality.

Article 18: Abolition of Titles

This article prohibits the state from conferring any title, except for military or academic distinction. No Indian citizen shall accept any title from a foreign state. It promotes the principle of equality and ensures that individuals are recognized on the basis of their merit rather than their birth or status.

2. Right to Freedom - Articles 19-22

The right to freedom allows individuals to express their opinions, assemble, and pursue their livelihoods, which is essential for a vibrant democracy.

Article 19: Protection of Certain Rights

This article provides citizens with six types of freedoms:

Freedom of Speech and Expression: This is one of the most important freedoms, giving citizens the right to freely express their thoughts and beliefs through oral, written, printed, or any other medium. This also includes freedom of the press. However, this freedom is not absolute and reasonable restrictions can be imposed on it based on state security, public order, defamation, morality, etc.

Freedom to assemble peacefully and without arms: Citizens can assemble peacefully and without arms, such as for protests, meetings, or processions.

• Freedom to form associations or unions or co-operative societies: This allows individuals to form political parties, clubs, organizations, or co-operative societies.
• Freedom to move freely throughout the territory of India: Citizens can travel freely to any part of the country.
• Freedom to reside and settle in any part of the territory of India: Citizens are free to reside and settle in any part of the country.
• Freedom to practice any profession, or to carry on any occupation, trade, or business: This gives citizens the right to choose and carry on any lawful profession of their choice.

Article 20: Protection against conviction for crimes

This article protects individuals from arbitrary and excessive punishment. It includes three provisions:

• Protection from ex-post facto law: No person shall be punished for an act which was not an offence by law at the time of the commission of the offence.
• Protection from double jeopardy: No person shall be punished more than once for the same offence.
• Protection from self-incrimination: No person shall be compelled to be a witness against himself.

Article 21: Protection of Life and Personal Liberty

This is one of the most important and comprehensive articles of the Indian Constitution. It declares that "No person shall be deprived of his life or personal liberty except according to procedure established by law."

The Supreme Court has interpreted this concept of 'life' very broadly, encompassing not only physical existence but also the right to live with dignity. This includes:

• The right to live with human dignity.
• The right to a clean environment.
• The right to health.
• The right to shelter.
• Right to Privacy.
• Right to a Speedy Trial.
• Right to Legal Aid.
• Right to Education (which later became a separate Fundamental Right).

Article 21A: Right to Education

This was added by the 86th Constitutional Amendment Act, 2002. It declares that "the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine." This ensures that access to education is a fundamental right.

Article 22: Protection from Arrest and Detention

This article provides certain safeguards to a person arrested or detained:

• Right to be informed of the grounds for arrest.
• Right to consult and be defended by a lawyer of one's choice.
• Right to be produced before a Magistrate within 24 hours of arrest (excluding the time of travel).
• Right not to be detained for more than 24 hours without a Magistrate's order.

However, these safeguards do not apply to enemy aliens and individuals arrested under preventive detention laws. Preventive detention laws allow the state to detain a person without trial to prevent future crimes, but are subject to certain constitutional limitations and procedures.

3. Right Against Exploitation - Articles 23-24

This right protects individuals from exploitative practices such as forced labor and child labor.

Article 23: Prohibition of Human Trafficking and Forced Labor

It prohibits human trafficking (buying and selling of persons), forced labor (forced labor without pay), and other similar forms of forced labor. Any violation of these provisions is a crime punishable by law. This article applies not only to citizens but also to non-citizens. However, the state may impose compulsory service (such as military service) for public purposes.

Article 24: Prohibition of Employment of Children in Factories, Etc.

This article states that "No child below the age of fourteen years shall be employed in any factory or mine or engaged in any other hazardous employment." This article protects children's right to health and education and is an important step towards eliminating child labor.

4. Right to Freedom of Religion - Articles 25-28

India is a secular country, and this right guarantees every citizen the freedom to follow any religion of their choice.

