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FUNDAMENTAL RIGHTS

Introduction

• The fundamental rights in the Indian Constitution are a set of essential rights and freedoms guaranteed to every citizen of India. These rights are enshrined in Part III of the Constitution and are considered the cornerstone of Indian democracy. They include the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
• These fundamental rights ensure that every Indian citizen has the freedom to express themselves, practice their religion, be treated equally before the law, and enjoy various other protections. They serve as a safeguard against any potential abuse of power by the government and are crucial in upholding the principles of justice, liberty, and equality in India.

Classification of Fundamental Rights

• The Fundamental Rights in the Indian Constitution can be classified into six categories:
• Right to Equality: This right guarantees equality before the law and prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
• Right to Freedom: This right guarantees a number of freedoms, including freedom of speech and expression, freedom of assembly, freedom of movement, and the right to practice any profession or occupation.
• Right against Exploitation: This right prohibits trafficking in human beings, forced labor, and employment of children below the age of 14.
• Right to Freedom of Religion: This right guarantees the freedom of conscience and the right to practice, profess, and propagate religion.
• Cultural and Educational Rights: This right guarantees the right of minorities to conserve their languages, scripts, and cultures, and the right to establish and administer educational institutions of their choice.
• Right to Constitutional Remedies: This right guarantees the right to enforce the Fundamental Rights through the courts.
• In addition to these six categories, the Fundamental Rights can also be classified into two broad groups:
• Civil and political rights: These rights are essential for the protection of individual liberty and freedom. They include the right to equality, the right to freedom, and the right to freedom of religion.
• Social and economic rights: These rights are essential for the promotion of human welfare and dignity. They include the right against exploitation and the cultural and educational rights.
• The classification of Fundamental Rights is useful for understanding their scope and ambit. It also helps to identify the different types of rights that are protected by the Constitution.

Salient Features of Fundamental Rights

• The Fundamental Rights guaranteed by the Indian Constitution are characterized by several important features:
• Applicability to All: Some Fundamental Rights are available only to Indian citizens, while others are available to all persons, including foreigners and legal entities like corporations.
• Qualified Rights: Fundamental Rights are not absolute; they can have reasonable restrictions imposed on them by the state. Courts decide whether such restrictions are reasonable, striking a balance between individual rights and the welfare of society.
• Protection Against the State and Private Individuals: These rights protect individuals from arbitrary state actions. Some also provide protection against actions by private individuals.
• Negative and Positive Rights: Some Fundamental Rights limit the authority of the state (negative rights), while others grant specific privileges to individuals (positive rights).
• Justiciability: Fundamental Rights can be enforced through the courts. Individuals can approach the judiciary if their rights are violated.
• Supreme Court Jurisdiction: The Supreme Court directly defends and guarantees Fundamental Rights. Aggrieved individuals can approach the Supreme Court without necessarily going through lower courts.
• Amendability: While not permanent or sacrosanct, Fundamental Rights can only be curtailed or repealed by a constitutional amendment, and this cannot affect the basic structure of the Constitution.
• Suspension during Emergencies: During a National Emergency, most Fundamental Rights can be suspended, except for those guaranteed by Articles 20 and 21. Article 19 rights can be suspended only during an external emergency, not an internal emergency.
• Limitations by Specific Articles: The scope of Fundamental Rights can be limited by Article 31A (relating to property rights), Article 31B (validating certain laws included in the 9th Schedule), and Article 31C (related to directive principles).
• Restrictions for Certain Groups: The Parliament can restrict or abrogate the application of Fundamental Rights to members of armed forces, paramilitary forces, police, intelligence agencies, and similar services (Article 33).
• Martial Law: Fundamental Rights can be restricted in areas under martial law, which is different from a national emergency and is imposed to restore order (Article 34).
• Enforceability: Most Fundamental Rights are directly enforceable (self-executory), while some can be enforced through laws enacted by the Parliament to give effect to them. State legislatures cannot make these laws to ensure uniformity across the country (Article 35).

ARTICLE  12

• Article 12 of the Indian Constitution defines the term “State” to include the following:
• The Government and Parliament of India
• The Government and Legislature of each of the States
• All local or other authorities within the territory of India or under the control of the Government of India
• This definition is very broad, and it encompasses all government entities at all levels, from the central government down to the village panchayat.
• The importance of Article 12 is that it determines which entities are subject to the Fundamental Rights enshrined in Part III of the Constitution. The Fundamental Rights are enforceable against the State, but not against private individuals or organizations.
• Therefore, if a government entity violates a Fundamental Right, the aggrieved person can file a petition in the Supreme Court or a High Court for the enforcement of that right.
• Here are some examples of entities that are covered by Article 12:
• The central government, including all ministries and departments
• State governments, including all ministries and departments
• Local governments, such as municipal corporations and district councils
• Public sector undertakings
• Autonomous government bodies, such as the University Grants Commission and the Reserve Bank of India
• Armed forces

ARTICLE 13

• Article 13 of the Indian Constitution is a crucial provision that establishes the doctrine of judicial review and plays a significant role in safeguarding Fundamental Rights. Here are the key points about Article 13:
• Doctrine of Judicial Review: Article 13 explicitly states that any law that contradicts or infringes upon any of the Fundamental Rights will be considered void. This provision establishes the doctrine of judicial review, empowering the judiciary to review and potentially invalidate laws that violate these rights.
• Applicability to Various Types of Laws: Article 13’s scope is broad and covers various types of laws, including permanent laws passed by the Parliament or state legislatures, temporary laws like ordinances issued by the President or state governors, statutory instruments like orders, bye-laws, rules, regulations, or notifications, and even non-legislative sources of law such as customs or usages with the force of law. In essence, any rule or regulation that infringes upon Fundamental Rights can be challenged in court.
• Exclusion of Constitutional Amendments: Article 13 explicitly excludes constitutional amendments from its purview, considering them not as “laws” for the purpose of this article. However, a significant legal development occurred through the Kesavananda Bharati case in 1973. The Supreme Court ruled that a constitutional amendment could be challenged if it violated a Fundamental Right that formed an integral part of the “basic structure” of the Constitution. This landmark judgment granted the judiciary the power to review even constitutional amendments under certain circumstances.

