Fundamental Rights

UPSC : CSE/IAS - Fundamental Rights

Enshrined in Part III of the Constitution from Articles 12 to 35.Inspired from the Constitution of USA (Bill of Rights).
Fundamental Rights are the Magna Carta of India.
Fundamental Rights are ‘justiciable’.
The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination.
The Fundamental Rights are meant for promoting the ideal of political democracy, guaranteed and protected by the Constitution, which is the fundamental law of the land.

Originally, the Constitution Provided for Seven Fundamental Rights (Presently Six 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)

Note: The right to property was deleted by the 44th Amendment Act, 1978. Now, It is a legal right under Article 300-A in Part XII of the Constitution.

Features:

Available for both Citizens and Foreigners.
They are not absolute but qualified. The state can impose reasonable restrictions on them.
All of them are available against the arbitrary action of the state and some of them are available against the action of private individuals.
Some of them are negative in character and some of them are positive in nature.
They are justiciable.
They are defended and guaranteed by the Supreme Court (the aggrieved person can directly go to the Supreme Court)
They are not sacrosanct or permanent.
They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21.
Their scope of operation is limited by Article 31A (saving of laws providing for acquisition of estates, etc.), Article 31B (validation of certain acts and regulations included in the 9th Schedule) and Article 31C (saving of laws giving effect to certain directive principles).
Their application to the members of armed forces, para-military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).
Their application can be restricted while martial law (‘military rule’) is in force in any area (Article 34).
Most of them are directly enforceable (self-executory) while a few of them can be enforced on the basis of a law made for giving effect to them (Article 35).

List of Fundamental Rights

1. Right to equality (Articles 14–18):

(a) Equality before law and equal protection of laws (Article 14).
(b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
(c) Equality of opportunity in matters of public employment (Article 16).
(d) Abolition of untouchability and prohibition of its practice (Article 17).
(e) Abolition of titles except military and academic (Article 18).

2. Right to freedom (Articles 19–22):

(a) Protection of six rights regarding freedom of:
- (i)speech and expression,
- (ii) assembly,
- (iii) association,
- (iv) movement
- (v) residence
- (vi) profession (Article 19).
(b) Protection in respect of conviction for offences (Article 20).
(c) Protection of life and personal liberty (Article 21).
(d) Right to elementary education (Article 21A).
(e) Protection against arrest and detention in certain cases (Article 22).

3. Right against exploitation (Articles 23–24):

(a) Prohibition of traffic in human beings and forced labour (Article 23).
(b) Prohibition of employment of children in factories, etc. (Article 24).

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

(a) Freedom of conscience and free profession, practice and propagation of religion (Article 25).
(b) Freedom to manage religious affairs (Article 26).
(c) Freedom from payment of taxes for promotion of any religion (Article 27).
(d) Freedom from attending religious instruction or worship in certain educational institutions (Article 28).

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

(a) Protection of language, script and culture of minorities (Article 29).
(b) Right of minorities to establish and administer educational institutions (Article 30).

6. Right to constitutional remedies (Article 32):

Right to move the Supreme Court for the enforcement of fundamental rights including the writs of

(i) habeas corpus
(ii) mandamus
(iii) prohibition
(iv) certiorari
(v) quo war-rento (Article 32).