Fundamental Rights in the Indian Constitution
Introduction:
Fundamental Rights are one of the integral parts of the Indian Constitution. Part III of the
Indian Constitution, that is, Articles 12 to 35 contain these rights. Fundamental Rights
guaranteed to every citizen are the basis of India's commitment to providing personal
liberty, equality, and justice. The Constitution of India, drafted in 1949, was intended to
establish a legal framework that would safeguard the rights of the individual against
arbitrary action by the government, with the aim of establishing a just, fair, and equitable
society. The emphasis on Fundamental Rights in the Indian Constitution is reflective of its
commitment to democracy and rule of law.
Historical Background:
The legislations that were in place before the Indian Constitution came into existence
included the Government of India Act, 1935, which had provisions for the protection of
some rights, but these were limited in scope and effectiveness. The Indian freedom struggle,
led by figures like Mahatma Gandhi and Jawaharlal Nehru, emphasized the need for
fundamental freedoms for all citizens. In this context, a dedicated section on Fundamental
Rights in the Indian Constitution was considered necessary to ensure these freedoms and
dignity for all citizens.
The provisions regarding Fundamental Rights were based on the Universal Declaration of
Human Rights (UDHR) and other international instruments. The drafters of the Constitution
believed that Fundamental Rights were necessary for the growth of human dignity and
protection of individual liberties.
Categories of Fundamental Rights:
The Fundamental Rights in the Indian Constitution are divided into six broad categories,
each addressing specific aspects of civil liberties and individual freedoms.
1. Article 14-18: Right to Equality:
Right to equality asserts that everyone is equal before the law and that nobody is
discriminated against, on grounds of religion, race, caste, sex, or place of birth.
Article 14 safeguards equality before law and equal protection of the laws. This aspect
means that there should not be any denial on the part of the state denying a person any
equality in such legal protection or any discrimination because of any kind of arbitrary
restriction.
Article 15 safeguards against discrimination founded on religion, race, caste, sex or place of
birth. This right ensures that discrimination cannot be levied on someone.
Article 16 provides equality of opportunity in matters of public employment, ensuring that
no citizen is denied government employment based on unjustifiable grounds.
Article 17 abolishes "untouchability" and forbids its practice in any form. This provision is a
significant step toward achieving social justice and eliminating caste-based discrimination.
Article 18 removes titles except military or academic distinction to avoid bestowing undue
privileges based on status or privilege upon any person.
2. Right to Freedom (Articles 19-22):
The Right to Freedom gives a variety of civil liberties and safeguards individuals from
arbitrary action on the part of the state.
Article 19 offers the freedom of speech and expression, assembly, association, movement,
residence, and profession. But the said freedoms are not absolute. In the interests of
national security, public order, or morality, the state may impose reasonable restrictions
upon them.
Article 20 prohibits arbitrary arrest and detention. It makes sure that no person is convicted
of an offense without ensuring a fair trial, and no person is twice put in jeopardy of
punishment or compelled to be a witness against himself.
Article 21 is one of the most significant provisions in the Indian Constitution. It guarantees
that no person shall be deprived of their life or personal liberty except according to the
procedure established by law. The interpretation of this article has expanded over time to
include various rights, such as the right to a clean environment, the right to education, and
the right to privacy.
Article 22 protects a person from arrest and detention under certain circumstances. Thus,
everyone has the right to know the grounds for arrest and should be taken before a
magistrate within the period of 24 hours.
3. Right Against Exploitation (Articles 23-24):
Article 23prohibits human trafficking and bonded labor. It says no person shall be compelled
to perform forced labor or any other form of labor against his will. This provision has been
vital in combating human trafficking and bonded labor in India.
Article 24 prohibits the employment of children below the age of 14 years in factories,
mines, or other hazardous occupations. This provision is a critical safeguard against child
labor and exploitation.
4. Right to Freedom of Religion (Articles 25-28):
Article 25 secures freedom of conscience and right to freely profess, practice and propagate
religion. This right has been granted in order to be able to allow individuals to perform their
religious thoughts without any restriction from the government, with regards to public order,
health and morality.
Article 26 empowers religious communities to establish or maintain institutions necessary
for religious teaching and worship, and to administer their own affairs in matters of religion.
Article 27 provides that no one is forced to pay taxes for the propagation or administration
of any religion.
Article 28 restricts religious teaching in state-owned educational institutions and guarantees
that education is secular.
5. Cultural and Educational Rights (Articles 29-30):
Article 29 protects the rights of minorities to conserve their language, script, and culture. It
ensures that no citizen is denied admission to any educational institution on the grounds of
religion, race, caste, or language.
Article 30 gives the right to minorities to establish and administer their educational
institutions. This is an important provision for the educational interests of minorities and for
preserving their cultural heritage.
6. Right to Constitutional Remedies (Article 32):
Article 32 is often referred to as the "heart and soul" of the Indian Constitution by Dr. B.R.
Ambedkar. It affords a direct right to come to the Supreme Court if fundamental rights are
breached. This will enable citizens to seek redress for violation and ensure the safeguarding
of civil liberties. Such rights can be enforced by way of issuing appropriate writs issued by
the Supreme Court, viz., habeas corpus, mandamus, prohibition, quo warranto, and
certiorari. Significance of Fundamental Rights
The Fundamental Rights are essential to safeguard individual liberties and ensure that the
government cannot act arbitrarily. Such rights have the legal backing that allows a citizen to
bring any violation of the rights into question and get redressed accordingly. They provide
the bedrock for a democratic society where individuals can express their thoughts, carry on
their religion, and lead lives of dignity and equality.
In addition, Fundamental Rights act as a check on the power of the government. They
ensure that the state's actions are within constitutional boundaries and protect citizens from
any overreach by the executive or legislative branches.
Limitations of Fundamental Rights
Fundamental Rights are very important, but they are not absolute. The Constitution provides
for certain reasonable restrictions on these rights. These restrictions are primarily to balance
individual freedoms with the interests of the community, national security, public order, and
morality. For instance, the Right to Freedom of Speech and Expression can be restricted in
the interest of national security or to prevent defamation.
Moreover, some limitations to rights the government can impose during emergency times
are specified by Articles 352, 356, and 360. The government, however can suspend or curtail
some Fundamental Rights during an emergency though there are protection zones for some
rights and some of them like the Right to Life and Personal Liberty under Article 21.