Right to Equality

• The Right to Equality is one of the Fundamental Rights guaranteed by the Indian Constitution under Articles 14 to 18. It is a crucial component of India’s democratic and egalitarian framework. Here’s an overview of the Right to Equality:

Article 14 – Equality Before the Law:

• This article ensures that all individuals are equal before the law. It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It emphasizes that the state shall not deny any person equality before the law or equal protection of the laws within the territory of India.
• Equality Before the Law
• This concept, often associated with British legal tradition, signifies that every individual is equal in the eyes of the law. It emphasizes the absence of special privileges or exemptions for any person, ensuring that all individuals, regardless of their status, are subject to the same laws and have equal access to the legal system. No one is considered above the law, whether they are rich or poor, high-ranking officials, or ordinary citizens. This principle ensures that justice is impartial and that the law applies equally to everyone.
• Equal Protection of Laws
• Equality It emphasizes that all individuals within a country’s jurisdiction are entitled to the same legal protections and guarantees. It ensures that the government cannot discriminate against any person or group, and it mandates that the law must be applied equally and fairly to protect the rights of all citizens

Article 15 – Prohibition of Discrimination:

• Article 15 further elaborates on the prohibition of discrimination. It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth in access to public places, use of public resources, and in educational institutions. However, it allows for special provisions for the advancement of socially and educationally backward classes.

Concept of Rule of LAW

The rule of law is a legal principle that no one is above the law, and that everyone is subject to the same laws. It is a fundamental principle of democracy and a key element of good governance.

The rule of law has a number of important implications.

• First, it means that everyone is equal before the law, regardless of their social status, wealth, or power. Second, it means that the government is subject to the law and cannot act arbitrarily or capriciously. Third, it means that the law is applied fairly and impartially to everyone.

The rule of law is important for a number of reasons.

• First, it protects the rights and freedoms of individuals.
• Second, it promotes stability and predictability in society.
• Third, it encourages economic growth and development.
• There are a number of key elements of the rule of law. These include:
• Supremacy of the law: The law is the supreme authority in society and everyone is subject to it.
• Equality before the law: Everyone is treated equally before the law, regardless of their social status, wealth, or power.
• Fairness and impartiality: The law is applied fairly and impartially to everyone.
• Accountability: The government and other institutions are accountable to the law.Transparency: The law and its application are transparent and accessible to everyone.

The rule of law is an essential element of a democratic and just society. It protects the rights and freedoms of individuals, promotes stability and predictability, and encourages economic growth and development.

Here are some examples of the rule of law in action:

• A police officer cannot arrest someone without a warrant.
• A judge cannot sentence someone to prison without a fair trial.
• The government cannot seize someone’s property without due process of law.
• A company cannot pollute the environment without facing legal consequences.

Some of the important judgments related to Article 15 of the Indian Constitution

• Champakam Dorairajan v. State of Madras (1951): The Supreme Court held that Article 15(1) prohibits all discrimination by the State, including indirect discrimination.
• T.M.A. Pai Foundation v. State of Karnataka (2002): The Supreme Court held that private educational institutions are not bound by Article 15(1), but they cannot discriminate against students or teachers on the grounds mentioned therein.
• Indra Sawhney v. Union of India (1992): The Supreme Court upheld the validity of Article 15(4) and held that reservations could be provided only for those classes of citizens who were socially and educationally backward and not for any particular caste or community. The Court also held that the total quantum of reservation under Article 15(4) should not exceed 50%.
• M. Nagaraj v. Union of India (2006): The Supreme Court held that creamy layer exclusion should be applied to reservations under Article 15(4) to ensure that the benefits of reservation reach the truly needy.
• Navtej Singh Johar v. Union of India (2018): The Supreme Court decriminalized homosexuality by striking down Section 377 of the Indian Penal Code. The Court held that Section 377 violated the right to equality and the right to privacy guaranteed under Articles 14, 15, and 21 of the Constitution.

Article 16 – Equality of Opportunity in Public Employment:

• This article guarantees equality of opportunity in matters of public employment. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, and residence. It also allows the state to make special provisions for the reservation of jobs for certain backward classes.

The relationship between Article 15(4) and Article 16(4)

• The relationship between Article 15(4) and Article 16(4) of the Indian Constitution is important to understand, as these provisions deal with the concept of reservation and affirmative action to address historical social and educational disadvantages faced by certain groups. Here’s an explanation of their relationship:
• Article 15(4): This clause of Article 15 empowers the State to make special provisions for the advancement of socially and educationally backward classes (including Scheduled Castes and Scheduled Tribes) and for the Scheduled Castes and Scheduled Tribes themselves. It allows the State to provide reservation in educational institutions and in matters of public employment.
• Article 16(4): This clause of Article 16 allows the State to make special provisions for reservation in appointments or posts in favor of any backward class of citizens who, in the opinion of the State, are not adequately represented in the services under the State.

Relationship:

• While Article 15(4) and Article 16(4) may appear to be addressing different aspects of affirmative action, they are closely related and work together to achieve the goal of social justice and equality of opportunity.
• Article 15(4) primarily deals with providing special provisions for educational opportunities to historically disadvantaged groups. It allows for reservations in educational institutions to ensure that these groups have access to quality education.
• Article 16(4), on the other hand, focuses on reservations in public employment to address the underrepresentation of certain backward classes in government services.
• Both provisions are rooted in the broader principle of achieving social justice and equality as enshrined in the Constitution. They aim to uplift marginalized and disadvantaged communities and provide them with opportunities for advancement.
• Article 16(4) is not an exception to the rest of Article 16 but rather an integral part of it. It does not contradict the provisions of Article 16(1) and (2), which guarantee equality of opportunity in public employment. Instead, it complements these provisions by allowing the State to take affirmative action to ensure representation of backward classes.
• In essence, Article 15(4) and Article 16(4) work together to address discrimination and historical disadvantages faced by specific groups. Article 15(4) enables access to education, while Article 16(4) ensures representation in public employment, both contributing to the broader goal of social and economic equality.
• Overall, these provisions are vital tools for the government to promote social justice and uplift marginalized communities, and they are integral to India’s commitment to achieving equality and inclusion.

Article 17 – Abolition of Untouchability

• Article 17 explicitly abolishes the practice of untouchability. It declares that untouchability, in any form, is forbidden and unconstitutional.
• Enforcement and Offense: The article also mandates that the enforcement of any disability arising from untouchability shall be an offense punishable by law. This means that any discrimination or practice that enforces untouchability can be prosecuted under the law.
• Protection of Civil Rights Act, 1955: In 1976, the Untouchability (Offences) Act of 1955 was extensively amended and renamed the Protection of Civil Rights Act, 1955. This amendment expanded the scope of the law and strengthened its penal provisions. The Act defines civil rights as those rights accruing to a person due to the abolition of untouchability by Article 17 of the Constitution.
• Definition of Untouchability: The Constitution itself and the Protection of Civil Rights Act do not provide a specific definition of untouchability. However, legal interpretations and court decisions have clarified that Article 17 addresses not just literal untouchability but the broader historical practice of social disabilities imposed on certain caste groups by virtue of their birth.
• Scope of Article 17: Article 17 is not limited to literal physical contact but encompasses all forms of discrimination, social disabilities, and exclusion based on caste. It addresses the historical injustices associated with the caste system in India.
• Applicability to Private Individuals: The Supreme Court has held that the protection provided by Article 17 is applicable not only against the State but also against private individuals and entities. It is considered a constitutional obligation to ensure that untouchability is eradicated from all aspects of society.

