Fundamental Rights (Article 12-35) and Their Evolution in India

India’s Fundamental Rights (Articles 12-35) in the Constitution #

In the Indian Constitution, Part III, specifically Articles 12 to 35, deals with Fundamental Rights. These are essential human rights guaranteed to all Indian citizens, and the Constitution emphasizes their inviolability. There are six fundamental rights: the right to equality, the right to freedom, the right against exploitation, the right to religious freedom, the right to cultural and educational freedom, and the right to legal remedies.

Originally, there was also a right to property listed as a Fundamental Right under Article 31. However, in 1978, the 44th Constitutional Amendment Act removed it from the Fundamental Rights category and reclassified it as a legal right under Article 300A in Part XII of the Constitution.

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Empowering Citizens: Fundamental Rights in the Indian Constitution #

• Fundamental rights in the Indian Constitution are the essential human rights that apply to all citizens, regardless of factors like race, religion, or gender.
• These rights are legally enforceable through the courts, although there are some conditions to consider.
• They serve a crucial role in promoting political democracy by establishing the Doctrine of Limited Government.
• The main purpose behind providing these fundamental rights to citizens is to prevent the government from enacting arbitrary laws and to safeguard the liberties and freedoms of individuals.
• The overarching goal is to establish the Rule of Law rather than the Rule of Men, making these rights a cornerstone of the Indian Constitution’s principles.

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A Comprehensive Guide to Fundamental Rights in the Indian Constitution (Article 12-35) #

• The concept of Fundamental Rights in India draws significant inspiration from the United States Bill of Rights.
• These rights are a crucial part of the constitution because they are seen as vital for the development of every individual’s personality and for upholding human dignity.
• Part III of the Indian Constitution, commonly known as the Magna Carta of the Indian Constitution, contains elaborate provisions regarding Fundamental Rights.
• They are termed “fundamental” because they can be legally enforced. This means that individuals can seek recourse in the courts if these rights are ever violated.
• The key categories of Fundamental Rights in India are:

1. 1. Right to Equality (Articles 14-18)
   2. Right to Freedom (Articles 19-22)
   3. Right against Exploitation (Articles 23-24)
   4. Right to Freedom of Religion (Articles 25-28)
   5. Cultural and Educational Rights (Articles 29-30)
   6. Right to Constitutional Remedies (Article 32)

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1. Right to Equality (Articles 14–18) #

• The Right to Equality is a significant fundamental right in the Indian Constitution.
• It ensures that every person, regardless of their religion, gender, caste, race, or place of birth, is treated equally.
• This right extends to employment opportunities in the government and protects against discrimination by the State based on factors like caste or religion.
• It also includes the elimination of titles and the practice of untouchability.

2. Right to Freedom (Articles 19–22) #

• Freedom is a fundamental value in democratic societies, and the Indian Constitution guarantees various aspects of freedom to its citizens. These freedoms include:
  • Freedom of speech
  • Freedom of expression
  • Freedom of peaceful assembly
  • Freedom of association
  • Freedom to pursue any profession
  • Freedom to reside anywhere in the country
• However, some of these rights can be subject to limitations in the interest of state security, public morality, decency, or friendly foreign relations, allowing the government to impose reasonable restrictions.

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3. Right against Exploitation (Articles 23–24) #

• The Right against Exploitation encompasses the prohibition of activities like human trafficking, forced labor (begar), and the employment of children in hazardous conditions.
• The Constitution expressly forbids the employment of children below 14 years in dangerous work environments.

4. Right to Freedom of Religion (Articles 25–28) #

• This fundamental right underscores the secular nature of Indian governance, showing equal respect for all religions.
• It guarantees freedom of conscience, profession, practice, and propagation of religion.
• India has no official state religion, and individuals have the right to freely practice their faith and establish religious and charitable institutions.

5. Cultural and Educational Rights (Articles 29–30) #

• Cultural and Educational Rights protect the interests of religious, cultural, and linguistic minorities.
• They ensure the preservation of their heritage and culture while also promoting education without discrimination.

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6. Right to Constitutional Remedies (Articles 32–35) #

• The Right to Constitutional Remedies guarantees recourse for citizens if their fundamental rights are violated.
• It empowers individuals to approach the courts for redress. The Supreme Court, in particular, can issue writs to enforce these rights.
• These fundamental rights form the core of individual freedoms and protections within the Indian legal framework.

