Fundamental Rights of India
Every individual requires basic rights to lead a fulfilling life. If fundamental rights are stripped away, life can resemble a prison. It's important to note that fundamental rights apply solely to individuals and do not extend to companies or institutions. Sardar Vallabhbhai Patel is renowned as one of the architects of our fundamental rights.
In the world's largest democracy, where diversity flourishes amidst the confluence of cultures, languages, and religions, there lies a foundational pillar that guards the essence of freedom, dignity, and equality. This is the story of the Fundamental Rights of India, the bedrock upon which the dreams and aspirations of over a billion people are built."
Enshrined in Part III of the Constitution of India, these rights were not just promises made in the euphoria of independence but solemn commitments to every citizen. From the Right to Equality that challenges the chains of discrimination, to the Right to Freedom that empowers every voice to be heard, these rights weave the tapestry of India's democracy.
In the heart of every Indian, these rights kindle the flame of freedom, justice, and equality. Together, we are the guardians of democracy, the protectors of our shared destiny. This is our India, where the Fundamental Rights light the path towards a brighter, more inclusive future for all.
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What Are Fundamental Rights?
Fundamental Rights are the basic human rights guaranteed to every citizen of India by the Constitution. These rights are essential for the overall development of a person and for the proper functioning of a democratic society. They protect individuals from injustice, discrimination, and misuse of power by the state.
Dr. B. R. Ambedkar called Fundamental Rights the “heart and soul of the Constitution” because they ensure freedom, equality, and dignity for all citizens. Without these rights, democracy would lose its true meaning.
These rights are enforceable in courts. If any Fundamental Right is violated, a person can directly approach the Supreme Court or High Court for justice.
Fundamental Rights are special rights given to citizens so that they can live freely, safely, and with dignity. These rights:
• Protect individual liberty
• Promote equality
• Ensure justice
• Prevent exploitation
• Guarantee religious and cultural freedom
They are mentioned in Part III of the Indian Constitution (Articles 12–35).
Objective / Role of Fundamental Rights of India
- Fundamental Rights protect the liberties and freedoms of individuals against any arbitrary actions by the state. They ensure that every citizen has the right to speak, practice any religion, and live with dignity.
- These rights are pivotal in ensuring the rule of law in the country. They make sure that every citizen, irrespective of their rank or status, is subject to the jurisdiction of the ordinary courts and laws of the country.
- Certain Fundamental Rights aim to promote the idea of equality and to combat social injustices. For example, the Right to Equality ensures equality before the law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Fundamental Rights act as a safeguard against the tyranny of the state. They limit the power of the state and protect the rights of the individual against state oppression.
- By granting freedoms such as the right to freedom of speech and expression and the right to assemble peaceably and without arms, Fundamental Rights ensure the functioning of a healthy and effective democracy.
- They serve as an essential tool for bringing about social change and fostering the development of a welfare state. Rights such as the right to education and the prohibition of discrimination ensure that the state takes steps towards providing its citizens with a dignified life.
- The right to constitutional remedies allows individuals to move the court to enforce their Fundamental Rights, making these rights real and effective rather than merely being theoretical.
- They strike a balance between the power of the state and the freedoms of individuals, ensuring that while the state has enough authority to implement laws and maintain order, it cannot encroach upon the liberties granted to its citizens.
Can Fundamental Rights be suspended?
Basic Fundamental Rights of India in 1950
When the Constitution of India came into force on 26 January 1950, it granted certain basic and essential rights to citizens. These rights were called Fundamental Rights because they were necessary for living a free, equal, and dignified life.
At that time (in 1950), there were seven Fundamental Rights. Later, one of them (Right to Property) was removed from the list by a Constitutional Amendment.
Why Were Fundamental Rights Given in 1950?
India had just become independent after years of British rule. People had suffered discrimination, injustice, and lack of freedom. The makers of the Constitution wanted to ensure that:
• No one is treated unfairly
• Everyone is equal before law
• People can speak freely
• Religion is respected
• Exploitation is stopped
• Justice is available to all
That is why Fundamental Rights were added in Part III (Articles 12–35) of the Constitution.
In 1950, the Constitution originally provided seven Fundamental Rights:
1. Right to Equality (Articles 14–18)
This right ensures that all citizens are equal.
It includes:
Article 14 – Equality before law
Everyone is equal in the eyes of law.
Article 15 – No discrimination
No discrimination on the basis of religion, race, caste, sex, or place of birth.
Article 16 – Equal opportunity in government jobs
Everyone has equal chance in public employment.
Article 17 – Abolition of untouchability
Untouchability is completely banned.
Article 18 – Abolition of titles
The government cannot give titles like Raja, Rai Bahadur, etc.
2. Right to Freedom (Articles 19–22)
This right gives freedom to live without fear.
Article 19 – Six Freedoms
Citizens have the right to:
• Freedom of speech and expression
• Freedom to assemble peacefully
• Freedom to form associations
• Freedom to move freely
• Freedom to live anywhere
• Freedom to practice any profession
Article 20 – Protection in criminal matters
• No punishment without law
• No double punishment
• No forced confession
Article 21 – Right to life and personal liberty
This is the most important right. It means the right to live with dignity.
Article 22 – Protection against arbitrary arrest
• Right to know reason for arrest
• Right to consult a lawyer
• Must be produced before magistrate in 24 hours
3. Right Against Exploitation (Articles 23–24)
This right protects people from abuse.
Article 23 – Prohibition of human trafficking
Buying and selling humans is illegal.