Article 18 – Abolition of Titles

• Article 18 abolishes the granting of titles and recognition of titles by the state. It ensures that no Indian citizen can be conferred or compelled to accept any title from a foreign state.

Right to Freedom
ARTICLE 19

• Article 19 of the Indian Constitution guarantees six fundamental rights to Indian citizens, subject to reasonable restrictions imposed by the state in the interest of various factors. Here is a detailed explanation of these six rights:
• Freedom of Speech and Expression (Article 19(1)(a)): This right allows every citizen the freedom to express their thoughts, opinions, beliefs, and convictions freely through speech, writing, printing, or any other medium. However, the state can impose reasonable restrictions on this right in the interests of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, or incitement to an offense.
• Freedom to Assemble Peaceably (Article 19(1)(b)): Citizens have the right to assemble peaceably and without arms. They can hold public meetings, demonstrations, and processions. However, this right is not absolute, and the state can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India.
• Freedom to Form Associations or Unions (Article 19(1)(c)): Citizens have the right to form associations, unions, or cooperative societies. They can create political parties, organizations, trade unions, and other groups. While this right is extensive, the state can impose reasonable restrictions on the grounds of sovereignty and integrity of India, public order, and morality.
• Freedom to Move Freely (Article 19(1)(d)): Every citizen has the right to move freely throughout the territory of India. This includes the freedom to move between states or within a state. The state can impose reasonable restrictions in the interests of the general public and the protection of the interests of scheduled tribes.
• Freedom to Reside and Settle (Article 19(1)(e)): Citizens have the right to reside and settle in any part of the territory of India. This means they can live and establish a permanent home anywhere in the country. Reasonable restrictions can be imposed by the state in the interests of the general public and the protection of scheduled tribes.
• Freedom to Practice Any Profession or Occupation (Article 19(1)(g)): All citizens have the right to practice any profession, carry on any occupation, trade, or business. However, the state can impose reasonable restrictions on the exercise of this right in the interests of the general public. The state can also prescribe professional or technical qualifications necessary for practicing certain professions or occupations.

ARTICLE 20

• Article 20 of the Indian Constitution provides protection to individuals, whether citizens or foreigners, against arbitrary and excessive punishment. It consists of three main provisions:
• Protection against Ex-Post-Facto Laws: This provision ensures that no person can be convicted of an offense except under a law that was in force at the time the offense was committed. Additionally, no person can be subjected to a penalty greater than what was prescribed by the law at the time the offense occurred. In simple terms, individuals cannot be punished for actions that were legal when they were committed, even if a new law makes those actions illegal later.
• Protection against Double Jeopardy: This provision ensures that no person can be prosecuted and punished for the same offense more than once. Once a person has been acquitted or convicted of a particular offense, they cannot be tried again for the same offense. This protection applies in proceedings before a court of law or a judicial tribunal.
• Protection against Self-Incrimination: This provision prevents individuals accused of any offense from being compelled to be witnesses against themselves. In other words, individuals cannot be forced to provide evidence that may incriminate them. This protection extends to both oral and documentary evidence in criminal proceedings but does not apply to material objects, thumb impressions, specimen signatures, blood specimens, or the exhibition of the body. It also applies only to criminal proceedings and not to civil or non-criminal cases.

Protection of Life and Personal Liberty
ARTICLE 21

• Article 21 of the Indian Constitution is a fundamental right that guarantees the protection of an individual’s right to life and personal liberty. This article is one of the most vital provisions in the Constitution, ensuring that citizens and non-citizens alike have certain fundamental protections. Here’s a detailed explanation of Article 21:
• Article 21: Protection of Life and Personal Liberty

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

• Key points regarding Article 21:
• Protection of Life: Article 21 ensures that no person can be arbitrarily deprived of their life. It implies that the state cannot take someone’s life without following a legally established procedure, such as through a lawful trial and execution.
• Protection of Personal Liberty: Personal liberty includes the freedom to move freely, freedom from unlawful detention, and other aspects of an individual’s personal freedom. Article 21 protects individuals from arbitrary or unlawful arrests or detentions.
• Procedure Established by Law: This phrase emphasizes that any deprivation of life or personal liberty must follow a lawful procedure. It means that a person’s life or personal liberty can be curtailed if there is a law that allows for it. However, the procedure itself must be reasonable, fair, and just.
• Applicability to Citizens and Non-Citizens: Article 21 extends its protection to both citizens and non-citizens within Indian territory. It ensures that everyone within the country’s jurisdiction is entitled to these fundamental rights.
• Evolution of Interpretation: As mentioned earlier, the interpretation of Article 21 has evolved over time, expanding its scope to cover various aspects of an individual’s well-being, dignity, and quality of life. The Supreme Court of India has played a significant role in broadening the interpretation of this article.

The inter-relation between Articles 14, 19 and 21

• Article 14 – Equality before the Law: Article 14 ensures equality before the law and equal protection of the laws to all persons in India. It prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. This article sets the foundation for ensuring equal treatment and protection under the law for all individuals.
• Article 19 – Right to Freedom: Article 19 grants various fundamental rights to citizens, including freedom of speech and expression, the right to assemble peaceably, the right to form associations, the right to move freely, the right to reside anywhere in India, and the right to practice any profession, occupation, or trade. However, these rights are subject to reasonable restrictions in the interest of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency, morality, and other considerations.
• Article 21 – Right to Life and Personal Liberty: Article 21 protects the right to life and personal liberty. Initially, these rights were considered separate from those in Article 19. However, the landmark Maneka Gandhi case established that Articles 19 and 21 are not mutually exclusive. The Right to Life and Personal Liberty includes a wide range of rights, some of which receive additional protection under Article 19(1).
• Interconnected Rights: Articles 19, 21, and 14 are interconnected and provide safeguards against arbitrary government actions. They must be interpreted together and subjected to scrutiny under each other’s provisions. This approach ensures that laws encroaching upon personal liberty not only comply with Article 21 but also meet the standards of Article 14 and Article 19.
• Golden Triangle: The combination of Articles 14, 19, and 21 has been referred to as the “Golden Triangle” in jurisprudence. These articles collectively grant essential human rights and freedoms to citizens, serving as a critical framework for safeguarding individual liberties.
• In essence, these constitutional provisions work together to protect the rights and freedoms of individuals in India, ensuring that government actions are fair, just, and in line with the principles of equality and liberty.

