Fundamental Rights (Constitution of India) Part – III
Flow Chart of Fundamental Rights of the Constitution
Fundamental Rights in Constitution of India
Part 3 of the Indian Constitution, from Articles 14 to Article 35, contains the Fundamental Rights. All of the Fundamental Rights in the Indian Constitution have been borrowed from or influenced by the Bill of Rights in the United States Constitution. Part 3 is often known as the Indian Magna Carta. It contains a broad and thorough list of ‘justiciable’ Fundamental Rights.
The Constitution guarantees all people’s fundamental rights without discrimination. They protect the equality of all people, the dignity of the person, the wider public interest, and national unity. The Fundamental Rights are intended to advance the goal of political democracy. They prevent the emergence of authoritarian and arbitrary control in the country and safeguard the people’s liberties and freedoms against state interference. They serve as checks on the executive’s power and the legislature’s arbitrary laws. In a nutshell, they want to construct “a government of laws, not of men.
The rights are called fundamental rights because ………
- They are most important for overall growth, i.e., material, intellectual, moral, and spiritual and guaranteed by the Constitution, which is enshrined in the Constitution.
- They are justiciable (may be enforced in court). If the Constitution’s rights, particularly the Fundamental Rights, are violated, the Supreme Court and High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery to enforce the Fundamental Rights.
The Characteristics of the Indian Constitution’s Fundamental Rights
- Some Fundamental Rights are only available to citizens, while others are available to all persons, whether citizens, legal persons such as corporations or companies, or foreigners.
- Fundamental rights are conditional, not absolute. They can be subjected to reasonable restrictions imposed by the state. However, the court has the authority to consider the reasonableness of the restrictions.
- All of these can be used to challenge the state’s arbitrary actions. However, some of them are also accessible against the actions of private individuals.
- Some are negative in nature, limiting the authority of the State, while others are positive in nature, granting certain advantages on individuals.
- Fundamental Rights can be justified (enforceable by law). If and when they are violated, people can petition the courts to enforce them. The Supreme Court and High Courts can issue writs under Articles 32 and 226 of the Constitution, respectively, directing the State Machinery to enforce the Fundamental Rights.
- Except for the rights provided by Articles 20 and 21, all Fundamental Rights are suspended during National Emergencies.
- Fundamental Rights might be curtailed in any specific location during military rule.
Definition Of State (Article 12) –
Article 12 defines the term ‘State’ for the purposes of Part III. In this article state includes –
- The Government and Parliament of India, (executive and legislative organs of the Union government.)
- The Government and the legislature of each of the States, (executive and legislative organs of state.) government.
- All local authorities (municipalities, panchayats, district boards, improvement trusts, etc.)
- Other authorities in India or under the control of the Government of India, (statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.)
Laws Inconsistent With Fundamental Rights or (in derogation of the fundamental rights)Article 13
Article 13 of the Indian Constitution states that:
- All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part shall be void to the extent of such inconsistency.
- The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall be void to the extent of the contravention.
- In this article unless the context otherwise required
- – (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
- — (b)“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
- Nothing in this article shall apply to any amendment of this Constitution made under article 368.
Article 13 further states that a constitutional amendment is not a law and hence cannot be disputed. However, in the Kesavananda Bharati case2 (1973), the Supreme Court concluded that a Constitutional amendment can be challenged on the grounds that it violates a fundamental right that is part of the Constitution’s “basic structure,” and so may be considered void.
Fundamental Rights Article 14 – 35
- 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 ( Articles 32-35)
The right to property was removed from the list of Fundamental Rights Article 19(1) (f) and Article 31 in the Indian Constitution by the 44th Constitutional Amendment Act of 1978 and established as a legal right under Article 300-A of Part 12 of the Indian Constitution.
Fundamental Rights Article 14 – 32
| Category (fundamental Rights) | consist with…………… fundamental Rights |
| 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 . |
| Right to freedom (Articles 19–22) | (Article 19) – Protection of six rights regarding freedom of: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (Article 20) – Protection in respect of conviction for offences. (Article 21) – Protection of life and personal liberty. (Article 21A)– Right to elementary education (Article 22) – Protection against arrest and detention in certain cases |
| Right against exploitation (Articles 23–24) | (Article 23) – Prohibition of traffic in human beings and forced labour (Article 24) – Prohibition of employment of children in factories, etc. |
| Right to freedom of religion (Article 25–28) | (Article 25) – Freedom of conscience and free profession, practice and propagation of religion. (Article 26) – Freedom to manage religious affairs . (Article 27) – Freedom from payment of taxes for promotion of any religion . (Article 28) – Freedom from attending religious instruction or worship in certain educational institutions . |
| Cultural and educational rights (Articles 29–30) | (Article 29) – Protection of language, script and culture of minorities (Article 30) – Right of minorities to establish and administer educational institutions . |
| Right to constitutional remedies (Article 32) | (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, and (v) quo war-rento . |
Fundamental Rights for Indian Citizens and Not for Foreigners
| Articles | Fundamental Rights |
| 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 19 | Protection of six rights regarding freedom of : (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession |
| Article 21 | Protection of life and personal liberty |
| Article 30 | Right of minorities to establish and administer educational institutions |
Fundamental Rights available to both citizens and foreigners (except enemy aliens)
| Articles | Fundamental Rights |
| Article 14 | Equality before law and equal protection of laws. |
| Article 20 | Protection in respect of conviction for offences. |
| Article 21 | Protection of life and personal liberty. |
| Article 21A | Right to elementary education. |
| Article 22 | Protection against arrest and detention in certain cases. |
| Article 23 | Prohibition of traffic in human beings and forced labour. |
| Article 24 | Prohibition of employment of children in factories etc. |
| Article 25 | Freedom of conscience and free profession, practice and propagation of religion. |
| Article 26 | Freedom to manage religious affairs. |
| Article 27 | Freedom from payment of taxes for promotion of any religion. |
| Article 28 | Freedom from attending religious instruction or worship in certain educational institutions. |
MCQs
Q. 1 Which part of the Indian Constitution incorporates the Fundamental Rights?
- a) Part I
- b) Part III
- c) Part IV
- d) Part VI
Answer: b) Part III
Q. 2 How many original Fundamental Rights were there in the Constitution of India at the time of commencement?
- a) Five
- b) Six
- c) Seven
- d) Eight
Answer: b) Six
Q. 3 Which Fundamental Right ensures that all citizens are equal before the law and prohibits discrimination on grounds of religion, race, caste, sex or place of birth?
