FUNDAMENTAL RIGHTS

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India, being a democratic nation, guarantees its citizens certain essential rights that safeguard their freedom and dignity. These are known as Fundamental Rights, and they are protected by the judiciary against any violation. Borrowed in spirit from the Bill of Rights in the U.S. Constitution, they are often regarded as the Magna Carta of the Indian Constitution.

Enshrined in Part III of the Constitution (Articles 12 to 35), Fundamental Rights form the backbone of Indian democracy. Unlike ordinary legal rights, they are justiciable in nature, meaning that citizens can directly approach the courts if these rights are infringed.

Key Features of Fundamental Rights

Fundamental Rights are the essential rights guaranteed by the Indian Constitution to ensure equality, freedom, and justice for every individual. These rights form the foundation of democracy in India and are enforceable by law. Below are the key features of Fundamental Rights as enshrined in the Constitution:

1. Inspiration from Global Charters: The concept of Fundamental Rights in India draws inspiration from the American Bill of Rights and the French Declaration of the Rights of Man and the Citizen. Additionally, the philosophies of European thinkers like John Locke, Rousseau, and Montesquieu, who emphasized natural rights and individual liberty, deeply influenced their inclusion.

2. Justiciable and Enforceable: Fundamental Rights are legally enforceable. Citizens can directly approach the Supreme Court or High Courts if their rights are violated. The enforcement mechanisms include:

• Judicial Review: The power of courts to examine the constitutionality and legality of laws or government actions.
• Writs (Article 32): Directions issued by higher courts to safeguard rights. Dr. B.R. Ambedkar described Article 32 as the “heart and soul” of the Constitution because it guarantees the right to constitutional remedies.

3. Applicability of Fundamental Rights: Some rights are available only to Indian citizens (Articles 15, 16, 19, 29, and 30), while others extend to all persons, including foreigners and legal entities like corporations or companies.

4. Definition of ‘State’ under Article 12: The term “State” in the context of Fundamental Rights is broadly defined in Article 12. It includes:

• The Government and Parliament of India
• State Legislatures and Governments
• Local authorities (like municipalities, panchayats, etc.)
• Other statutory and non-statutory bodies performing public functions

Purpose and Significance of Fundamental Rights

The Fundamental Rights are not just legal provisions but the foundation of political democracy in India. They safeguard personal liberties, protect individuals from state oppression, and establish the principle of a “government of laws, not of men.” Their importance lies in promoting freedom, justice, and equality—values that are at the core of the Indian democratic framework.

So, Fundamental Rights are called “fundamental” because they are protected by the Constitution, the supreme law of the land, and are indispensable for the progress and well-being of both individuals and the nation.

Six Fundamental Rights of the Indian Constitution

Originally, the Constitution provided for seven Fundamental Rights viz.

1. Right to equality (Articles 14–18)

2. Right to freedom (Articles 19–22)

3. Right against exploitation (Articles 23–24)

4. Right to freedom of religion (Articles 25–28)

5. Cultural and educational rights (Articles 29–30)

6. Right to property (Article 31)

7. Right to constitutional remedies (Article 32)

However, the right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution. So, at present, there are only six Fundamental Rights.

1. 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 matters of public employment Article 17: Abolition of untouchability and prohibition of its practice Article 18: Abolition of titles except military and academic

2. Right to freedom (Articles 19–22)

Article 19: Protection of six rights regarding freedom of

1. speech and expression,
2. assembly,
3. association,
4. movement,
5. residence, and
6. profession

Article 20: Protection in respect of conviction for offences

This right protects individuals from arbitrary state actions in criminal proceedings. The key safeguards include:

• No Ex-Post-Facto Laws: A person cannot be convicted for an act that was not considered an offense at the time it was committed, nor can they be given a punishment greater than what was prescribed at that time.
• No Double Jeopardy: An individual cannot be tried or punished more than once for the same offense.
• No Self-Incrimination: No person can be compelled to testify or provide evidence against themselves.

Article 21: Protection of life and personal liberty

This right ensures that no individual can be deprived of life or personal liberty except through a procedure established by law. It acts as a safeguard against the arbitrary actions of the state. Over time, the Supreme Court has given this provision a wide interpretation, extending its scope to include the right to live with dignity, the right to livelihood, the right to health, and the right to privacy.

Article 21A: Right to elementary education

The right to elementary education for children aged 6 to 14 was introduced through the 86th Constitutional Amendment and made effective by the Right to Education (RTE) Act, 2009. This fundamental right guarantees free and compulsory education in neighbourhood schools that adhere to prescribed standards of quality and equity. It places the responsibility on the government and local authorities to provide education and ensure children’s attendance. The Act also prohibits practices such as discrimination, corporal punishment, and admission screening, thereby fostering an inclusive, child-centred learning environment.

Article 22: Protection against arrest and detention in certain cases

This right provides specific fundamental rights to individuals in cases of arrest and detention. It ensures key safeguards such as the right to be informed of the reasons for arrest, the right to consult a legal practitioner, and the right to be presented before a magistrate within 24 hours. However, these protections are not extended to enemy aliens or to individuals detained under preventive detention laws.