ARTICLE 21A

• Article 21A of the Indian Constitution establishes the Right to Education as a fundamental right for children between the ages of six to fourteen years. Here’s a summary of the key points related to this provision:
• Free and Compulsory Education: Article 21A mandates that the State must provide free and compulsory education to all children in the specified age group. This education should be provided in a manner determined by the State.
• Constitutional Amendment: The provision for the Right to Education was added to the Constitution through the 86th Constitutional Amendment Act of 2002. This amendment made elementary education a fundamental right, and it marked a significant step towards achieving the goal of “Education for All.”
• Directive Principle Amendment: Prior to this amendment, the Constitution contained a directive principle (Article 45) that called for the state to provide free and compulsory education for children. However, it was not enforceable by the courts. The 86th Amendment modified Article 45 to focus on early childhood care and education.
• Fundamental Duty: Alongside the amendment, a new fundamental duty was introduced under Article 51A, making it the duty of every citizen to provide opportunities for education to their child or ward between the ages of six and fourteen years.
• Supreme Court Recognition: Even before the 86th Amendment, the Supreme Court had recognized a fundamental right to primary education as part of the right to life under Article 21. The court held that every child or citizen has a right to free education until the age of 14, with further education subject to economic capacity and state development.
• Right of Children to Free and Compulsory Education (RTE) Act, 2009: In accordance with Article 21A, the Indian Parliament enacted the RTE Act in 2009. This legislation aims to ensure that every child has access to full-time elementary education of satisfactory quality in a formal school that meets essential norms and standards. The Act promotes inclusive elementary education for all.

Protection Against Arbitrary Arrest and Detention

Protection against arbitrary arrest and detention is an important aspect of safeguarding individual liberty and human rights. In India, these protections are primarily enshrined in Articles 20 and 22 of the Indian Constitution. Here’s a summary of the key provisions related to this protection:

Article 22: Protection Against Arrest and Detention

• Article 22 of the Indian Constitution provides protection to individuals who are arrested or detained. It distinguishes between two types of detention: punitive detention and preventive detention. Here’s an explanation of the key provisions of Article 22:

Punitive Detention (First Part of Article 22):

• Punitive detention is the detention of a person after a trial and conviction in a court. Article 22’s first part grants certain rights to individuals arrested or detained under ordinary laws (criminal laws) as follows:
• Right to be Informed of Grounds: Anyone arrested or detained has the right to be informed of the grounds for their arrest.
• Right to Legal Counsel: Individuals have the right to consult and be defended by a legal practitioner (an advocate).
• Right to Speedy Judicial Review: Those arrested or detained must be produced before a magistrate within 24 hours (including journey time from the place of arrest). The magistrate can order further detention if necessary.
• Right to Release: If a person is not produced before a magistrate within 24 hours, they must be released unless the magistrate authorizes further detention.
• These rights are applicable to individuals arrested or detained under ordinary criminal laws but are not available to enemy aliens or persons detained under preventive detention laws. It’s important to note that these provisions apply to acts of a criminal or quasi-criminal nature or activities prejudicial to public interest.

Preventive Detention (Second Part of Article 22):

• Preventive detention involves detaining a person without trial and conviction to prevent them from committing an offense in the future. Article 22’s second part provides safeguards for individuals arrested or detained under preventive detention laws. These safeguards apply to both citizens and aliens and include:
• Maximum Detention Period: The detention of a person under preventive detention cannot exceed three months unless an advisory board, consisting of high court judges, reports sufficient cause for extended detention.
• Communication of Grounds: The grounds of detention must be communicated to the detainee, although facts considered against the public interest need not be disclosed.
• Right to Representation: The detainee has the right to make a representation against the detention order.
• Additionally, Article 22 empowers the Parliament to prescribe the circumstances and classes of cases in which a person can be detained for more than three months under preventive detention without obtaining the opinion of an advisory board. It also allows the Parliament to specify the maximum period of detention in certain cases and establish procedures for advisory board inquiries.

Right Against Exploitation
Article 23 – Prohibition of traffic in human beings and forced labour

• Article 23 of the Indian Constitution is a crucial provision that prohibits various forms of exploitation, including human trafficking, forced labor, and other similar practices. Here are the key points regarding Article 23:
• Prohibition of Traffic in Human Beings and Forced Labor: Article 23 explicitly forbids several forms of exploitation:
• Human Trafficking: This includes the sale and purchase of individuals, including men, women, and children, as if they were commodities.
• Forced Labor (Begar): Begar refers to compulsory work or labor without remuneration. It often involved landlords or authorities coercing individuals to work without fair compensation.
• Other Forms of Forced Labor: The article also prohibits other similar forms of forced labor, such as bonded labor.
• Punishment for Violation: The article stipulates that any contravention of these prohibitions is considered an offense and is punishable by law. This legal framework ensures that those involved in human trafficking, forced labor, or similar practices can be prosecuted and penalized.
• Applicability to All: Article 23 applies to both Indian citizens and non-citizens, ensuring that all individuals within Indian territory are protected from such forms of exploitation.
• Protection Against State and Private Actors: This constitutional provision not only safeguards individuals from actions taken by the State but also protects them from exploitation by private individuals or entities. It ensures that citizens’ fundamental rights are not violated by either state or non-state actors.
• Exceptions for Compulsory Service: Article 23(2) allows the State to impose compulsory service for public purposes, such as military or social service. However, it specifies that such service must not discriminate on grounds of religion, race, caste, or class. In such cases, individuals may be required to provide their services without being entitled to payment.
• Related Legislation: To further enforce and regulate the provisions of Article 23, various laws have been enacted, including the Immoral Traffic (Prevention) Act of 1956, the Bonded Labour System (Abolition) Act of 1976, the Minimum Wages Act of 1948, the Contract Labour Act of 1970, and the Equal Remuneration Act of 1976.
• Article 23 reflects India’s commitment to eradicating exploitative practices and upholding the dignity and rights of its citizens and residents, regardless of their social or economic status. It provides a legal basis for combating human trafficking, forced labor, and bonded labor, and it establishes a framework for prosecuting those responsible for such offenses.

Article 24 – Prohibition of Employment of Children in Factories, etc.