Article 24 – Prohibition of child labour
Children below 14 years cannot work in hazardous jobs.
4. Right to Freedom of Religion (Articles 25–28)
India is a secular country.
This right ensures:
• Freedom to follow any religion
• Freedom to practice and preach religion
• Freedom to manage religious affairs
• No religious taxes
• No forced religious education in government schools
5. Cultural and Educational Rights (Articles 29–30)
These rights protect minorities.
They allow minorities to:
• Protect their language and culture
• Establish and manage their own schools
6. Right to Property (Article 31) – (Original Right in 1950)
This was a Fundamental Right in 1950.
It meant:
• People could own property
• Government could not take property without compensation
Later, this right was removed as a Fundamental Right by the 44th Constitutional Amendment Act, 1978.
Now, it is only a legal right under Article 300A.
7. Right to Constitutional Remedies (Article 32)
This is the most powerful right.
If any Fundamental Right is violated, a person can directly approach the:
• Supreme Court
• High Court
Courts can issue writs like:
• Habeas Corpus
• Mandamus
• Prohibition
• Certiorari
• Quo Warranto
Dr. B.R. Ambedkar called this the “heart and soul of the Constitution.”
When India became a republic in 1950, Fundamental Rights were included to protect people from injustice, discrimination, and misuse of power. These rights became the backbone of Indian democracy.
They made sure that India was not just politically independent, but also socially and legally free.
Fundamental Rights of India
Fundamental Rights are the basic and essential rights guaranteed to every citizen of India by the Constitution. These rights are necessary for living a free, dignified, and meaningful life. They protect individuals from injustice, discrimination, exploitation, and misuse of power by the State.
Dr. B. R. Ambedkar called Fundamental Rights the “heart and soul of the Indian Constitution” because they ensure freedom, equality, justice, and dignity. Without these rights, democracy cannot function properly.
Fundamental Rights are mentioned in Part III of the Indian Constitution (Articles 12 to 35). If any of these rights are violated, a person can directly approach the Supreme Court or High Court for protection.
How Many Fundamental Rights Are There?
Originally, there were 7 Fundamental Rights in 1950. Later, the Right to Property was removed as a Fundamental Right by the 44th Amendment Act, 1978.
Today, there are 6 Fundamental Rights.
Types of Fundamental Rights in India
There are six main Fundamental Rights:
-
Right to Equality
-
Right to Freedom
-
Right Against Exploitation
-
Right to Freedom of Religion
-
Cultural and Educational Rights
-
Right to Constitutional Remedies
Let’s understand each one in detail.
1. Right to Equality (Articles 14–18)
This right ensures that everyone is equal before the law.
Article 14 – Equality Before Law
No person is above the law. Rich or poor, all are treated equally.
Article 15 – Prohibition of Discrimination
The state cannot discriminate on the basis of:
• Religion
• Race
• Caste
• Sex
• Place of birth
Article 16 – Equality of Opportunity
Everyone has equal opportunity in government jobs.
Article 17 – Abolition of Untouchability
Untouchability is completely abolished.
Article 18 – Abolition of Titles
The government cannot give titles like Raja, Rai Bahadur, etc.
2. Right to Freedom (Articles 19–22)
This right gives freedom to live independently and express oneself.
Article 19 – Six Freedoms
Every citizen has the right to:
-
Freedom of speech and expression
-
Freedom to assemble peacefully
-
Freedom to form associations
-
Freedom to move freely
-
Freedom to reside anywhere
-
Freedom to practice any profession
These freedoms are not unlimited. The government can impose reasonable restrictions for security, morality, and public order.
Article 20 – Protection in Criminal Matters
• No punishment without law
• No double punishment
• No forced confession
Article 21 – Right to Life and Personal Liberty
This is the most important Fundamental Right. It includes:
• Right to live with dignity
• Right to privacy
• Right to clean environment
• Right to education
• Right to health
• Right to reputation
Article 21A – Right to Education
Free and compulsory education for children aged 6–14 years.
Article 22 – Protection Against Arbitrary Arrest
• Right to know reason for arrest
• Right to consult a lawyer
• Must be produced before a magistrate within 24 hours
3. Right Against Exploitation (Articles 23–24)
This right protects people from abuse and forced labour.
Article 23 – Prohibition of Human Trafficking
Buying, selling, or exploiting humans is illegal.
Article 24 – Prohibition of Child Labour
Children below 14 years cannot be employed in hazardous industries.
4. Right to Freedom of Religion (Articles 25–28)
India is a secular country.
This right ensures:
• Freedom to follow any religion
• Freedom to practice and preach religion
• Freedom to manage religious affairs
• No religious taxes
• No compulsory religious education in government schools
5. Cultural and Educational Rights (Articles 29–30)
These rights protect the culture of minorities.
Article 29
Minorities can preserve their language, script, and culture.
Article 30
Minorities can establish and manage their own educational institutions.
6. Right to Constitutional Remedies (Article 32)
This is the most powerful Fundamental Right.
If your Fundamental Rights are violated, you can directly approach:
• Supreme Court
• High Court
The courts can issue writs, such as:
• Habeas Corpus – Produce the person
• Mandamus – Order to perform duty
• Prohibition – Stop illegal action
• Certiorari – Quash illegal order
• Quo Warranto – Question authority
Dr. Ambedkar called this right the “heart and soul of the Constitution.”
Are Fundamental Rights Absolute?
