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FUNDAMENTAL RIGHTS OF INDIA
Part III of the Constitution, containing fundamental rights, is often referred to as the Magna Carta of India. These fundamental rights protect individuals against state actions, not private actions. Individuals need constitutional protection against the state, while private actions are sufficiently protected by ordinary law. The fundamental rights provided in Part III of the Constitution serve as a guarantee against state actions, ensuring that every person can develop their personality to the fullest extent. They remind the government that certain liberties assured by the Constitution must be respected.
Importance of Fundamental Rights
In the landmark judgment of Maneka Gandhi v. Union of India, Justice Bhagwati observed that fundamental rights reflect the core values cherished by the people of India since ancient times.
They protect the dignity of the individual and create conditions for personal development. They form a pattern of guarantees on the basic structure of human rights and impose obligations on the state to not encroach on individual liberty.”
In Nagraj v. Union of India, the Supreme Court stated that fundamental rights are not a gift from the state to citizens. Part III of the Constitution does not confer fundamental rights but confirms their existence and provides protection. Individuals have basic human rights simply because they are human, regardless of any constitution.
Purpose of Fundamental Rights
The inclusion of Fundamental Rights in the Indian Constitution aims to establish a government of law, not of man, ensuring that the tyranny of the majority does not oppress the minority. It aims to establish the Rule of Law, providing security, equality of citizenship, and standards of conduct, justice, and fair play.
Classification of Fundamental Rights
The fundamental rights in the Indian Constitution are classified into six groups:
- Right to equality (Articles 14-18).
- Right to freedom (Articles 19-22).
- Right against exploitation (Article 23-24).
- Right to freedom of religion (Articles 25-28).
- Cultural and educational rights (Articles 29-30).
- Right to constitutional remedies (Articles 32).
The 44th Amendment has abolished the right to property as a fundamental right as guaranteed by Article 19(1)(f) and Article 31 of the Constitution, and hence Article 19(1)(f) and Article 31 has been omitted.
RIGHT TO EQUALITY (ARTICLES 14-18)
Articles 14 to 18 of the Constitution guarantee the right to equality for every Indian citizen.
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- Article 14: Ensures equality before the law and prohibits unreasonable discrimination.
- Article 15: Prohibits discrimination against citizens based on religion, race, caste, sex, or place of birth.
- Article 16: Guarantees equal opportunities in public employment.
- Article 17: Abolishes untouchability.
- Article 18: Abolishes titles.
RIGHT TO FREEDOM (ARTICLES 19-22)
Articles 19 to 22 cover various aspects of basic rights. Article 19 listing six fundamental freedoms which are :-
Article 19(1)(a): Freedom of speech and expression.
Article 19(1)(b): Freedom of assembly.
Article 19(1)(c): Freedom to form associations.
Article 19(1)(d): Freedom of movement.
Article 19(1)(e): Freedom to reside and settle.
Article 19(1)(g): Freedom of profession, occupation, trade, or business.
These freedoms are subject to reasonable restrictions to ensure they do not harm the community.
(ARTICLE 20) PROTECTION IN RESPECT OF CONVICTION FOR OFFENCES
Article 20 of the Indian Constitution provides safeguards for individuals accused of crimes:
Clause (1): Protection against retrospective criminal laws.
Clause (2): Protection against double jeopardy.
Clause (3): Protection against self-incrimination.
(ARTICLE 21) PROTECTION OF LIFE AND PERSONAL LIBERTY
Article 21 states that no person shall be deprived of life or personal liberty except according to the procedure established by law. This article protects individuals from both executive and legislative actions, requiring any deprivation of life or liberty to follow a just, fair, and reasonable legal procedure.
(Article 21A) Right to Education
The 86th Amendment Act, 2002, added Article 21A, making the right to education a fundamental right. It mandates the state to provide free and compulsory education to children aged 6 to 14 years.
(ARTICLE 22) SAFEGUARDS AGAINST ARBITRARY ARREST AND DETENTION
Article 22 outlines procedural requirements for laws that deprive individuals of life and liberty. It covers:
Clauses (1) and (2): Protection against arbitrary arrest under ordinary criminal law.
Clauses (3) to (6): Protections for individuals detained under preventive detention laws.
RIGHT AGAINST EXPLOITATION (ARTICLES 23-24)
(Article 23) Prohibition of Traffic in Human Beings’ and Forced Labour
Prohibition of Traffic in Human Beings and Forced Labour (Article 23)
Article 23 prohibits human trafficking and forced labor, including bonded labor. It applies to both citizens and non-citizens, placing a duty on the state to eliminate these practices.
It is to be noted that the protection of this Article is available to both citizens as well as non-citizens.
Article 24: Prohibits the employment of children in factories.
Article 24 prohibits the employment of children below 14 years in factories and hazardous work to protect their health and safety.
Right to freedom of religion (Articles 25-28)
(Article 25) Freedom of conscience and Religion
Article 25 Guarantees the freedom of conscience and the right to profess, practice, and propagate religion, subject to public order, morality, and health.
(Art. 26) Freedom to manage religious affairs
Article 26 allows religious groups to manage their own affairs, establish institutions, and own property, subject to public order, morality, and health.
(Art. 27) Freedom from Taxes for Religious Promotion
Article 27 ensures that no person is compelled to pay taxes for promoting any particular religion, maintaining the secular nature of the state.
(Article 28) Prohibition of Religious Instruction in State-Funded Institutions
Article 28 prohibits religious instruction in state-funded educational institutions, with certain exceptions for institutions established under specific endowments or trusts.
CULTURAL AND EDUCATIONAL RIGHTS (ARTICLES 29-30)
Protection of Interests of Minorities (Article 29)
Article 29 guarantees any section of citizens with a distinct language, script, or culture the right to conserve it.
Article 30: Grants minorities the right to establish and administer educational institutions.
Article 30 grants minorities the right to establish and administer educational institutions of their choice without discrimination in receiving state aid.
Art. 29 applies only to citizens while Article 30 applies to both citizens and non-citizens.
RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLES 32)
Article 32 provides the right to approach the Supreme Court for the enforcement of fundamental rights. It allows the Supreme Court to issue various writs to protect these rights, ensuring an effective remedy against their violation.
Dr. B.R. Ambedkar described Article 32 as the “soul of the Constitution,” emphasizing its importance in making fundamental rights enforceable.
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