• Article 24 of the Indian Constitution addresses the issue of child labor and aims to protect children from exploitation in hazardous occupations. Here are the key points related to Article 24:
• Prohibition of Child Labor in Hazardous Occupations: Article 24 prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous activities. It recognizes the vulnerability of children and seeks to ensure their well-being by keeping them away from dangerous and harmful work environments.
• Exemptions for Harmless or Innocent Work: While Article 24 prohibits child labor in hazardous activities, it does not prohibit the employment of children in harmless or innocent work. This provision allows children to engage in activities that do not pose a threat to their health, safety, or overall development.
• Related Legislation: To complement the provisions of Article 24, various laws have been enacted to regulate and prohibit child labor in India. The most significant among them is the Child Labour (Prohibition and Regulation) Act of 1986. Additionally, other laws, such as the Employment of Children Act of 1938, the Factories Act of 1948, the Mines Act of 1952, and others, also address child labor in specific sectors.
• Child Labour Rehabilitation Welfare Fund: In 1996, the Supreme Court of India directed the establishment of the Child Labour Rehabilitation Welfare Fund. Employers who employ children in violation of the law are required to deposit a fine into this fund. The funds collected are used for the rehabilitation and welfare of affected children.
• Commissions for Protection of Child Rights Act, 2005: This act was enacted to establish the National Commission for Protection of Child Rights (NCPCR) and State Commissions for Protection of Child Rights. It aims to ensure the protection and promotion of child rights and provides for the speedy trial of offenses against children or violations of child rights.
• Expansion of Prohibitions: Over the years, the Indian government has taken steps to expand the scope of prohibited child labor. In 2006, the government banned the employment of children as domestic servants or workers in various business establishments, including hotels, restaurants, and factories. Stringent penalties are imposed on those found employing children below the age of 14.
• Amendment Act of 2016: The Child Labour (Prohibition and Regulation) Amendment Act of 2016 amended the 1986 Act and renamed it as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986. The amendment aimed to strengthen the legal framework for the protection of children from labor exploitation.
• Article 24 reflects India’s commitment to safeguarding the rights and well-being of its children by prohibiting their engagement in hazardous occupations and ensuring their access to education and a safe environment for growth and development.

Right to Freedom of Religion
Article 25- Freedom of Conscience and Free Profession, Practice and Propagation of Religion

• Article 25 of the Indian Constitution guarantees freedom of religion to all individuals. Here are the key aspects and implications of Article 25:
• Freedom of Conscience: Article 25 recognizes the inner freedom of individuals to have their own beliefs and thoughts about religion. It ensures that no one can be compelled to adopt or follow a particular religion against their will. This aspect protects an individual’s right to maintain their own religious beliefs or to have no religious beliefs at all.
• Right to Profess: This part of Article 25 allows individuals to openly declare their religious beliefs and faith. It means that people have the right to express their religion publicly and to identify themselves as followers of a particular faith.
• Right to Practice: Article 25 also protects the right to practice one’s religion. It encompasses the freedom to perform religious rituals, ceremonies, and customs, as well as engage in religious worship and observance. It ensures that individuals can practice their religion in both private and public spaces.
• Right to Propagate: This aspect of Article 25 grants individuals the right to propagate their religion. It involves sharing one’s religious beliefs and teachings with others. However, it’s important to note that this right does not include the right to forcibly convert or compel others to adopt one’s own religion. Forcible conversions are considered a violation of the freedom of conscience.
• Applicability to All Persons: Article 25 is not limited to Indian citizens; it extends its protections to all persons, regardless of their citizenship status. This inclusion is in line with the principles of religious tolerance and freedom.
• Subject to Certain Restrictions: While Article 25 guarantees freedom of religion, it is not absolute. It is subject to certain limitations, including considerations of public order, morality, health, and other fundamental rights. The State can impose reasonable restrictions on religious practices or activities if they are deemed necessary to maintain public order or protect other fundamental rights.
• Regulation of Secular Activities: The State is permitted to regulate or restrict secular activities associated with religious practices. This means that economic, financial, political, or other non-religious activities that may be linked to religious practices can be regulated by the government.
• Social Welfare and Reform: Article 25 empowers the State to undertake social welfare and reform measures related to religious practices. For example, it can take steps to promote social equality by opening religious institutions to all sections of society, as has been done in the case of Hindu religious institutions.
• Inclusion of Sikhs, Jains, and Buddhists: Article 25 includes Sikhs, Jains, and Buddhists as part of the Hindu religious community for the purpose of constitutional provisions. This recognition ensures that these religious groups are entitled to certain legal protections and rights within the Indian context.

Article 26 Freedom from Taxation for Promotion of a Religion

• Article 26 of the Indian Constitution grants certain rights to religious denominations or their sections. These rights are designed to protect the religious autonomy and practices of such denominations. Here are the key rights provided by Article 26:
• Right to Establish and Maintain Institutions: Religious denominations or their sections have the right to establish and maintain institutions for religious and charitable purposes. This includes the ability to create and manage places of worship, educational institutions, hospitals, and other charitable organizations that serve the religious community and society at large.
• Right to Manage Own Affairs: Religious denominations have the right to manage their own internal affairs related to religious matters. This autonomy allows them to make decisions concerning religious rituals, customs, and practices without external interference.
• Right to Own and Acquire Property: Article 26 grants the right to own and acquire both movable and immovable property. This ensures that religious denominations can acquire assets necessary for the functioning of their institutions, including land, buildings, and other resources.
• Right to Administer Property: In addition to ownership and acquisition, religious denominations have the right to administer their property in accordance with the law. This means they can make decisions about the use, maintenance, and disposal of their assets while adhering to legal requirements.
• It’s important to note that the rights under Article 26 are collective rights meant to protect the religious autonomy and practices of religious denominations or their sections. These rights are subject to certain limitations, such as public order, morality, and health, but are not subject to other provisions relating to fundamental rights.
• Additionally, the Supreme Court has laid down criteria to determine whether an entity qualifies as a religious denomination for the purposes of Article 26. These criteria include having a system of beliefs, a common organization, and a distinctive name. Entities that meet these criteria can be considered religious denominations and are entitled to the protections and rights provided by Article 26.

Article 27 Freedom from Taxation for Promotion of a Religion

• Article 27 of the Indian Constitution is designed to ensure the principle of secularism and prevent the promotion or maintenance of any particular religion or religious denomination through the use of public funds collected as taxes. Here’s a breakdown of the key aspects of Article 27:
• Prohibition of Taxation for Religious Promotion: Article 27 explicitly states that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination. This means that the government cannot use public funds obtained through taxation to support, patronize, or favor any specific religion or religious group.
• Ensuring Secularism: The provision reflects the secular nature of the Indian state, emphasizing the separation of religion from the affairs of the government. It reinforces the idea that the government should remain neutral in matters of religion and not use taxpayer money to advance or sustain any particular religious’ belief or practice.
• Promoting Equality Among Religions: Article 27 is aimed at promoting equality among all religions by preventing any discrimination in the allocation of public resources. It ensures that funds collected from individuals, regardless of their religious beliefs, are not used to benefit one religion at the expense of others.
• Distinction Between Tax and Fee: Article 27 specifically pertains to taxes and does not apply to fees. While taxes cannot be used for religious promotion, fees may be levied for purposes related to the secular administration or regulation of religious institutions, pilgrimage sites, or safety measures. Fees are expected to serve a specific secular purpose rather than promote or maintain a religion.