No. Fundamental Rights are not unlimited. The government can impose reasonable restrictions for:
• Public order
• Morality
• National security
• Health
• Sovereignty
Can Fundamental Rights Be Suspended?
During a National Emergency, some Fundamental Rights can be suspended.
However:
• Article 20 (Protection in criminal matters)
• Article 21 (Right to life and liberty)
👉 These two rights can never be suspended.
Importance of Fundamental Rights
Fundamental Rights are important because they:
• Protect democracy
• Ensure freedom
• Promote equality
• Prevent exploitation
• Protect minorities
• Maintain dignity
• Limit government power
Fundamental Rights are the backbone of Indian democracy. They protect people from injustice, discrimination, and exploitation. They allow individuals to live with freedom, dignity, and equality.
Without Fundamental Rights, the Constitution would lose its true meaning. These rights ensure that India remains a democratic, fair, and inclusive nation
Right to Equality
The Right to Equality is one of the most important Fundamental Rights guaranteed by the Indian Constitution. It ensures that every person is treated equally before the law and no one is discriminated against on unfair grounds. This right lays the foundation of a democratic society where all individuals enjoy equal status and opportunity.
The framers of the Constitution knew that Indian society was deeply divided by caste, religion, gender, and economic differences. So, they included this right to remove social inequalities and promote justice, fairness, and dignity.
The Right to Equality is mentioned in Articles 14 to 18 of the Constitution.
Importance of the Right to Equality
The Right to Equality is important because it:
• Prevents discrimination
• Promotes fairness
• Protects human dignity
• Ensures justice
• Creates equal opportunities
• Strengthens democracy
Without this right, freedom would have no meaning.
Article 14 – Equality Before Law and Equal Protection of Law
Article 14 says:
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
This article has two parts:
1. Equality Before Law
This means that no one is above the law. Every person—whether rich or poor, powerful or weak—is subject to the same law.
Examples:
• A government official can be punished for a crime
• A common citizen can seek justice against a minister
• A billionaire and a laborer are equal before courts
2. Equal Protection of Laws
This means that the law must treat similar people in similar situations equally.
However, this does not mean that everyone must be treated exactly the same. The government can make special laws for:
• Women
• Children
• Senior citizens
• SC/ST
• Backward classes
This is called positive discrimination or protective discrimination.
Article 15 – Prohibition of Discrimination
Article 15 prohibits discrimination on the basis of:
• Religion
• Race
• Caste
• Sex
• Place of birth
This article applies to access to:
• Shops
• Restaurants
• Hotels
• Public wells
• Roads
• Parks
• Schools
Special Provisions for Women and Children
Article 15 allows the government to make special laws for women and children.
Examples:
• Maternity benefits
• Free education for girls
• Reservation for women
Reservation for Backward Classes
The government can provide reservations for:
• SC
• ST
• OBC
This is done to ensure equality in real sense, not just on paper.
Article 16 – Equality of Opportunity in Public Employment
Article 16 ensures that all citizens get equal opportunity in government jobs.
What It Means:
• No discrimination in government recruitment
• Equal chance for promotion
• Fair selection process
Reservation Under Article 16
The government can reserve seats for:
• SC
• ST
• OBC
• Economically Weaker Sections (EWS)
This is done to bring backward classes into the mainstream.
Article 17 – Abolition of Untouchability
Article 17 completely abolishes untouchability.
Untouchability was a social evil where people of lower castes were treated as impure and were denied basic rights.
This article makes untouchability a punishable offence.
Examples of untouchability:
• Not allowing entry into temples
• Denying water from public wells
• Forcing separate utensils
• Denial of education
Protection of Civil Rights Act, 1955
This law was made to punish those who practice untouchability.
Article 18 – Abolition of Titles
Article 18 prohibits the State from giving titles like:
• Raja
• Rai Bahadur
• Nawab
This was done to end the feudal mindset and promote equality.
Exceptions:
Military and academic titles are allowed, such as:
• Dr.
• Prof.
• Colonel
• Major
These titles are based on merit, not social status.
Right to Equality Is Not Absolute
This right is not unlimited. The government can impose reasonable classification.
This means:
• People in different situations can be treated differently
• But the classification must be logical and fair
Example:
• Senior citizens get pension benefits
• Children get free education
Important Supreme Court Judgments on Right to Equality
1. E.P. Royappa v. State of Tamil Nadu
Equality means absence of arbitrariness.
2. Indra Sawhney v. Union of India
Upheld reservation for backward classes.
3. State of West Bengal v. Anwar Ali Sarkar
Classification must be reasonable.
Right to Equality and Reservation
Reservation does not violate equality. Instead, it promotes real equality.
It helps disadvantaged people compete on equal footing.
Why Right to Equality Is the Foundation of All Rights
Without equality:
• Freedom has no value
• Justice is meaningless
• Democracy fails
This is why it is placed at the top.
The Right to Equality (Articles 14–18) is the backbone of Indian democracy. It ensures that every citizen, regardless of caste, religion, gender, or economic status, is treated fairly.
This right removes discrimination, promotes justice, and gives everyone an equal chance to grow.
Equality does not mean treating everyone the same—it means giving everyone a fair chance.
Right to Freedom
The Right to Freedom is one of the most important Fundamental Rights in the Indian Constitution. Freedom means the power to think, speak, move, and live according to one’s own choice without unnecessary interference. Without freedom, human life becomes meaningless.
The makers of the Constitution knew that India had suffered under British rule, where people had no freedom of speech, movement, or expression. Therefore, they included the Right to Freedom to ensure that every citizen can live with dignity, independence, and confidence.