Article 25: Freedom of Conscience and Right to Profess, Practice, and Propagate Religion

This guarantees every person the right to freedom of conscience and the equal right to freely profess, practice, and propagate their religion, subject to public order, morality, and health.

Profess: Publicly declaring one's religious beliefs.

Practice: Performing religious rituals, ceremonies, and forms of worship.

Propagate: Propagate or spread the tenets of one's religion to others. However, this does not include forced conversion.

Article 26: Freedom to Manage Religious Affairs

This grants every religious denomination or any section thereof the following rights, subject to public order, morality, and health:

• The right to establish and maintain institutions for religious and charitable purposes.
• The right to manage its own religious affairs.
• The right to own and acquire movable and immovable property.
• The right to administer such property in accordance with law.

Article 27: Freedom from Payment of Taxes for the Promotion of a Particular Religion

This article states that no person shall be compelled to pay any tax, the proceeds of which are used exclusively for the promotion or maintenance of any particular religion or religious denomination. This reflects the secular nature of the State.

Article 28: Freedom from Participation in Religious Instruction or Religious Worship in Certain Educational Institutions

This grants freedom regarding participation in religious instruction or religious worship in certain educational institutions.

No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

In institutions recognised by the State or receiving aid out of State funds, persons shall not be compelled to attend religious instruction or attend religious worship unless they themselves or their guardians have given their consent.

5. Cultural and Educational Rights - Articles 29-30

These rights help minority groups preserve their distinct culture, language, and education.

Article 29: Protection of Interests of Minorities

It states that any section of citizens residing in the territory of India or any part thereof shall have the right to preserve its distinct language, script, or culture. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language, or any of them.

Article 30: Right of Minorities to Establish and Administer Educational Institutions

This gives all minorities (whether based on religion or language) the right to establish and administer educational institutions of their choice. The State shall not discriminate against them while providing aid to such institutions. It ensures that minorities can provide education to their children in accordance with their cultural identity and traditions.

6. Right to Constitutional Remedies - Article 32

Article 32 of the Constitution is the heart and soul of fundamental rights. Dr. B.R. Ambedkar called it the "heart and soul" of the Constitution.

Article 32: Remedies for Enforcement of Fundamental Rights

This right, itself a fundamental right, empowers citizens to approach the Supreme Court directly in case of violation of their fundamental rights. The Supreme Court and High Courts (under Article 226) can issue various writs to enforce fundamental rights:

Habeas Corpus: "You must produce your body." This writ is issued for the release of a person who has been illegally detained.

Mandamus: "We command." It is issued to direct a public officer or public body to perform its legal duty.

Prohibition: "To restrain." It is issued by a higher court to prevent a subordinate court from exceeding its jurisdiction.

Certiorari: "To be certified" or "To be informed." It is issued by a higher court to a subordinate court to set aside an order passed by it or to transfer a case to itself.

Quo Warranto: "By what authority?" It is issued to prevent a person from illegally occupying a public office.

This right ensures that fundamental rights do not remain merely on paper, but are real and enforceable.

Nature and Importance of Fundamental Rights

Justiciable and Enforceable: Fundamental rights are justiciable, which means that a person can approach the court if they are violated.

Universal: These rights are equally available to all citizens, regardless of their caste, religion, gender, or status.

Not absolute, with some exceptions: Although they are fundamental, they are subject to certain reasonable restrictions that may be imposed in the public interest, the security of the state, or to maintain public order.

Amendable: Parliament can amend fundamental rights through the constitutional amendment process, but such amendment cannot violate the Constitution's "basic structure," as held by the Supreme Court in the Kesavananda Bharati case.

Suspendable: During a national emergency (Article 352), fundamental rights, except Articles 20 and 21, can be suspended.

Conclusion

The fundamental rights of the Indian Constitution not only guarantee individual liberty and equality but also pave the way for building an inclusive and just society. These rights act as a check on the government and make citizens aware of their rights. They are the pillars of Indian democracy, and without them, the vision of the Indian Republic is incomplete. It is the duty of every citizen to understand, protect and respect these rights, so that India remains a free, just and egalitarian nation.