Article 28 Freedom from Attending Religious Instruction

• Article 28 of the Indian Constitution addresses the issue of religious instruction in educational institutions. It establishes the following principles:
• Prohibition in State-Maintained Institutions: Article 28(1) states that in educational institutions that are wholly maintained out of State funds, no religious instruction shall be provided. This means that government-funded schools or colleges cannot offer religious education as part of their curriculum.
• Exception for Institutions Administered by the State but Established by Endowments or Trusts: Article 28(1) includes an exception. It allows religious instruction in educational institutions administered by the State but established under any endowment or trust if the trust’s terms require the imparting of religious instruction. In such cases, religious education may be provided.
• No Compulsory Religious Instruction in Recognized or Aided Institutions: Article 28(3) prohibits any person, whether attending an educational institution recognized by the State or one receiving aid out of State funds, from being required to attend religious instruction or worship in that institution without their consent. For minors, the consent of their guardian is necessary.
• Voluntary Religious Instruction: In educational institutions recognized by the State or those receiving State aid, religious instruction is allowed, but only on a voluntary basis. This means that students or their guardians have the freedom to decide whether or not to participate in religious instruction or worship activities.

Cultural and Educational Rights
Article 29 Protection of Interests of Minorities

• Article 29 of the Indian Constitution provides certain rights and protections to citizens in relation to their language, culture, and admission to educational institutions. Here are the key provisions and implications of Article 29:
• Protection of Distinct Language, Script, or Culture: Article 29 grants the right to citizens belonging to any section of the population with a distinct language, script, or culture to conserve and protect their unique identity. This protection is extended to both religious and linguistic minorities as well as the majority population.
• Right to Admission: Article 29 also ensures that no citizen shall be denied admission to any educational institution that is maintained by the State or receives government funding solely on the grounds of religion, race, caste, or language. This provision promotes equal access to educational opportunities for all citizens, regardless of their background.
• Scope Beyond Minorities: While Article 29 is often associated with the protection of minority rights, the Supreme Court has clarified that it is not limited to minorities alone. The use of the term “section of citizens” implies that it applies to all citizens, including those belonging to the majority community.
• Right to Advocate for Language Conservation: The right to conserve language, as mentioned in Article 29, also includes the right to advocate for the protection and promotion of that language. This means that citizens can engage in political activism and make promises aimed at preserving their language without being considered as engaging in corrupt practices under election laws.

Article 30 Right of Minorities to Establish and Administer Educational Institutions

• Article 30 of the Indian Constitution provides significant rights and protections to religious and linguistic minorities in India in the context of education. Here are the key provisions and implications of Article 30:
• Right to Establish and Administer Educational Institutions: Article 30(1) grants religious and linguistic minorities the fundamental right to establish and administer educational institutions of their choice. This right is not limited to any specific religion or language; it applies to all such minorities in India.
• Non-Discrimination in Granting Aid: Article 30(2) ensures that when the state provides financial aid or support to educational institutions, it cannot discriminate against any institution solely on the grounds that it is under the management of a minority, whether based on religion or language. This provision promotes equal treatment and financial assistance for minority-run institutions.
• Protection from Compulsory Acquisition: Article 30 also safeguards the interests of minority educational institutions by stipulating that if the government compulsorily acquires the land on which such an institution is established, the amount of compensation must be determined in a manner that does not adversely affect the institution’s educational rights and functioning.
• Preservation of Language and Culture: Minority educational institutions have the right to impart education in their own language, preserving and promoting their linguistic and cultural heritage.
• Variety of Minority Educational Institutions: Minority educational institutions in India can take various forms, including those seeking recognition, aid, or both from the state government, as well as those that operate independently without seeking recognition or aid. Each category has its own level of autonomy and regulatory requirements.
• General Laws and Regulations: While enjoying certain degrees of autonomy, all minority educational institutions are still subject to the general laws and regulations of the state and nation, including those related to contract law, labor law, taxation, and other legal aspects.
• In essence, Article 30 ensures that religious and linguistic minorities in India have the freedom to establish and manage their educational institutions without discrimination and with the right to preserve their culture and language through education. It plays a crucial role in promoting diversity and inclusivity in India’s education system.

Right to Constitutional Remedies

• Article 32 of the Indian Constitution is a fundamental right that provides individuals with the right to constitutional remedies in case their fundamental rights are violated. This article is often considered the “heart and soul” of the Constitution, as it empowers individuals to seek protection and enforcement of their fundamental rights through the judiciary. Here are the key components of Article 32 and the types of writs it enables:
• Right to Constitutional Remedies: Article 32 explicitly states that individuals have the right to move the Supreme Court of India for the enforcement of their fundamental rights. This means that if a person believes their fundamental rights have been violated by the State or any other authority, they can directly approach the Supreme Court to seek redress.
• Writ Jurisdiction: Article 32 empowers the Supreme Court to issue five types of writs for the enforcement of fundamental rights. These writs are powerful legal instruments that enable the court to ensure justice and protect the rights of citizens. The five types of writs are:
• Habeas Corpus: This writ is used to secure the release of a person who has been unlawfully detained or imprisoned. It requires the detaining authority to produce the detained person before the court and justify their detention.

• Certiorari: This writ is issued to quash or annul the decisions of lower courts, tribunals, or authorities if they have acted beyond their jurisdiction or in violation of the law. It is a form of judicial review.

• Prohibition: The writ of prohibition is used to prevent lower courts, tribunals, or quasi-judicial bodies from exceeding their jurisdiction or acting in an unlawful manner. It stops proceedings in a lower court.

• Mandamus: Mandamus means “we command.” This writ is used to compel a public official, authority, or government body to perform their legal duties or functions, especially when they have refused to do so.

• Quo Warranto: This writ is used to question the authority or legality of a person holding a public office. It ensures that individuals holding public offices meet the legal qualifications and requirements for those positions.

• Article 32, along with the writ jurisdiction, serves as a powerful mechanism for protecting and enforcing fundamental rights in India. It allows individuals to seek swift and effective remedies when their rights are violated, making it a cornerstone of the Indian judicial system.

Armed Forces and Fundamental Rights

• Article 33 of the Indian Constitution empowers the Parliament to restrict or abrogate the fundamental rights of members of certain armed forces, paramilitary forces, police forces, intelligence agencies, and analogous forces in order to ensure the proper discharge of their duties and the maintenance of discipline among them. Here are key points regarding Article 33 and its implications:
• Scope of Article 33: Article 33 is a provision that allows for exceptions to the fundamental rights guaranteed to citizens by the Constitution. It applies specifically to members of the armed forces, paramilitary forces, police forces, intelligence agencies, and similar forces.
• Parliament’s Authority: The power to enact laws under Article 33 is vested exclusively in the Parliament of India. State legislatures do not have the authority to make such laws. This means that only the central government has the power to pass legislation that restricts or abrogates fundamental rights in the context of these forces.
• Immunity from Judicial Review: Laws enacted by Parliament under Article 33 are immune from being challenged in any court on the grounds of violating fundamental rights. This means that individuals subject to these laws cannot go to court to claim that their fundamental rights have been violated by the restrictions imposed by such laws.
• Examples of Legislation: In exercise of the authority granted by Article 33, Parliament has enacted various laws that impose restrictions on the fundamental rights of personnel in these forces. Examples of such legislation include the Army Act (1950), the Navy Act (1950), the Air Force Act (1950), the Police Forces (Restriction of Rights) Act, 1966, and the Border Security Force Act, among others.
• Nature of Restrictions: These laws generally impose restrictions on various fundamental rights, including the right to freedom of speech and expression, the right to form associations or unions, and the right to participate in political associations. The nature and extent of restrictions can vary depending on the specific legislation and the force in question.
• Objective: The primary objective of Article 33 is to ensure that members of these forces can effectively perform their duties without undue interference, while also maintaining discipline within the ranks.
• It’s important to note that while Article 33 allows for restrictions on fundamental rights for these personnel, it does not completely deny them all fundamental rights. The exact scope and nature of restrictions are determined by the specific laws enacted by Parliament. Additionally, these laws and restrictions are subject to periodic review and amendments by the legislative authority.