This right is mentioned in Articles 19 to 22 of the Indian Constitution.
Importance of the Right to Freedom
The Right to Freedom is important because it:
• Allows people to express their thoughts
• Encourages creativity and innovation
• Protects personal liberty
• Strengthens democracy
• Builds self-confidence
• Helps in overall development of individuals
A free society is always a progressive society.
Article 19 – Six Freedoms
Article 19 gives six important freedoms to Indian citizens. These freedoms help individuals grow socially, politically, and economically.
1. Freedom of Speech and Expression
This is the most basic freedom. It allows citizens to:
• Express opinions
• Criticize the government
• Share ideas
• Write articles
• Speak in public
This freedom is essential for democracy.
However, this freedom is not unlimited. The government can impose reasonable restrictions in the interest of:
• National security
• Public order
• Morality
• Defamation
• Contempt of court
2. Freedom to Assemble Peacefully
Citizens have the right to gather peacefully and without arms.
This allows people to:
• Organize protests
• Hold meetings
• Conduct rallies
This right is essential for expressing public opinion.
However, assemblies must be peaceful. Violent gatherings are not protected.
3. Freedom to Form Associations
Citizens can form:
• Political parties
• Trade unions
• Clubs
• Societies
This right helps people work together for common goals.
4. Freedom of Movement
This freedom allows citizens to move freely throughout the country.
You can:
• Travel to any state
• Settle anywhere
• Explore different regions
5. Freedom to Reside and Settle
Citizens can live in any part of India.
This promotes:
• National unity
• Cultural exchange
• Economic opportunity
6. Freedom to Practice Any Profession
Citizens can choose any profession, occupation, or business.
This promotes:
• Economic independence
• Entrepreneurship
• Skill development
Reasonable Restrictions on Article 19
These freedoms are not absolute. The government can impose restrictions for:
• Public order
• Morality
• National security
• Friendly relations with other countries
• Health
• Decency
This balance ensures freedom with responsibility.
Article 20 – Protection in Criminal Matters
Article 20 protects individuals from unfair punishment.
1. No Ex-Post-Facto Law
A person cannot be punished for an act that was not a crime when it was committed.
2. No Double Jeopardy
A person cannot be punished twice for the same offence.
3. No Self-Incrimination
A person cannot be forced to confess.
Article 21 – Right to Life and Personal Liberty
Article 21 is the most powerful and broad Fundamental Right.
It says:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
Expanded Meaning of Article 21
The Supreme Court has interpreted Article 21 very widely. It includes:
• Right to live with dignity
• Right to privacy
• Right to education
• Right to health
• Right to clean environment
• Right to shelter
• Right to reputation
Article 21A – Right to Education
This article provides:
• Free and compulsory education
• For children aged 6–14 years
This helps in building a strong and educated nation.
Article 22 – Protection Against Arrest and Detention
Article 22 provides safeguards against arbitrary arrest.
Rights of Arrested Person
• Right to know grounds of arrest
• Right to consult a lawyer
• Right to be produced before a magistrate within 24 hours
• No illegal detention
Preventive Detention
In special cases, a person can be detained to prevent future crimes. But strict rules must be followed.
Right to Freedom Is Not Absolute
Freedom must be balanced with responsibility. Unlimited freedom can lead to chaos.
That is why the Constitution allows reasonable restrictions.
Important Supreme Court Judgments
1. Maneka Gandhi v. Union of India
Expanded Article 21.
2. A.K. Gopalan v. State of Madras
Discussed personal liberty.
3. Romesh Thappar v. State of Madras
Protected freedom of speech.
Why Right to Freedom Is Essential for Democracy
Without freedom:
• People cannot express opinions
• No criticism of government
• No innovation
• No creativity
• No progress
Freedom makes democracy alive.
The Right to Freedom gives life meaning. It allows people to express themselves, grow economically, move freely, and live with dignity. It protects individuals from government misuse of power.
This right is not just legal—it is the soul of a democratic society.
Right against Exploitation (Articles 23–24)
The Right Against Exploitation is one of the most important Fundamental Rights guaranteed by the Indian Constitution. It protects people from being treated like objects or slaves and ensures that no one is forced to work against their will or exploited for money, power, or personal benefit.
When India became independent, many social evils still existed, such as bonded labour, child labour, human trafficking, and forced work. Poor people were often forced to work for very low wages or no wages at all. Children were made to work in factories, mines, and homes instead of going to school.
To remove these evils and protect human dignity, the Constitution included Articles 23 and 24 under the Right Against Exploitation.
Article 23 – Prohibition of Human Trafficking and Forced Labour
Article 23 says:
“Traffic in human beings, begar and other similar forms of forced labour are prohibited.”
What Is Human Trafficking?
Human trafficking means buying, selling, or transporting people for illegal purposes such as:
• Forced labour
• Prostitution
• Domestic slavery
• Organ trade
• Child labour
This practice treats humans like goods, which is completely against human dignity.
What Is Begar?
Begar is a form of forced labour where a person is made to work without being paid.
Example:
• A poor farmer forced to work for a landlord
• A villager forced to build roads without wages
• Domestic workers forced to work without salary
Begar was common during the colonial period.
Other Forms of Forced Labour
These include:
• Bonded labour
• Debt labour
• Compulsory unpaid work
• Forced domestic work
These practices are illegal under Article 23.
