Introduction: Exploring India’s Fundamental Rights

The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justifiable. Fundamental Rights are so fundamental in nature that without which a person can not accomplish its full potential.

Historical Context: Safeguarding India’s Fundamental Rights

• Freedom Struggle and Demand for Rights: During the Indian freedom movement, leaders emphasized the significance of rights and urged British rulers to respect people’s rights.
  • In 1928, the Motilal Nehru committee called for a Bill of Rights.
  • The demand for protected rights continued as India moved towards independence.
• Inclusion of Rights in the Constitution: The Constitution makers inserted specially protected rights as ‘Fundamental Rights.’
  • ‘Fundamental’ implies their crucial nature, leading to separate listing and dedicated provisions for protection.
• Constitutional Safeguards for Fundamental Rights: Fundamental Rights hold such significance that the Constitution itself guarantees their protection against government violation.
  • These rights are distinct from ordinary rights, as they are safeguarded by the country’s constitution.
  • While ordinary rights can be altered by legislative processes, altering a fundamental right requires a constitutional amendment.
  • No government body can act in a way that breaches these rights.
• Judiciary’s Role in Protection of Fundamental Rights: Judicial authority includes the power and responsibility to prevent government actions that violate or excessively restrict these rights.
  • The judiciary can declare executive and legislative actions illegal if they impede fundamental rights unreasonably.
• Limitations on Fundamental Rights: Fundamental rights are not absolute or unrestricted.
  • Government retains the authority to impose reasonable limitations on the exercise of these rights.
  • These restrictions are established to balance individual freedoms with societal interests and order.

Fundamental Rights Enshrined in the Constitution: Key Rights in our Constitution

• Right to Equality (Articles 14-18)
• Right to Freedom (Article 19-22)
• Right against Exploitation (Article 23-24)
• Right to Freedom of Religion (Article 25-28)
• Cultural and Educational Rights (Article 29-30)
• Right to Constitutional Remedies (Article 32)

Right to Equality:  Right to equality has many dimensions, as illustrated below:

• Equality Before Law: As per the Constitution, the government shall not deny to any person in India equality before the law or the equal protection of the laws.
  • It means that the laws apply in the same manner to all, regardless of a person’s status. This is called the rule of law.
    • Rule of law is the foundation of any democracy. It means that no person is above the law. 

• Rule of Law in Democracy: Equality Under Fundamental Rights
  • The rule of law establishes that no person is exempt from abiding by the law.
  • It reinforces that equality before the law applies to all citizens, from political leaders to ordinary individuals.
  • For Example: The former Prime Minister’s court case exemplifies how everyone must engage with the legal system equally.
• Prohibition of Discrimination: The government shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth.
  • Ensures equal access to public places, entertainment, employment, and other areas without any discrimination on the above grounds.
• Equality of opportunity in public employment: The Constitution prohibits any discrimination in public employment on grounds of religion, race, caste, sex or place of birth. 
  • Affirmative Action: However, the Constitution itself provides that the government can implement specific measures and provide reservation for improving the conditions of children, women, and the socially and educationally backward classes.
    • ‘Reservation’ here refers to the allocation of job positions and educational seats to specific groups.
    • Article 16(4) clarifies that such measures don’t breach the right to equality.
• Abolition of Untouchability: The right to equality eradicates practices like untouchability.
  • Untouchability refers to any belief or practice that looks down upon people because of their birth in certain castes.
• Abolition of Titles: Prohibits granting titles based on factors other than merit in military or academia.

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