Martial Law and Fundamental Rights

• Article 34 of the Indian Constitution outlines provisions for the imposition of martial law in any area within India’s territory. Martial law is declared in extraordinary circumstances such as war, invasion, insurrection, rebellion, riot, or violent resistance to law, primarily to maintain or restore order in society. The Indian Constitution does not explicitly define martial law, but it generally refers to a situation where civil administration is temporarily replaced by military authorities who govern according to their own rules and regulations, often suspending ordinary law.
• Article 34 empowers the Indian Parliament to indemnify government servants or individuals for actions taken in connection with the maintenance or restoration of order in areas where martial law is in force. The Parliament also has the authority to validate sentences, punishments, forfeitures, or other actions taken under martial law in a specific area, ensuring that actions taken during martial law may be retroactively considered lawful.
• The Act of Indemnity passed by Parliament cannot be challenged in any court on the grounds of contravening fundamental rights. The Supreme Court has clarified that the declaration of martial law does not automatically result in the suspension of the writ of habeas corpus, which allows individuals to challenge their detention and ensure their right to personal liberty.

The Authority to Enact Laws in Order to Give Effect to Certain Fundamental Rights

• Article 35 of the Indian Constitution deals with the power to make laws to give effect to certain specified fundamental rights. It establishes that the authority to enact laws to enforce and protect these rights lies exclusively with the Parliament of India and not with state legislatures. Here are the key provisions and implications of Article 35:
• Exclusive Power of Parliament: Article 35 grants the exclusive power to the Parliament of India to make laws related to specific fundamental rights. State legislatures do not have the authority to enact laws in these areas. This provision ensures uniformity throughout the country in the implementation and protection of these fundamental rights.
• Specific Matters Covered: Article 35 identifies and specifies the following matters for which only Parliament can legislate:
• Prescribing residence as a condition for certain employments or appointments in a state, union territory, local authority, or other authority (Article 16).
• Empowering courts, other than the Supreme Court and high courts, to issue directions, orders, and writs for the enforcement of fundamental rights (Article 32).
• Restricting or abrogating the application of fundamental rights to members of armed forces, police forces, and similar forces (Article 33).
• Indemnifying any government servant or any other person for any act done during the operation of martial law in any area (Article 34).
• Punishment for Offenses: Article 35 also empowers Parliament to make laws prescribing punishment for certain offenses that are declared to be offenses under specific fundamental rights. These include:
• Offenses related to untouchability (Article 17).
• Offenses related to traffic in human beings and forced labor (Article 23).
• Obligation to Enact Laws: The Parliament is obligated to enact laws to prescribe punishment for the offenses mentioned in Article 35. This ensures that specific offenses related to fundamental rights are addressed through legislation.
• Continuation of Existing Laws: Any law that is in force at the commencement of the Constitution related to the specified matters covered under Article 35 continues to be in force until altered, repealed, or amended by the Parliament. This provision ensures that existing laws are not automatically invalidated but can be reviewed and modified by Parliament as necessary.
• Extension of Parliament’s Competence: Article 35 grants Parliament the authority to make laws in areas that might otherwise fall within the legislative domain of state legislatures (State List). This extension of legislative competence is intended to ensure the effective enforcement of fundamental rights consistently across the country.

Current Status of Right to Property

• The right to property in India is a complex issue that has evolved over time. It is currently regulated by Article 300A of the Constitution of India, which states that “no person shall be deprived of his property save by authority of law”.
• The right to property is not a fundamental right in India. It was removed from the list of fundamental rights in 1978 by the 44th Amendment to the Constitution. This was done in order to allow the government to acquire land for public purposes without having to pay excessive compensation.
• The right to property is now a statutory right, which means that it is protected by law, but it is not as strong as a fundamental right. The government can still acquire land for public purposes by passing a law to do so, but it must pay compensation to the landowners.
• The Supreme Court of India has played an important role in interpreting and applying the right to property. The Court has ruled that the right to property is a human right and that it cannot be arbitrarily taken away by the government. The Court has also ruled that the government must pay fair compensation to landowners when it acquires their land for public purposes.
• In recent years, there has been a growing debate about the right to property in India. Some people argue that the right to property is too absolute and that it prevents the government from carrying out important development projects. Others argue that the right to property is essential for economic growth and that it should be strengthened.
• The current status of the right to property in India is that it is a statutory right that is protected by law. The government can still acquire land for public purposes by passing a law to do so, but it must pay compensation to the landowners. The Supreme Court of India has played an important role in interpreting and applying the right to property, and it has ruled that the right to property is a human right and that it cannot be arbitrarily taken away by the government.

Exceptions to Fundamental Rights

• Article 31A of the Indian Constitution safeguards certain categories of laws from being challenged on the grounds of violating fundamental rights, such as equality before the law (Article 14) and protection of certain rights (Article 19). These laws relate to agricultural land reforms, industry, and commerce and cover areas like the acquisition of estates, taking over property management, corporate amalgamation, modification of corporate rights, and mining lease changes. It’s important to note that these laws must meet specific conditions, including presidential assent, to enjoy protection. Additionally, compensation at market value is required when land is acquired under these protected laws.
• Article 31B of the Indian Constitution protects laws and regulations included in the Ninth Schedule from being challenged on the grounds of violating fundamental rights. It provides broader protection than Article 31A, covering all fundamental rights, regardless of whether the laws fall under specific categories. However, a significant Supreme Court ruling in the I.R. Coelho case (2007) clarified that laws in the Ninth Schedule are not entirely immune from judicial review. Laws added to the Ninth Schedule after April 24, 1973, can be challenged in court if they violate fundamental rights guaranteed by Articles 14, 15, 19, and 21, or if they undermine the basic structure of the constitution. The Ninth Schedule originally contained 13 acts and regulations in 1951 but has since grown to include 282 in 2016, covering various topics, with state legislatures focusing on land reforms and Parliament addressing other matters.
• Article 31C, introduced by the 25th Amendment Act of 1971, contained two provisions:
• It stated that no law aiming to implement the socialist directive principles outlined in Article 39(b) or (c) of the Constitution shall be deemed void for violating fundamental rights under Article 14 (equality before law) or Article 19 (rights related to speech, assembly, etc.).
• It further stated that no law declaring its purpose as implementing such policies could be questioned in any court on the grounds of not effectively implementing those policies.
• In the Kesavananda Bharati case (1973), the Supreme Court ruled the second provision of Article 31C as unconstitutional because it violated the basic feature of the Constitution, which is judicial review. However, the first provision of Article 31C remained constitutional.
• The 42nd Amendment Act of 1976 expanded the scope of the first provision of Article 31C, encompassing any law aiming to implement directive principles in Part IV of the Constitution, not limited to just Article 39(b) or (c). Nevertheless, this expansion was also declared unconstitutional.