- a) Right to Freedom
- b) Right against Exploitation
- c) Right to Equality
- d) Right to Religion
Answer: c) Right to Equality
Q. 4 The Right to Education was inserted as a Fundamental Right in the Constitution of India by………..
- a) 44th Amendment Act
- b) 42nd Amendment Act
- c) 86th Amendment Act
- d) 74th Amendment Act
Answer: c) 86th Amendment Act
Q. 5 Which Fundamental Right can be suspended by the President of India during a Emergency?
- a) All Fundamental Rights
- b) None of the Fundamental Rights
- c) Some Fundamental Rights
- d) Right to Life and Personal Liberty only
Answer: c) Some Fundamental Rights
Q. 6 Fundamental Rights in the Constitution of India can be amended under which provision?
- a) Article 15
- b) Article 19
- c) Article 368
- d) Article 44
Answer: c) Article 368
Q. 7 Which article of the Constitution of India provides for the Right to Constitutional Remedies?
- a) Article 32
- b) Article 21
- c) Article 19
- d) Article 15
Answer: a) Article 32
Q. 7 Which Fundamental Right guarantees the freedom to profess, practice, and propagate any religion?
- a) Right to Equality
- b) Right to Freedom of Religion
- c) Right against Exploitation
- d) Cultural and Educational Rights
Answer: b) Right to Freedom of Religion
Q. 8 Fundamental Rights are available to:
- a) Only Indian citizens
- b) Only adults (above 18 years)
- c) All citizens, including non-citizens living in India
- d) Only government officials
Answer: c) All citizens, including non-citizens living in India
FAQs
Q. 1 What are Fundamental Rights in the Constitution of India?
Fundamental Rights are a collection of constitutional provisions that safeguard individual liberty and assure equality before the law.
Q. 2 How many Fundamental Rights are there in Constitution of India?
There are six Fundamental Rights in the Indian Constitution originally, but a seventh right was added through the 86th Amendment Act in 2002.
Q. 3 Are Fundamental Rights absolute?
No, Fundamental Rights are not absolute. They are subject to reasonable restrictions imposed by the State in the interest of sovereignty and integrity of India, security of the State, friendly relations with foreign countries, public order, decency, morality, etc.
Q. 4 What is the Right to Constitutional Remedies?
The Right to Constitutional Remedies allows citizens to move to the Supreme Court or High Courts if their Fundamental Rights are violated. It ensures the enforcement of other Fundamental Rights.
Q. 5 Can Fundamental Rights be waived by an individual?
No, an individual cann’t waive their Fundamental Rights. These rights are inherent and cannot be waived voluntarily.
Q. 6 What happens if a Fundamental Right is violated?
If a Fundamental Right is violated, individuals can approach the judiciary for redressal through writ petitions under Article 32 (in the case of the Supreme Court) or Article 226 (in the case of High Courts).
Subjective main question for Judiciary Examination
Q. 1 “The fundamental rights guaranteed by the Indian Constitution are not absolute, but are subject to limitations and restrictions.” Discuss the significance of these restrictions and their role in balancing individual rights with the needs of society. Give examples from landmark decisions by the courts to back up your claim.”
Answer — The fundamental rights enshrined in the Indian Constitution are certainly essential in protecting individual liberty and upholding justice, however they are not absolute. These rights are subject to limitations and restrictions that are equally important in preserving a delicate balance between individual liberties and the interests of society. This balance is necessary to prevent abuse of these rights and to ensure that they do not compromise public order, morality, or the overall well-being of the nation.
Article 19(2) to (6) of the Constitution, which establishes reasonable limitations on freedom of speech and expression, assembly, association, mobility, residency, and profession, is one of the most important limitations on fundamental rights. These limitations are intended to prohibit hate speech, incitement to violence, defamation, and disruption of public order.
For example, in the landmark case of Kedar Nath Singh v. State of Bihar (1962), the Supreme Court declared that, while freedom of expression is a fundamental right, it can be limited if it threatens the nation’s security.
Article 21, which guarantees the right to life and personal liberty, is also subject to exceptions, such as the execution of the death penalty in certain circumstances.
The Supreme Court, on the other hand, has consistently held that the death sentence should be imposed only in the “rarest of rare” situation, emphasising the importance of thorough scrutiny and adherence to due process.
Furthermore, the right to property, which was originally considered a fundamental right, has been changed as a legal right under Article 300A, with limitations that allow the state to take private property for public use in exchange for reasonable compensation.
The landmark decision of Kesavananda Bharati v. State of Kerala (1973) reiterated the idea that even fundamental rights can be changed, but not in such a way that the basic structure is destroyed.
Finally, the limitations and restrictions on fundamental rights enshrined in the Indian Constitution serve as vital protections to balance individual liberties with societal interests. These restrictions have emerged as a result of judicial interpretation and are essential in preventing violation of these rights while respecting the principles of justice and equality. Through landmark decisions, the court plays a critical role in ensuring that these restrictions are enforced cautiously, striking a delicate balance between individual rights and the greater welfare of the nation.