The Framework of Fundamental Rights in India #

Check the Fundamental Rights Chart in the given below table:

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How do Fundamental Rights in India differ from Regular Legal Rights? #

• Fundamental rights in India differ from regular legal rights in how they are enforced.
• When a regular legal right is violated, the affected individual cannot immediately approach the Supreme Court; they must first seek resolution through lower courts.
• Certain fundamental rights apply to all citizens, while others extend to all individuals, including citizens and foreigners.
• It’s crucial to understand that fundamental rights are not absolute. They come with reasonable restrictions, which means they can be limited in the interest of state security, public morality, decency, and maintaining friendly relations with other nations.
• Fundamental rights are justiciable, meaning they can be enforced through the courts. Individuals have the right to directly approach the Supreme Court if their fundamental rights are violated.
• While the Parliament can amend fundamental rights through a constitutional amendment, these amendments must not alter the basic structure of the Constitution.
• During a national emergency, the fundamental rights of the Indian Constitution can be suspended, with the exception of the rights guaranteed under Articles 20 and 21.
• In areas placed under martial law or military rule, the application of fundamental rights may also be restricted.

Crucial Role of Article 13: Safeguarding Fundamental Rights in India #

• Fundamental rights are crucial as they form the bedrock of a nation, safeguarding the interests of its people.
• Article 13 plays a pivotal role by declaring any law that infringes upon these fundamental rights null and void.
• This means that the judiciary has the power of judicial review, explicitly granted in this article.
• It empowers the Supreme Court and High Courts to declare any law, whether it’s a formal statute or other forms like ordinances, orders, rules, or notifications, as unconstitutional if it violates these fundamental rights.
• In essence, Article 13 serves as a guardian of the people’s rights, ensuring that no law can infringe upon these essential protections.

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Can Constitutional Amendments Impact the Core Principles of Fundamental Rights in India? #

• To make any changes to the fundamental rights in India, a constitutional amendment is required. This amendment must pass through both Houses of Parliament and receive approval by a special majority.
• According to Article 13(2) of the Constitution, no laws can be enacted that undermine fundamental rights. However, there has been a debate over whether a constitutional amendment can be considered a law.
• In the past, the Supreme Court’s stance on this matter has evolved. In the Sajjan Singh Case of 1965, the Court ruled that Parliament could amend any part of the Constitution, including fundamental rights.
• However, in 1967, the Court reversed its position in the Golaknath case, stating that fundamental rights cannot be amended.
• In a landmark judgment in 1973, the Kesavananda Bharati Case, the Supreme Court clarified that while Parliament could amend any part of the Constitution, including fundamental rights, it could not abrogate the “basic structure of the Constitution” through a constitutional amendment.
• The “basic structure” doctrine empowers the judiciary to strike down any amendment enacted by Parliament that contradicts the fundamental tenets of the Constitution.
• In 1981, the Supreme Court reaffirmed the Basic Structure doctrine and specified that it should not be applied retrospectively to challenge the validity of amendments made before April 24th, 1973, the date of the Kesavananda Bharati judgment.

Doctrine of Severability: Safeguarding Fundamental Rights in the Indian Constitution #

• This doctrine, also called the Doctrine of Separability, safeguards the fundamental rights embedded in the Constitution.
• Article 13 of the Constitution is where you’ll find it. It states that any laws in force in India before the Constitution came into effect, that contradict the fundamental rights, will be considered void to the extent of that inconsistency.
• In simpler terms, this means that only the specific parts of a law that clash with fundamental rights will be deemed void, not the entire law.
• It ensures that only those provisions of a law that are inconsistent with fundamental rights will lose their legal validity.

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Doctrine of Eclipse: Temporal Inactivity and the Resurgence of Laws in Indian Jurisprudence #

• The doctrine we’re talking about here is called the doctrine of eclipse. What it essentially says is that if a law violates fundamental rights, it doesn’t become entirely null and void right from the start.
• Instead, it becomes non-enforceable, like it’s temporarily inactive.
• When the specific fundamental right that was violated gets reinstated or re-established, the law becomes active again. It’s like the law gets a new lease on life.
• This doctrine of eclipse only applies to laws that were enacted before the Constitution came into force, the so-called pre-constitutional laws.
• Any law created after the Constitution, if it violates a fundamental right, is null and void right from the beginning.
• So, in a nutshell, pre-constitutional laws have a chance to be revived if the violated fundamental right is reinstated, while post-constitutional laws that violate fundamental rights are invalid right from the start.

What Country Served as the Model for India’s Fundamental Rights in its Constitution? #

• The concept of Fundamental Rights in India is taken from the Constitution of the United States.
• These rights are the fundamental building blocks that ensure individuals can lead lives with dignity and integrity.
• You can find these essential rights detailed in Part III of the Indian Constitution.

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Comparing Fundamental Rights and Fundamental Duties: Legal Safeguards vs. Moral Responsibilities in India #

• Fundamental Rights are legally binding rights aimed at safeguarding individual interests and can be enforced through legal channels.
• In contrast, Fundamental Duties are moral and ethical responsibilities that citizens have towards their country and fellow citizens.
• While citizens are expected to fulfill their fundamental duties, there are no legal sanctions if they fail to do so.

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