Introduction
Fundamental Rights, enshrined in Articles 12 to 35 of Part III of the Indian Constitution, are often referred to as the Magna Carta of India. Inspired by the Bill of Rights in the US Constitution, these rights are guaranteed to all persons without discrimination and form the bedrock of Indian democracy.
Significance of Fundamental Rights
- Promote equality and unity among citizens
- Safeguard individual liberty from state authoritarianism
- Guarantee political democracy
- Restrict despotic rule by the executive and legislature
- Contribute to establishing the ‘rule of law’
- Ensure overall moral, spiritual, mental, physical, and material development of individuals
Key Features
- Qualified in nature, subject to reasonable restrictions
- Some rights available only to citizens, others to all persons
- Negative in nature, prioritizing individual rights over state actions
- Justiciable, allowing legal recourse in case of violation
- Defended and guaranteed by the Supreme Court
- Amendable by Parliament under Article 368
- Most rights can be suspended during National Emergency
Six Fundamental Rights
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right against Exploitation (Articles 23-24)
- Right to Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights (Articles 29-30)
- Right to Constitutional Remedies (Articles 32-35)
Right to Equality (Articles 14-18)
- 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
- Article 18: Abolition of titles, except military and academic distinctions
Right to Freedom (Articles 19-22)
- Article 19: Six freedoms including speech, assembly, association, movement, residence, and profession
- Article 20: Protection against conviction for offenses and double jeopardy
- Article 21: Protection of life and personal liberty
- Article 21A: Right to education for children aged 6-14
- Article 22: Protection against arrest and detention
Right against Exploitation (Articles 23-24)
- Article 23: Prohibition of traffic in human beings and forced labor
- Article 24: Prohibition of employment of children in factories and hazardous employment
Right to Freedom of Religion (Articles 25-28)
- Article 25: Freedom of conscience and free profession, practice, and propagation of religion
- Article 26: Freedom to manage religious affairs
- Article 27: Freedom from taxation for promotion of any religion
- Article 28: Freedom from religious instruction in state-funded educational institutions
Cultural and Educational Rights (Articles 29-30)
- Article 29: Protection of interests of minorities
- Article 30: Right of minorities to establish and administer educational institutions
Right to Constitutional Remedies (Articles 32-35)
- Article 32: Right to move the Supreme Court for enforcement of Fundamental Rights
- Article 33: Power of Parliament to modify rights for armed forces
- Article 34: Restriction on rights during martial law
- Article 35: Legislation to give effect to Fundamental Rights
Exceptions and Restrictions
- Article 31A: Saving of laws providing for acquisition of estates
- Article 31B: Validation of certain Acts and Regulations (Ninth Schedule)
- Article 31C: Saving of laws giving effect to certain directive principles
- Articles 33-35: Power to restrict or suspend Fundamental Rights in certain circumstances
In conclusion, Fundamental Rights in the Indian Constitution serve as a crucial safeguard for individual liberties and democratic values, while also allowing for necessary restrictions to maintain social order and national security.