3. Right against exploitation (Articles 23–24)

Article 23: Prohibition of traffic in human beings and forced labour

• Prohibition of Trafficking: Article 23 strictly forbids the trafficking of human beings for forced labour, slavery, or any form of exploitation.
• Ban on Forced Labour: Practices such as begging (working without wages, often to pay off debts) and other types of involuntary servitude are completely banned.
• Protection Against Exploitation: Safeguards apply against exploitation not only by the state but also by private individuals.
• Exception for Public Service: The state may require compulsory service for public purposes; however, it must do so without discrimination on the grounds of religion, caste, race, or class.
• Fundamental Right Guarantee: This protection is enshrined as a Fundamental Right, ensuring the dignity and freedom of every individual.
• Punishable by Law: Any violation of Article 23 is treated as a criminal offense and is punishable under Indian law.

Article 24: Prohibition of employment of children in factories, etc.

It bans the employment of children below 14 years of age in factories, mines, and other hazardous occupations to safeguard their health, ensure their safety, and protect their right to education. This constitutional safeguard is further supported by laws such as the Factories Act, 1948, the Mines Act, 1952, and the Child Labour (Prohibition and Regulation) Act, 1986.

4. Right to freedom of religion (Articles 25–28)

Article 25: Freedom of conscience and free profession, practice and propagation of religion

This right ensures that every individual—whether a citizen or a non-citizen—has the freedom to believe in, practice, and propagate their religion. However, this freedom is not unlimited. It is subject to reasonable restrictions in the interest of public order, health, and morality. Moreover, the State holds the authority to frame laws regulating economic, financial, political, or secular activities linked with religious practices. It can also introduce social welfare and reform measures, particularly in the context of Hindu religious institutions.

Article 26: Freedom to manage religious affairs

It provides every religious denomination the right to independently manage its religious affairs, which includes establishing and maintaining institutions, as well as owning and administering property. However, this freedom is not unlimited and remains subject to restrictions related to public order, health, and morality.

Article 27: Freedom from payment of taxes for promotion of any religion

This right ensures that no individual can be forced to pay taxes if the collected funds are specifically allocated for promoting or maintaining any particular religion or religious denomination. The objective of this provision is to safeguard the secular character of the Indian state by prohibiting the government from utilizing public revenue to support or favour any specific faith.

Article 28: Freedom from attending religious instruction or worship in certain educational institutions

It guarantees freedom from compulsory religious instruction or worship in educational institutions. It prohibits the teaching of religion in institutions that are wholly funded by the state, while permitting it in recognized or government-aided institutions, provided there is prior consent. This provision protects both the secular character of public education and the individual’s freedom of conscience. It ensures that no person is compelled to take part in religious activities against their will or, in the case of minors, without the approval of their guardian. In doing so, Article 28 reinforces India’s commitment to secularism and religious freedom.

5. Cultural and educational rights (Articles 29–30)

Article 29: Protection of language, script and culture of minorities

It grants every community the right to protect and promote its unique language, script, and culture, while also prohibiting the denial of admission to government-funded or state-aided educational institutions on the grounds of language. Furthermore, Article 30 gives minorities the authority to establish and manage their own educational institutions. Collectively, these provisions—referred to as Cultural and Educational Rights—safeguard India’s rich diversity and ensure equal opportunities and fair treatment for all sections of society.

Article 30: Right of minorities to establish and administer educational institutions

The Constitution of India, under Article 30(1), guarantees the right of minorities—both religious and linguistic—to establish and administer educational institutions of their choice. This fundamental right empowers minorities to:

• Set up their own educational institutions
• Manage and regulate their internal affairs
• Appoint teachers and staff
• Admit students as per their preferences

However, this right is not unlimited. It is subject to reasonable regulations to maintain academic standards, ensure quality education, and promote efficient administration.

To safeguard and implement these rights, the National Commission for Minority Educational Institutions (NCMEI) was created by Parliament. The NCMEI serves as a statutory body to protect minority communities in the field of education.

6. Right to constitutional remedies (Article 32)

Article 32: Right to move the Supreme Court for the enforcement of fundamental rights, including the writs of:

• Habeas corpus
• Mandamus
• Prohibition
• Certiorari
• Quo warrento

WRITS IN THE INDIAN CONSTITUTION

Fundamental Rights (available to citizens as well as foreigners) (except enemy aliens)

Freedom from payment of taxes for the promotion of any religion.

Protection in respect of conviction for offences.

Protection of personal life and liberty.

Right to elementary education.

Protection against arrest and detention in certain cases.

Prohibition of human trafficking and forced labour.

Prohibition of employment of children in factories.

Freedom of conscience and free profession, practice and propagation of religion.

Freedom to manage religious affairs.

Freedom from payment of taxes for promotion of any religion.

Prohibition of the employment of children in factories.

For More Reading: ETHICS: MEANING, TYPES, AND RELEVANCE IN HUMAN LIFE AND CIVIL SERVICES