Fundamental Rights (Part III of the Indian Constitution)
Introduction
Fundamental Rights are the cornerstone of democracy and an essential feature of the Indian Constitution. These rights aim to protect the individual liberties and dignity of citizens while ensuring social, economic, and political justice. Enshrined in Part III (Articles 12-35) of the Constitution, Fundamental Rights act as a limitation on the power of the state, ensuring that individuals enjoy freedom without arbitrary interference.
The inspiration for Fundamental Rights in India comes from various historical sources, including:
- The Bill of Rights (United States) – Guaranteed civil liberties such as freedom of speech and religion.
- The Universal Declaration of Human Rights (UDHR) – Adopted by the United Nations in 1948, influenced the inclusion of human rights provisions in the Indian Constitution.
- The Irish Constitution – Provided the concept of Directive Principles of State Policy, which complement Fundamental Rights.
While Fundamental Rights are justiciable, meaning that citizens can approach the courts if their rights are violated, they are not absolute. The government can impose reasonable restrictions in certain cases to ensure national security, public order, and the interests of the general public.
Scope and Applicability
- Fundamental Rights primarily protect citizens against arbitrary actions of the state. However, some rights, such as Article 21 (Right to Life and Personal Liberty), also apply against private individuals.
- These rights are enforceable through the Supreme Court (Article 32) and High Courts (Article 226), which have the power to issue writs.
- They cannot be arbitrarily curtailed but can be suspended during a state of emergency (Article 359), except for Articles 20 and 21.
Classification of Fundamental Rights
The Constitution provides six broad categories of 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 (Article 32)
Each of these rights has evolved through judicial interpretations and landmark case laws, ensuring their adaptability to the changing needs of society.
1. Right to Equality (Articles 14-18)
The Right to Equality aims to eliminate discrimination and ensure equal opportunities for all citizens. It prevents arbitrary state actions and promotes social justice.
Article 14 – Equality Before Law and Equal Protection of Laws
- Guarantees that every individual is treated equally before the law.
- Ensures that laws do not discriminate unfairly.
🔹 Case Law: E.P. Royappa v. State of Tamil Nadu (1974 AIR 555) – The Supreme Court held that equality is a dynamic concept, and any arbitrary state action violates Article 14. Read More
Article 15 – Prohibition of Discrimination
- Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
- Allows affirmative action (reservations) for disadvantaged groups.
🔹 Case Law: Indra Sawhney v. Union of India (1992 Supp (3) SCC 217) – Upheld 27% reservation for OBCs but excluded the creamy layer. Read More
Article 16 – Equality in Public Employment
- Ensures equal opportunity in government jobs.
- Permits reservations for SCs, STs, OBCs, and economically weaker sections.
🔹 Case Law: M. Nagaraj v. Union of India (2006 SCC 212) – Reservation in promotions is not a fundamental right but can be granted if necessary. Read More
Article 17 – Abolition of Untouchability
- Declares untouchability an offense.
- Punishable under The Protection of Civil Rights Act, 1955.
🔹 Case Law: State of Karnataka v. Appa Balu Ingale (1993 SCC 212) – Strengthened protection against untouchability. Read More
2. Right to Freedom (Articles 19-22)
Article 19 – Protection of Six Freedoms
- Freedom of speech and expression
- Freedom to assemble peacefully
- Freedom to form associations or unions
- Freedom to move freely throughout India
- Freedom to reside and settle anywhere
- Freedom to practice any profession or business
🔹 Case Law: Romesh Thapar v. State of Madras (1950 AIR 124) – Press freedom is an integral part of Article 19(1)(a). Read More
Article 21 – Right to Life and Personal Liberty
- Covers privacy, dignity, health, clean environment, and more.
🔹 Case Law: K.S. Puttaswamy v. Union of India (2017 10 SCC 1) – Recognized Right to Privacy as a fundamental right. Read More
3. Right Against Exploitation (Articles 23-24)
Article 23 – Prohibition of Human Trafficking and Forced Labor
- Prohibits bonded labor, human trafficking, and child labor.
🔹 Case Law: Bandhua Mukti Morcha v. Union of India (1984 AIR 802) – Strengthened laws against bonded labor. Read More
4. Right to Freedom of Religion (Articles 25-28)
- Ensures secularism while protecting religious practices.
🔹 Case Law: Shirur Mutt Case (1954 AIR 282) – Defined essential religious practices. Read More
5. Cultural and Educational Rights (Articles 29-30)
- Protects minority communities and allows them to establish educational institutions.
🔹 Case Law: T.M.A. Pai Foundation v. State of Karnataka (2002 8 SCC 481) – Minority institutions have the right to admit students of their choice. Read More
6. Right to Constitutional Remedies (Article 32)
Article 32 – Right to Approach the Supreme Court for Rights Violations
Dr. B.R. Ambedkar called Article 32 the “heart and soul of the Constitution”.
🔹 Case Law: Kesavananda Bharati v. State of Kerala (1973 AIR 1461) – Established the Basic Structure Doctrine. Read More
Conclusion
Fundamental Rights form the foundation of Indian democracy, ensuring justice, liberty, and equality. While these rights empower citizens, they also come with reasonable restrictions to balance individual freedom and national interests. Over the years, judicial interpretations have expanded their scope, making them a living document that evolves with time.
By safeguarding these rights, the Indian Constitution upholds its commitment to creating an inclusive and just society. 🚀
References
- The Constitution of India, 1950.
- Supreme Court and High Court judgments from Indian Kanoon.
- H.M. Seervai, “Constitutional Law of India” (2013).
