Dr BR Ambedkar had termed the fundamental rights as the most citizen friendly provisions of the body and are the rights which encapsulate the fundamental ideas which citizens have held dear since the Vedic era. These are significant for protecting the fundamental freedoms of the people and serve as the nation’s backbone since they defend the rights of all people including their respect and nation’s unity. They matter since they are necessary for individuals to achieve their conceptual, ethical and spiritual potential.
Fundamental rights refers to the basic human freedoms guaranteed under Part III of the Constitution of India in various areas like equality, freedom, protection against exploitation, to ensure the liberty of citizens. These rights are enforceable in nature which means that the individuals have the right to approach the court in case of their violation. Under the Constitution of India, while some rights are only available to citizens such as prohibition of discrimination on grounds of race, religion, caste, gender or place of birth, equality of opportunity in terms of public employment, freedom of speech and expression, Association, Assembly, Movement, Residence and profession and cultural and educational rights, some are also available to foreigners such as the right to equality, life and personal liberty.
Fundamental rights which are enshrined in Part III of the Indian Constitution were inspired by the framers of the Constitutions from the Universal Declaration of Human Rights as well as various democratic Constitutions including that of the United States of America. They were included in the Constitution for protecting the freedom of individuals, ensuring social justice by guaranteeing essential civil, political, and economic rights to all citizens and safeguarding the individuals against the abuse of power.
Article 12 to 35 of the Indian Constitution lay down the constitutional foundation of fundamental rights to ensure protection of the human rights which are basic for all the citizens. These rights, these form a crucial aspect of the country’s democratic framework. While article 12 of the Constitution lays down the definition of the “state” against whom individuals can approach courts in case of violation of fundamental right, article 14 deals with the Right to Equality, Article 19 deals with the right to freedom of speech and expression and article 21 safeguards the right to life and personal liberty. Article 23 and 24 protect against exploitation and article 25-28 provide for freedom of religion. Article 29-30 safeguards the rights of minorities in educational institutions and article 32 allows individuals to approach the Supreme Court in case of violation of their fundamental rights.
The fundamental right to equality which is provided from Articles 14-18 of the Constitution is an essential right which facilitates equal treatment of citizens before the law irrespective of their caste, race, gender, religion and place of birth. Article 15 of the Constitution specifically prohibits discrimination on grounds of religion, race, caste, sex, or place of birth and Article 16 provides for equality of opportunity in public employment, prohibiting discrimination in government jobs, while article 17 abolishes any form of untouchability.
The fundamental right to freedom enshrined under article 19 of the Constitution safeguards various freedoms of the citizens including speech and expression, assembly, association, movement, residence, and the right to practice any profession or occupation, subject to reasonable restrictions. While article 20 provides protection against self incrimination and double jeopardy, article 21 safeguards the life and personal liberty of citizens and states that the same cannot be taken without following due process of law. Article 22 protects an individual against arrest and detention.
The fundamental right against exploitation safeguards the dignity of individuals by prohibiting employment of children in mines, factories, and hazardous employment , misuse of service by force or persuasion as well as buying and selling of humans like commodities.
The fundamental right to freedom of religion allows all the citizens the right to practice, profess and propagate religion of their choice, while article 26 of the Constitution grants religious denominations the freedom to manage their religious affairs by establishing and maintaining institutions for religious purposes. Article 27 prohibits compelling persons to pay taxes for promoting any religion.
Cultural and educational rights are divided in two parts: article 29 and 30. While article 29 aims to protect the rights of the minorities by guaranteeing them the right to protect their distinct language, script, and culture, article 30 safeguards the rights of religious and linguistic minorities by enabling them to establish and administer educational institutions of their choice.
Article 32 which is termed as the “heart and soul” of the Constitution since it allows citizens and non citizens to approach the Supreme Court for enforcing their fundamental rights in case of violation by the instrumentalities of the “state”.
In AK Gopalan v State of Madras (1950) SCR 88, the Supreme Court had held that if the state deprives an individual of its personal liberty ie detains a person, by following the procedure established by law, then it cannot be said to be violative of article 14, 19 and 21 of the Constitution, however the Supreme Court had revisited this verdict in Maneka Gandhi v Union of India (AIR 1978 SC 597) and held that the right to go abroad forms a part of the right to personal liberty under article 21 and the procedure established by law needs to be fair, just and reasonable, not fanciful, oppressive or arbitrary.
In ADM Jabalpur v Shivkant Shukla, the (1976) 2 SCC 521, a Constitution bench had held that right of the citizens to move the high courts under article 226 for filing a writ of habeas corpus to challenge illegal detention by state, during the proclamation of emergency, will remain suspended. However, in Justice K.S. Puttaswamy (retd.) Vs. Union of India and Ors, (2017) 10 SCC 1, the Supreme Court overruled the ruling holding that the right to life and personal liberty cannot be suspended even when the emergency is in operation.
In His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala, AIR 1973 SC 1461, 13 judge bench of the Supreme Court has held that the “basic structure of the Constitution” cannot be abrogated even by a constitutional amendment.”
Though the Constitution provides individuals with a remedy to approach the court in case of violation of their fundamental right but also lays down the reasonable restrictions which are imposed by the state during the implementation of these rights by framing a law. Article 19 of the Constitution confers 6 fundamental freedoms, however they are not absolute and subject to reasonable restrictions. While the fundamental right to freedom of speech and expression can be restricted in cases where the expression may incite violence, promote hatred, or endanger national security as well as sovereignty and integrity of India. The freedom to assemble peacefully can be restricted if there is a likelihood that the same might lead to violence, disrupt public order, or pose a risk to national security and freedom to move freely can be limited in case of public emergency, national security concerns, or to prevent the spread of disease. However the imposition of these restrictions should be in public interest, proportional to the need and applied in a just and a fair manner.
Fundamental rights enshrined under Part III of the Constitution refers to the legal rights guaranteed to all the citizens and are enforceable by the court. Directive Principles of State Policy enshrined under Part IV of the Constitution are the principles to be followed by the government for establishing a just society to promote social and economic welfare. DPSP’s are however non justiciable, meaning they cannot be enforced by a court of law.
The judiciary acts as a guardian of fundamental rights and ensures that the same are upheld since citizens have an option of approaching the Supreme Court by filing a writ under article 32 of the Constitution and High Court by filing a writ under article 226 of the Constitution. To provide immediate relief, the Supreme Court and the High Court have the power to issue various writs such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto.
Fundamental rights are the basic human rights guaranteed under the Constitution to every citizen of India and thus it is imperative for everybody to be aware about their existence so that individual can approach the court in case of violation.
The Constitution of India provides for six fundamental rights which are laid down under Part III.
No fundamental rights cannot be amended by the government. In His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala, the Supreme Court had held that though the Parliament can amend the Constitution certain core principles, such as fundamental rights and the basic structure of the Constitution, cannot be altered in a way that undermines their essence.
In case of violation of fundamental rights, the citizens have an option of approaching the Supreme Court by filing a writ under article 32 of the Constitution and High Court by filing a writ under article 226 of the Constitution.
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