Fundamental Rights in India

Fundamental rights in India are the basic rights that are guaranteed to every citizen of India under the Constitution. These rights ensure that every individual is treated equally and has the freedom to live their life with dignity and respect. Fundamental Rights in Indian constitution is inspired by the ‘Bill of Rights’ (Fundamental Rights) included in the constitution of the USA. Originally, the constitution provided for 7 Fundamental Rights. However, the Right to property was deleted by the 44^th amendment act, 1978.

What are Fundamental Rights?

Fundamental rights are essential for the overall development and progress of any country. In India, the fundamental rights provide a sense of security to its citizens, ensuring that they are treated fairly and with respect. These rights act as a check on the government’s power and prevent any form of tyranny or abuse of power. They also ensure that the government’s actions are in the interest of the people and not in the interest of any particular group.

Types of Fundamental Rights in India

The fundamental rights in India are divided into six categories:

Right to Equality: The right to equality ensures that every individual is treated equally before the law. This includes the right to equal protection under the law, the right to non-discrimination, and the right to equal opportunities in public employment.
Right to Freedom: The right to freedom includes the right to freedom of speech and expression, the right to peaceful assembly, the right to form associations or unions, the right to move freely throughout the country, and the right to practice any profession or occupation.
Right against Exploitation: This right prohibits any form of forced labor or trafficking, and also ensures the protection of children from exploitation.
Right to Freedom of Religion: The right to freedom of religion includes the right to practice any religion of one’s choice, the right to promote and propagate religion, and the right to manage religious affairs.
Cultural and Educational Rights: This right ensures the preservation of language, culture, and script of minorities, and the right of all citizens to education.
Right to Constitutional Remedies: This right allows individuals to seek legal remedies if their fundamental rights are violated. This includes the right to file a writ petition in the High Court or Supreme Court.

Right to Equality

It is enshrined in Articles 14-18 of the Constitution, and is considered one of the cornerstones of the Indian democratic system.

Article 14 of the Constitution states that “the State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India”. This means that every person, regardless of their caste, creed, gender, religion, or economic status, is entitled to equal protection under the law.
Article 15 of the Constitution prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. This means that no person can be discriminated against on the basis of these factors.
Article 16 of the Constitution guarantees equality of opportunity in matters of public employment. This means that no citizen can be discriminated against in matters of public employment on the grounds of religion, race, caste, sex, descent, place of birth, or any of them.
Article 17 of the Constitution abolishes untouchability and prohibits its practice in any form.
Article 18 of the Constitution prohibits the state from conferring any titles, except military and academic ones, and also prohibits the acceptance of titles from foreign states.

Right to Freedom

It is enshrined in Articles 19-22 of the Constitution and is a cornerstone of India’s democratic system.

Article 19 of the Constitution guarantees to all citizens of India the right to freedom of speech and expression, the right to assemble peaceably and without arms, the right to form associations or unions, the right to move freely throughout the territory of India, and the right to practice any profession, occupation, or trade.
Article 20 of the Constitution provides protection against ex post facto laws, double jeopardy, and self-incrimination
Article 21 of the Constitution provides for the right to life and personal liberty. This includes the right to a fair and just trial, the right to legal aid, the right to humane treatment, and the right to not be subjected to arbitrary arrest or detention.
Article 22 of the Constitution provides for protection against arrest and detention in certain cases. It also provides for the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours of arrest.

Right against Exploitation

It is enshrined in Articles 23 and 24 of the Constitution and is aimed at preventing exploitation of vulnerable sections of society.

Article 23 of the Constitution prohibits trafficking in human beings, begar (forced labor), and other forms of forced labor.
Article 24 of the Constitution prohibits the employment of children under the age of 14 in any factory, mine, or other hazardous occupations.

Right to Freedom of Religion

It is enshrined in Articles 25-28 of the Constitution and is aimed at protecting the religious freedom of every citizen.

Article 25 of the Constitution guarantees to every person the freedom of conscience and the right to freely profess, practice, and propagate any religion. This means that every person in India has the right to follow and practice any religion of their choice.
Article 26 of the Constitution guarantees to every religious denomination the right to manage its own affairs in matters of religion. This means that every religious group has the right to establish and maintain institutions for religious and charitable purposes and manage their own affairs without interference from the State.
Article 27 of the Constitution prohibits the State from compelling any person to pay taxes for the promotion or maintenance of any particular religion.
Article 28 of the Constitution prohibits the religious instruction in any educational institution wholly maintained out of State funds.