Exception Under Article 23
The State can force citizens to do certain work for public purposes, such as:
• Military service
• Disaster relief
• Public service
But even in such cases, no discrimination is allowed.
Laws Made Under Article 23
To enforce this article, several laws have been passed:
• Bonded Labour System (Abolition) Act, 1976
• Immoral Traffic (Prevention) Act
• Child Labour (Prohibition and Regulation) Act
• Inter-State Migrant Workmen Act
Article 24 – Prohibition of Child Labour
Article 24 states:
“No child below the age of 14 years shall be employed in any factory, mine, or hazardous employment.”
Why Was Article 24 Needed?
Children are physically and mentally weak. They need:
• Education
• Love and care
• Proper nutrition
• A safe environment
Making them work in dangerous places destroys their childhood and future.
Hazardous Employment Includes:
• Factories
• Mines
• Chemical industries
• Fireworks factories
• Construction sites
Children working in such places face accidents, diseases, and abuse.
Laws Related to Article 24
• Child Labour (Prohibition and Regulation) Act
• Right to Education Act
• Juvenile Justice Act
These laws ensure that children are protected and sent to school instead of work.
Right Against Exploitation and Human Dignity
The main aim of this right is to protect human dignity. Every human being has value. No one should be treated as property.
Exploitation destroys:
• Self-respect
• Freedom
• Health
• Childhood
That is why the Constitution strictly prohibits such practices.
Important Supreme Court Judgments
1. People’s Union for Democratic Rights v. Union of India
The Court held that paying less than minimum wages is also forced labour.
2. Bandhua Mukti Morcha v. Union of India
The Court ordered the release and rehabilitation of bonded labourers.
3. M.C. Mehta v. State of Tamil Nadu
The Court prohibited child labour in hazardous industries.
Exploitation in Modern Times
Even today, exploitation exists in many forms:
• Domestic workers
• Migrant labourers
• Child workers
• Human trafficking
• Forced begging
The government and society must work together to eliminate it.
The Right Against Exploitation (Articles 23–24) protects the most vulnerable sections of society. It ensures that no person is treated as a slave and no child is forced into dangerous work.
This right reflects the humane spirit of the Indian Constitution. It tells us that freedom is not just political—it is social and economic too.
A country cannot call itself developed if its people are exploited.
Right to Freedom of Religion (Articles 25–28)
The Right to Freedom of Religion, as enshrined in the Constitution of India, is covered under Articles 25 to 28. This set of rights underscores the secular nature of the Indian state and provides every citizen the freedom to live by their religious beliefs and practices without any state intervention. Here's a closer look at these articles:
Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion
Freedom of Conscience: This clause allows every individual the freedom to hold and think any religious beliefs without coercion.
Free Profession, Practice, and Propagation of Religion: Individuals are free to profess, practice, and propagate the religion of their choice. However, this freedom is subject to public order, morality, health, and other provisions relating to Fundamental Rights.
State's Right to Regulate: The State has the right to regulate or restrict any economic, financial, political, or other secular activity associated with religious practice.
Opening of Hindu Religious Institutions: This part of Article 25 mentions that any section of Hindus has the right to enter into Hindu religious institutions for worship in a public place. It indicates an inclusive approach towards untouchability and caste discrimination within religious practices.
Article 26: Freedom to Manage Religious Affairs
This article guarantees every religious denomination or any section thereof the right to:
Establish and Maintain Institutions for Religious and Charitable Purposes: Religious groups can set up and manage their institutions.
Manage Its Own Affairs in Matters of Religion: They have autonomy in matters directly related to religious practices.
Own and Acquire Movable and Immovable Property: Religious denominations can own property and manage it according to their religious needs.
Administer Such Property in Accordance with Law: The administration of property by religious groups is subject to general laws of the land.
Article 27: Freedom as to Payment of Taxes for Promotion of Any Particular Religion
This article ensures that no individual can be compelled to pay any taxes that are specifically appropriated for the promotion or maintenance of any particular religion or religious denomination. This provision upholds the principle of a secular state.
Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions
Prohibition of Religious Instruction in State-funded Educational Institutions: No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
Exception in Educational Institutions Administered by the State but Established Under a Trust: In institutions administered by the State but established under any endowment or trust, this article permits religious instruction.
Freedom of Attendance: No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction or to attend any religious worship without their consent (or the consent of their guardian, in the case of minors).
These articles collectively ensure that the State remains neutral in matters of religion, providing a framework that respects and accommodates the diverse religious landscape of India. This set of rights facilitates the coexistence of multiple religions, ensuring that individuals have the freedom to practice their religion while also laying down the principle that the State shall not discriminate against or favor any religion.
Cultural and Educational Rights (Articles 29–30)
The Cultural and Educational Rights enshrined in the Constitution of India under Articles 29 and 30 are designed to protect the rights of cultural and linguistic minorities, allowing them to preserve their heritage and ensuring their right to education. These rights reflect the country's commitment to its diverse and pluralistic society, acknowledging the importance of safeguarding minority groups' culture, language, and script. Here's an overview of these articles:
Article 29: Protection of Interests of Minorities
Right to Conservation of Language, Script, or Culture: Article 29(1) guarantees any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of its own the right to conserve the same.
No Discrimination in Admission to Educational Institutions: Article 29(2) states that 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. This ensures that educational institutions are accessible to all, regardless of their background.
Article 30: Right of Minorities to Establish and Administer Educational Institutions
Right to Establish and Administer Educational Institutions: Article 30(1) allows all religious and linguistic minorities to establish and administer educational institutions of their choice. It ensures minorities have the right to preserve and develop their culture and educates their community members.
