Fundamental Rights are the cornerstone of democracy in India. Enshrined in Part III of the Constitution (Articles 12 to 35), they ensure that every individual enjoys basic freedoms necessary for human dignity and development. These rights protect citizens from arbitrary actions of the state and guarantee equality, freedom, and justice. Dr. B.R. Ambedkar called these rights the “heart and soul of the Constitution,” emphasizing their importance in a democratic society. Unlike ordinary rights, Fundamental Rights are enforceable by law, meaning that citizens can approach the courts directly if they are violated.
Historical Background of Fundamental Rights
The concept of Fundamental Rights in India was influenced by global movements for liberty and equality. They draw inspiration from documents such as the Bill of Rights (USA), the French Declaration of the Rights of Man, and the Universal Declaration of Human Rights (UDHR) by the United Nations. During the freedom struggle, leaders consistently demanded these rights to safeguard individuals from colonial oppression. As a result, when the Constitution was drafted, guaranteeing Fundamental Rights became a top priority to ensure democratic governance and personal freedoms in independent India.
Features of Fundamental Rights
Fundamental Rights in India have several distinctive features. They are universal, applying equally to all citizens regardless of caste, creed, religion, or gender. They are justiciable, meaning they can be enforced by courts, particularly the Supreme Court and High Courts, under Article 32 and Article 226, respectively. However, these rights are not absolute; they are subject to reasonable restrictions to maintain public order, morality, and security of the state. Furthermore, they can be suspended during a National Emergency (except rights under Articles 20 and 21).
Types of Fundamental Rights (Articles 12–35)
1. Right to Equality (Articles 14–18)
This right ensures that every citizen is treated equally before the law.
Article 14: Equality before law and equal protection of laws.
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
Article 16: Equality of opportunity in public employment.
Article 17: Abolition of untouchability, making it a punishable offense.
Article 18: Abolition of titles (except military and academic titles).
2. Right to Freedom (Articles 19–22)
This right protects individual liberty and provides six freedoms under Article 19:
Freedom of speech and expression.
Freedom to assemble peacefully without arms.
Freedom to form associations or unions.
Freedom to move freely throughout India.
Freedom to reside and settle in any part of India.
Freedom to practice any profession or carry on trade.
Additionally:
Article 20: Protection in respect of conviction for offenses (no ex-post facto laws, double jeopardy, or self-incrimination).
Article 21: Right to life and personal liberty. Over time, it has been expanded to include rights like privacy, clean environment, and dignified living.
Article 21A: Right to free and compulsory education for children aged 6–14 (added by the 86th Amendment in 2002).
Article 22: Protection in cases of arrest and preventive detention.
3. Right Against Exploitation (Articles 23–24)
This right safeguards individuals against forced labor and child exploitation:
Article 23: Prohibition of human trafficking and forced labor.
Article 24: Prohibition of employment of children under 14 in hazardous jobs.
4. Right to Freedom of Religion (Articles 25–28)
India is a secular country, and these rights guarantee religious freedom:
Article 25: Freedom of conscience and right to profess, practice, and propagate religion.
Article 26: Freedom to manage religious affairs.
Article 27: No person shall be compelled to pay taxes for promoting any religion.
Article 28: Freedom from attending religious instruction in educational institutions maintained by the state.
5. Cultural and Educational Rights (Articles 29–30)
These rights protect the culture, language, and heritage of minority communities:
Article 29: Protection of the interests of minorities and their right to conserve culture.
Article 30: Right of minorities to establish and administer educational institutions of their choice.
6. Right to Constitutional Remedies (Article 32)
This right allows citizens to directly approach the Supreme Court if their rights are violated. Dr. Ambedkar termed Article 32 the "heart and soul of the Constitution." Courts can issue five types of writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto to enforce these rights.
Landmark Judgments on Fundamental Rights
Several landmark judgments have expanded and protected Fundamental Rights:
Kesavananda Bharati vs State of Kerala (1973): Introduced the Basic Structure Doctrine, limiting Parliament’s power to amend Fundamental Rights.
Maneka Gandhi vs Union of India (1978): Broadened the scope of Article 21 to include “right to live with dignity.”
Indira Gandhi vs Raj Narain (1975): Reaffirmed equality before law.
Justice K.S. Puttaswamy vs Union of India (2017): Recognized the Right to Privacy under Article 21.
Significance of Fundamental Rights
Fundamental Rights are essential for establishing equality and safeguarding liberty in society. They act as a shield against arbitrary state actions, empower citizens to live freely, and maintain democratic values. By enforcing these rights, courts uphold the rule of law and ensure government accountability. They also promote social justice by eliminating discriminatory practices and providing equal opportunities to all citizens.
Conclusion
The Fundamental Rights enshrined in the Constitution of India are the foundation of its democratic framework. They ensure that every individual enjoys basic freedoms and that the state remains accountable to its people. While subject to reasonable restrictions, these rights have evolved over time through amendments and judicial interpretations to meet modern societal needs. For every citizen, understanding and exercising these rights is crucial, as they are both a guarantee of freedom and a tool for enforcing justice in a vibrant democracy.