Cultural and Educational Rights

They are enshrined in Articles 29-30 and are aimed at protecting the cultural and educational rights of minority communities in India.

Article 29 of the Constitution guarantees to any section of citizens having a distinct language, script, or culture of its own, the right to conserve the same. This means that every citizen in India has the right to protect and preserve their own language, script, and culture. It also provides for the right to establish and administer educational institutions of their choice.
Article 30 of the Constitution provides for the right of minorities, whether based on religion or language, to establish and administer educational institutions of their choice. This means that minorities in India have the right to establish and run their own educational institutions without interference from the State. The State can regulate such institutions, but it cannot discriminate against them on the basis of religion, language, or any other grounds.

Right to Constitutional Remedies

It is enshrined in Article 32 and is considered the most important and powerful right guaranteed by the Constitution. It provides for the right of every citizen to approach the Supreme Court of India for the enforcement of their fundamental rights.

Article 32 of the Constitution states that any person who feels that their fundamental rights have been violated can approach the Supreme Court for their enforcement. The Supreme Court has the power to issue writs, such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto, to enforce the fundamental rights guaranteed by the Constitution.

Violation of Fundamental Rights

Article 13 of India Constitution (doctrine of judicial review) provides that any law that is inconsistent with or in contravention of the fundamental rights guaranteed shall be void.

The purpose of Article 13 is to ensure that the fundamental rights guaranteed under the Constitution are not violated by the State or Central Government. It also provides a mechanism for citizens to challenge any law or action of the government that violates their fundamental rights.

Article 13 is an essential provision that protects the constitutional rights of citizens and helps to maintain the rule of law in India. It is an important tool for the judiciary to ensure that the government acts in accordance with the Constitution and that the rights of citizens are protected.

Equality before Law and Equal Protection of Laws

The concepts of Equality before Law and Equal Protection of Laws are two fundamental principles enshrined in the Constitution of India.

Equality before Law

It means that every person, regardless of their social or economic status, is equal in the eyes of the law. This means that the law applies equally to all citizens, and there can be no discrimination or preferential treatment on the basis of race, religion, caste, gender, or any other factor.

Equal Protection of Laws

It means that the State cannot discriminate against any person or group of persons. It is a constitutional guarantee that every citizen is entitled to the same treatment under the law. The State cannot pass laws that discriminate against any person or group of persons, nor can it apply the law in a discriminatory manner.

Overall, the principles of Equality before Law and Equal Protection of Laws are crucial components of India’s democratic system and play an important role in upholding the rule of law and protecting the rights of citizens.

What is Rule of law?

The Rule of Law is a fundamental principle of democratic governance and is enshrined in the Constitution of India. It refers to the principle that every person, including the government, is subject to the law, and that no one is above the law. It means that the law is supreme and applies equally to all citizens, regardless of their social or economic status.

The Rule of Law ensures that the government acts in accordance with the law, and that its actions are transparent, accountable, and predictable. It is a crucial component of a democratic system as it ensures that the government is held accountable for its actions, and that citizens are protected from arbitrary exercise of power.

Writs in India

Writs are a type of legal order issued by the higher courts in India to enforce fundamental rights and protect citizens from the arbitrary exercise of power by the government. There are five types of writs recognized in the Constitution of India:

Habeas Corpus: It is a Latin term that means “you may have the body.” This writ is used to ensure that a person who has been unlawfully detained or arrested is brought before the court. It is used to safeguard individual liberty and prevent arbitrary detention.
Mandamus: It is a Latin term that means “we command.” This writ is issued to public officials or bodies to perform a specific duty that they are obligated to perform under the law. It is used to enforce the rights of citizens and ensure that public officials do not abuse their power.
Prohibition: This writ is used to prohibit a lower court or tribunal from exceeding its jurisdiction or acting contrary to the rules of natural justice. It is used to prevent the misuse of power by lower courts and tribunals.
Certiorari: This writ is used to quash the order of a lower court or tribunal if it has exceeded its jurisdiction or acted beyond the scope of its authority. It is used to protect the rights of citizens and ensure that the lower courts and tribunals do not exceed their powers.
Quo Warranto: This writ is used to question the authority of a person holding public office. It is used to ensure that public officials are not holding office without the necessary qualifications, and it is used to prevent the abuse of power by public officials.

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