State's Power to Regulate Educational Institutions: While minorities are free to manage their institutions, the State can still impose regulations to ensure the maintenance of educational standards. Article 30(2) specifies that the State shall not, in granting aid to educational institutions, discriminate against any institution on the basis that it is under the management of a minority, whether based on religion or language.
These articles collectively provide a robust framework for cultural and educational rights, allowing for the preservation and continuation of India's diverse cultural heritage. By protecting these rights, the Constitution facilitates the strengthening of national unity and integrity, ensuring that India's multicultural fabric remains intact and vibrant. These rights highlight the importance of tolerance, mutual respect, and understanding in a pluralistic society, contributing significantly to the democratic ethos of the country.
Right to Constitutional Remedies (Articles 32–35)
The Right to Constitutional Remedies, as provided under Articles 32 to 35 of the Constitution of India, is a fundamental right that empowers citizens to seek enforcement of their fundamental rights. Dr. B.R. Ambedkar, the principal architect of the Indian Constitution, regarded Article 32 as the heart and soul of the Constitution. This set of rights ensures that the rights conferred by the Constitution are not just nominal but are effectively protected and enforced. Here's a brief overview:
Article 32: Remedies for Enforcement of Rights Conferred by this Part
Right to Move the Supreme Court: Article 32(1) guarantees the right to approach the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III of the Constitution. It acts as a protector of fundamental rights.
The Power of the Supreme Court to Issue Writs: The Supreme Court is empowered under Article 32(2) to issue directions, orders, or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the fundamental rights.
Right to Constitutional Remedies as a Fundamental Right: Article 32 itself is a fundamental right. Dr. Ambedkar emphasized its importance, stating that without Article 32, the Constitution would be null and void.
Parliament's Power to Empower Any Other Court: While the Supreme Court is the primary protector of fundamental rights, Article 32(3) allows Parliament to empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court.
Restriction on the Issuance of Writs: Article 32(4) states that the right to move the Supreme Court shall not be suspended except as otherwise provided for by the Constitution. This is a reference to the power of the government to impose a state of emergency under Article 359, during which the rights conferred by Part III may be temporarily suspended.
Article 33: Power of Parliament to Modify the Rights Conferred by this Part in their Application to Forces, etc.
This article allows Parliament to modify the application of fundamental rights for members of the armed forces, police forces, and intelligence organizations to ensure proper discharge of their duties and maintenance of discipline among their ranks.
Article 34: Restriction on Rights Conferred by this Part While Martial Law is in Force in any Area
Article 34 provides that Parliament may indemnify any person in the service of the Union or a State or any other person in respect of any act done by them in connection with the maintenance or restoration of order in any area where martial law was in force.
Article 35: Legislation to Give Effect to the Provisions of this Part
This article specifies that Parliament shall have the power to make laws prescribing punishment for those acts that are declared to be offenses under this Part III of the Constitution. It also allows Parliament to make laws regarding the recommendation or requirement of acts necessary for implementing the rights conferred by this Part.
The Right to Constitutional Remedies is a critical component of the Constitution, ensuring that the promise of fundamental rights is not merely theoretical but can be practically enforced and protected against any violation by the state or other entities.
Right to Information
The Right to Information (RTI) is a fundamental democratic right that empowers citizens to seek information from public authorities, thereby promoting transparency and accountability in the working of the government. In India, this right was explicitly recognized and codified through the Right to Information Act, enacted in 2005. Although not enumerated among the original Fundamental Rights in the Constitution of India, the RTI is considered an extension of Article 19(1)(a), which guarantees the freedom of speech and expression. The Supreme Court of India has, through various judgments, upheld the right to information as an integral part of the right to freedom of speech and expression.
Key Features of the Right to Information Act, 2005:
The Act mandates that public authorities must disclose a wide range of information to the public and maintain records for easy access. This includes the functions and duties of the authorities, the decision-making processes, and related details.
Under Section 4 of the RTI Act, public authorities are required to proactively publish certain categories of information so that the public will need to use the mechanism of the Act less frequently.
One of the significant features of the Act is the time-bound response to RTI requests. Public authorities are required to provide the information requested by an applicant within thirty days of the request or within forty-eight hours if the information concerns the life or liberty of a person.
The Act specifies that fees for requesting information should be reasonable and that individuals below the poverty line are exempt from paying such fees.
The Act establishes the Central Information Commission and State Information Commissions as high-level authorities to deal with complaints and to ensure adherence to the provisions of the Act.
While the Act aims for maximum disclosure and transparency, it also lists certain categories of information that are exempt from disclosure (Section 8), such as information affecting the sovereignty and integrity of India, information forbidden to be published by any court of law, information that would cause a breach of privilege of Parliament or the State Legislature, and so on.
Third Party Information: The Act also includes provisions to protect sensitive third-party information, where such information cannot be disclosed without consulting the third party unless the public interest in disclosure outweighs any possible harm or infringement on privacy.
The enactment of the Right to Information Act was a significant step towards ensuring an informed citizenry, which is essential for the functioning of a true democracy. It has been used extensively by citizens, activists, and organizations to uncover corruption, to hold public officials accountable, and to make informed decisions regarding public issues.
Right to Privacy
The Right to Privacy is recognized as an intrinsic part of the right to life and personal liberty under Article 21 of the Constitution of India. This recognition was solidified by the landmark judgment of the Supreme Court in the case of Justice K.S. Puttaswamy (Retd.) vs Union Of India And Others (2017). This unanimous decision by a nine-judge bench asserted that the Right to Privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.