Significance of Fundamental Rights

• Bedrock of Democracy: Fundamental Rights are the foundation upon which India’s democratic system is built. They guarantee essential freedoms and protections that enable citizens to actively participate in the democratic process, ensuring that their voices are heard and respected.
• Material and Moral Protection: These rights are crucial for the material and moral well-being of individuals. They safeguard both the physical and psychological aspects of human dignity, ensuring that citizens can lead a life of substance and self-respect.
• Bulwark of Individual Liberty: Fundamental Rights act as a robust shield for individual liberty. They prevent arbitrary state actions and encroachments on personal freedoms, allowing individuals to pursue their goals and aspirations without undue interference.
• Rule of Law: These rights facilitate the establishment of the rule of law in the country. They ensure that government actions are bound by legal principles and constraints, preventing abuses of power and promoting accountability.
• Protection of Minorities and Weaker Sections: Fundamental Rights serve as a safeguard for the interests of minorities and marginalized communities. They prevent discrimination and unequal treatment, fostering inclusivity and social justice.
• Strengthening Secularism: By ensuring religious freedom and prohibiting religious discrimination, Fundamental Rights contribute to the secular character of the Indian state. They uphold the principle of religious neutrality and protect the rights of individuals to practice their faith freely.
• Checks on Government Authority: These rights act as a check on the absoluteness of government authority. They impose limits on state power, ensuring that the government operates within the boundaries set by the Constitution and respects the rights of citizens.
• Foundation of Social Equality and Justice: Fundamental Rights lay the groundwork for social equality and justice. They promote equality before the law, prohibit discrimination, and provide avenues for the redressal of grievances related to social disparities.
• Dignity and Respect: Ensuring the dignity and respect of individuals is one of the core functions of Fundamental Rights. They protect citizens from degrading or inhumane treatment and guarantee their right to live with honor and self-esteem.
• Participation in Governance: These rights facilitate the participation of people in the political and administrative processes of the country. By providing freedoms such as the right to vote, express opinions, and assemble peacefully, they empower citizens to engage actively in shaping the nation’s policies and decisions.

Critiques of Fundamental Rights in the Indian Constitution

• The fundamental rights of the Indian Constitution have been criticized on a number of grounds. Some of the most common criticisms include:
• Excessive limitations: The fundamental rights are subject to a number of exceptions and limitations. This has led to some critics arguing that the rights are not as strong as they should be.
• Lack of social and economic rights: The fundamental rights focus on civil and political rights, such as the right to freedom of speech and the right to life. They do not include social and economic rights, such as the right to education and the right to work. This has led to some critics arguing that the fundamental rights are not comprehensive enough.
• Lack of clarity: Some of the fundamental rights are not clearly defined. This has led to confusion and litigation.
• Suspension during emergency: The fundamental rights can be suspended during a national emergency. This has led to some critics arguing that the fundamental rights are not adequately protected.
• Preventive detention: The government has the power to detain people without trial for up to two months under the Preventive Detention Act. This has led to some critics arguing that the fundamental rights are not adequately protected.
• In addition to these general criticisms, there have also been specific criticisms of individual fundamental rights. For example, some critics have argued that the right to freedom of speech is not adequately protected because the government has the power to impose restrictions on speech in the interests of public order, national security, and morality.
• Despite these criticisms, the fundamental rights of the Indian Constitution are widely regarded as a valuable and important part of the country’s democracy. They have played a vital role in protecting the rights of individuals and groups from government overreach.
• It is important to note that the Supreme Court of India has played a crucial role in interpreting and applying the fundamental rights. The Court has expanded the scope of some of the fundamental rights and has imposed limits on the government’s power to restrict these rights. The Court has also played a key role in protecting the rights of minorities and marginalized groups
• Overall, the fundamental rights of the Indian Constitution are a strong and effective safeguard of individual liberties. However, there are some areas where the fundamental rights could be strengthened. For example, the government could consider incorporating social and economic rights into the fundamental rights. Additionally, the government could take steps to make the fundamental rights more accessible to ordinary people.

Conclusion

• The Indian Constitution’s Fundamental Rights are essential for upholding democracy and protecting citizens’ basic rights. These rights protect individual liberties, promote democracy, preserve human dignity, ensure equality and social justice, establish the rule of law, safeguard minorities, strengthen secularism, and act as checks on government authority. They also empower citizens to actively participate in political and administrative processes, fostering greater participation and representation. These rights are the cornerstone of India’s legal system, ensuring the principles of justice, liberty, equality, and fraternity are upheld for all citizens.

UPSC PREVIOUS YEAR QUESTIONS

1.  With reference to the writs issued by the Courts in India, consider the following statements: (2022)

1.  Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
2.  Mandamus will not lie against a Company even though it may be a Government Company.
3.  Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.

Which of the statements given above are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

2.  Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (2019)

(a) Article 19
(b) Article 21
(c) Article 25
(d) Article 29

3.  Which one of the following categories of Fundamental Rights incorporate protection against untouchability as a form of discrimination? (2020)

(a) Right against Exploitation
(b) Right to Freedom
(c) Right to Constitutional Remedies
(d) Right to Equality

4.  Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the 13. Universal Declaration of Human Rights (1948)? (2020)

1.  Preamble
2.  Directive Principles of State Policy
3.  Fundamental Duties

Select the correct answer using the code given below:

(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3

5.  ‘Right to Privacy’ is protected under which Article of the Constitution of India? (2021)

(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29

6.  A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates one of the following Articles of the Constitution of India? (2021)

(a) Article 14
(b) Article 28
(c) Article 32
(d) Article 44

7.  Right of movement and residence throughout the territory of India are freely available to the Indian citizens, but these rights are not absolute. Comment.(2022)

8.  Analyze the distinguishing features of the notion of Right to Equality in the Constitutions of the USA and India.(2021)

9.  Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)