Key Aspects of the Right to Privacy:
The Right to Privacy encompasses protections against intrusions into one's personal life, home, family, marriage, motherhood, childbearing, and education among other matters. It is not confined to any specific aspect of privacy but is considered a right to be left alone, to live a life of dignity, and to make personal choices.
In the digital era, the Right to Privacy has taken on additional significance, covering data protection and privacy. The judgment acknowledged the need for regulations to protect individuals' data, as personal data can be easily collected, stored, and analyzed with modern technology.
The Right to Privacy, though fundamental, is not absolute and can be subject to reasonable restrictions for legitimate state interests. However, any restriction must be justified through a proportionality test that ensures a balance between individual rights and societal interests.
The Puttaswamy judgment has implications for various laws and practices, including those relating to surveillance, personal data collection by the state and private entities, and Section 377 of the Indian Penal Code (which was subsequently read down in part by the Supreme Court in 2018, decriminalizing consensual homosexual acts among adults in private).
Following the judgment, there has been a push for comprehensive data protection legislation in India. The Personal Data Protection Bill has been drafted and discussed to ensure that data collection and processing are done in a manner that respects privacy.
Privacy also extends to healthcare and reproductive choices. The judgment has implications for laws and policies related to abortion, contraception, and medical records, ensuring that individuals' choices and autonomy in these sensitive areas are protected.
The judgment has been used to challenge and change laws that intrude into the private lives of individuals, including the exception to marital rape in the Indian Penal Code.
The Right to Privacy judgment by the Supreme Court of India is a cornerstone in the evolution of constitutional jurisprudence in the country, broadening the scope of fundamental rights and ensuring that individual dignity, autonomy, and personal liberty are preserved in the face of technological advancements and state surveillance.
Read Detailed Explanation of :
- The Right to Privacy - Article 21, Cases, Acts, GDPR etc.
- Data Protection and Data Privacy Laws in India
Process of Amendment of Fundamental Rights of India
The process of amending the Fundamental Rights enshrined in the Constitution of India is governed by the provisions for constitutional amendment laid out in Article 368 of the Constitution. Fundamental Rights are protected and guaranteed by the Constitution, reflecting the core values and principles deemed essential for the functioning of a democratic society. However, the Constitution also provides a mechanism for its own amendment, including the amendment of Fundamental Rights, ensuring the document remains dynamic and can adapt to changing circumstances and needs.
Article 368: Power of Parliament to amend the Constitution and Procedure
Initiation of Amendment: An amendment to the Constitution, including changes to the Fundamental Rights, can be initiated by the introduction of a bill for the purpose in either House of Parliament. The bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.
No Role for State Legislatures in Some Cases: In the case of amendments that do not fall under the proviso of Article 368, such as those not affecting the federal structure or certain specified provisions, the amendment does not require to be ratified by the Legislatures of the States.
Special Majority and Ratification: For amendments that affect the federal structure of the Constitution or certain specified provisions (including the election of the President, the extent of the executive power of the Union and the States, etc.), after being passed by the special majority, the bill must also be ratified by the Legislatures of not less than one-half of the States. Upon such ratification, the bill is then presented to the President of India for assent.
Presidential Assent: The President must give their assent to the amendment bill. There is no provision for the President to withhold assent to a Constitutional Amendment Bill.
Limitations: Although Article 368 provides a comprehensive mechanism for amending the Constitution, the Supreme Court of India, in the Kesavananda Bharati case (1973), ruled that the Parliament cannot alter the basic structure of the Constitution. This doctrine implies that the essential features of the Constitution, including the rights conferred by the Part III (Fundamental Rights), cannot be abrogated, though they can be reasonably amended.
Examples of Amendments Affecting Fundamental Rights
The 24th Amendment Act, 1971: Enabled the Parliament to dilute Fundamental Rights through amendments to the Constitution.
The 42nd Amendment Act, 1976: Known as the "Mini-Constitution," it made several changes to the Constitution, including the Fundamental Rights and the Directive Principles of State Policy.
The 44th Amendment Act, 1978: Reversed many changes made by the 42nd Amendment during the Emergency and restored civil liberties by changing certain provisions related to Fundamental Rights.
The process of amending Fundamental Rights, therefore, while constitutionally provided for, is subject to the doctrine of the basic structure, ensuring that the fundamental ethos and the essential features of the Indian Constitution are preserved.
Article 31B and Ninth Schedule
Article 31B and the Ninth Schedule of the Indian Constitution form a unique legal framework designed to protect certain laws from being challenged and invalidated on the grounds of contravention of the Fundamental Rights provided by the Constitution. This framework was created to address specific situations where the government felt it necessary to implement laws that, while potentially infringing upon Fundamental Rights, were deemed essential for achieving social welfare and reform objectives.
Article 31B
Introduced by the 1st Constitutional Amendment Act in 1951, Article 31B provides a protective shield to the laws included in the Ninth Schedule of the Constitution. It states that none of the Acts and Regulations specified in the Ninth Schedule shall be deemed to be void or ever to have become void on the grounds that such an Act or Regulation infringes any of the Fundamental Rights. This means that any law included in the Ninth Schedule is immunized from judicial review, even if it violates the Fundamental Rights enshrined in Part III of the Constitution.
Ninth Schedule
The Ninth Schedule was also introduced by the 1st Constitutional Amendment Act in 1951. Initially, it contained only 13 laws that were primarily related to agrarian reform and land tenure issues. Over the years, however, successive governments have added a large number of laws to the Ninth Schedule, covering a wide range of subjects far beyond the original agrarian focus.
Judicial Scrutiny and the Basic Structure Doctrine
The protective cover provided by Article 31B and the Ninth Schedule has been subject to significant judicial scrutiny. The landmark judgment in the Kesavananda Bharati case (1973) introduced the doctrine of the basic structure of the Constitution. According to this doctrine, while the Parliament has wide powers to amend the Constitution, it cannot alter its basic structure.
Following this doctrine, in the I.R. Coelho case (2007), the Supreme Court ruled that laws placed in the Ninth Schedule after April 24, 1973 (the date of the Kesavananda Bharati judgment), would not enjoy a blanket immunity from judicial review and could be subject to scrutiny if they are seen to violate the basic structure of the Constitution. This meant that the Ninth Schedule could no longer be used as a convenient repository for placing laws beyond the reach of judicial review, especially if such laws were seen to damage the essential elements of the Constitution's basic structure, including Fundamental Rights.
In summary, Article 31B and the Ninth Schedule were designed to protect certain laws from challenges based on the infringement of Fundamental Rights. However, the Supreme Court's judgments have made it clear that this protection is not absolute and that the preservation of the Constitution's basic structure is paramount.
Property Rights of India
Property rights in India have undergone significant changes over the years, both in legal and constitutional terms. Historically, the right to property was a fundamental right under the Constitution of India. However, this status has been altered, and property rights are now considered a constitutional right but not a fundamental right. This shift underscores the evolving approach of the Indian legal system towards property rights, balancing individual rights with the need for state-driven land reforms and redistribution for public welfare.
Historical Context and Constitutional Amendments
Original Constitution: Initially, the right to property was guaranteed as a Fundamental Right under Article 19(1)(f) (right to acquire, hold and dispose of property) and Article 31 (compulsory acquisition of property). These provisions aimed to protect individuals' property rights from arbitrary state action.
44th Amendment Act of 1978: The significant change came with the 44th Amendment Act of 1978, which removed the right to property from the list of Fundamental Rights. Article 19(1)(f) and Article 31 were repealed, fundamentally altering the legal framework governing property rights.
Article 300A: After the 44th Amendment, the right to property was transformed into a constitutional right under Article 300A of the Constitution. Article 300A states, "No person shall be deprived of his property save by authority of law." This means that while the state retains the power to acquire private property, it must do so according to the procedure established by law, ensuring legal protection against arbitrary deprivation of property.
Implications of the Change
The shift from a fundamental right to a constitutional right means that individuals no longer can directly approach the Supreme Court under Article 32 for infringement of property rights. However, they can still seek redress in High Courts under Article 226 of the Constitution.
The state's power of eminent domain allows it to acquire private land for public purposes, but this power is now balanced with the requirement to provide adequate compensation and follow a fair procedure as mandated by law.
The demotion of property rights from the status of a fundamental right was primarily aimed at facilitating land reforms and enabling the state to implement policies for equitable distribution of land and resources. This was seen as essential for addressing historical inequalities and promoting social justice.
Today, the legal framework governing property rights in India includes various statutes, such as the Land Acquisition Act, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and state-specific laws governing land tenure, inheritance, and transfer of property. The judiciary continues to play a crucial role in interpreting and enforcing property rights, ensuring a balance between individual rights and the public interest.
In summary, property rights in India have transitioned from being a fundamental right to a constitutional right, reflecting the state's commitment to land reforms and social welfare while still providing a legal framework to protect individuals from arbitrary deprivation of property.
Conclusion
The Fundamental Rights enshrined in the Constitution of India represent the cornerstone of the democratic framework of the country, safeguarding the rights and freedoms of its citizens against infringement by any entity, including the state itself. These rights, ranging from the Right to Equality to the Right to Constitutional Remedies, embody the aspirations of the Indian polity towards creating an egalitarian society where dignity, liberty, and equality are not just ideals but lived realities for every citizen.
Over the years, the interpretation and application of these Fundamental Rights have evolved through landmark judgments and constitutional amendments, reflecting the dynamic and adaptive nature of India's constitutional democracy. The judiciary, particularly the Supreme Court of India, has played a pivotal role in this evolution, expanding the scope of these rights through doctrines such as the basic structure doctrine and the right to privacy being recognized as an intrinsic part of the right to life and personal liberty under Article 21.
The inclusion of Directive Principles of State Policy and Fundamental Duties in the Constitution further complements the Fundamental Rights, providing a framework for governance that aspires towards social welfare and the promotion of a civic conscious society. The balance between these components of the Constitution underscores the vision of India as a nation that values both individual freedoms and the collective good.
However, the journey towards fully realizing these rights for every citizen continues. Challenges such as social discrimination, economic inequality, and political repression pose ongoing threats to the realization of Fundamental Rights. The state and civil society, therefore, have a continuous responsibility to safeguard these rights, ensuring that the constitutional mechanisms for protection and enforcement are accessible and effective for all.
In conclusion, the Fundamental Rights of India serve as the bedrock upon which the edifice of the nation's democratic values is built. They reflect the commitment to justice, liberty, equality, and fraternity as enshrined in the preamble of the Constitution. As India continues to evolve, these rights stand as both the foundation and the ideals towards which the nation strives, ensuring that the promise of a democratic and just society remains a tangible reality for every Indian.
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