Fundamental Rights in the Indian Constitution: Philosophical Foundations, Features and Legal Framework- Part 02

Fundamental Rights in Part III of the Indian Constitution aim to create a just society by ensuring individual liberties and protection against state and societal oppression. Influenced by social contract theory, these rights integrate Western ideals of liberty with Indian values, covering a broad spectrum of individual freedoms and protections.

Fundamental Rights in India

Philosophical dimension of Part III

• Vision of a Just Society: The philosophy behind India’s Fundamental Rights in Part III is rooted in the vision of a just society, echoing Enlightenment principles that highlight individual rights against State and societal oppression. 
• Influence of Social Contract Theory: Influenced by social contract theory, these rights establish a moral framework for governance, integrating Western ideals of liberty with Indian values like Dharma and Vasudhaiva Kutumbakam (the World is one Family).

Features of the Fundamental Rights

Integral Part of the Constitution: Fundamental rights are an essential part of the Constitution. 

• They cannot be altered or taken away by ordinary legislation. 
• Any regulation passed by any lawmaking body in the country can be declared null and void if it violates the rights guaranteed by the Constitution.
• Detailed and Comprehensive:  The fundamental rights enshrined in Part III of the Indian Constitution are comprehensive and detailed, covering a broad spectrum of individual liberties ranging from the right to equality, freedom of speech, and protection against discrimination to safeguards against arbitrary arrest and detention, etc.
• Restrictions on Fundamental Rights: Fundamental rights are not absolute but qualified, they are subjected to reasonable restrictions provided in the Constitution.
• Functional Constraints: The functioning of these rights is constrained by Article 31A, (which preserves laws pertaining to the acquisition of estates), Article 31B ( validating specific acts and regulations in the 9th Schedule), and Article 31C (safeguarding laws that implement certain directive principles).
• Positive and Negative Rights:  Fundamental Rights are broadly categorized into two – negative and positive.
• • Positive Rights: are those that give privileges to the citizens like the Right to Freedom (Article 19), Right to Life and Liberty (Article 21), etc.
  • Negative Rights: are those that impose certain restrictions on the State like the Right to Equality (Article 14).
• Fundamental Rights to Citizens and Non-citizens: Some Fundamental Rights are available to citizens only; those are –Articles 15, 16, 19, 29, and 30.  
  • The rest of the fundamental Rights are available to both citizens and non-citizens. No fundamental right is available to enemy aliens.
• Against Arbitrary Action- All of the Fundamental Rights are available against the arbitrary action of the State, and some of them are also available against the action of private individuals.
  • Rights addressing issues like the prohibition of untouchability, prevention of forced labour, and prohibition of human trafficking are explicitly applicable not only against the state but also extend to protection against infringement by other individuals.
• Justiciable in Nature: These rights are justiciable, which means that in case of any violation of these rights, the affected individual can move to the court of law, namely the Supreme Court (Article 32)and the High Court (Article 226) for the protection and enforcement of the rights.
• Defendor and Guarantor: Fundamental Rights are defended and guaranteed by the Supreme Court. 
• Amendable in Nature: The fundamental rights are amendable in nature, meaning rights which are not in sync with the aspirations of the society can be amended or abrogated. 
  • It means that they are not sacrosanct or permanent.
  • Kesavananda Bharati Case: the Supreme Court ruled that the fundamental rights can be amended under Article 368 but subjected to the condition that its “basic structure” cannot be changed.
• Suspension during Emergency: During a National Emergency, all rights, except those protected by Articles 20 and 21, can be suspended. 
  • Additionally, the suspension of the six rights outlined in Article 19 is contingent on a declaration of emergency due to war or external aggression (external emergency), not armed rebellion (internal emergency).
• Restrictions on Application related to Armed Forces: The Parliament, under Article 33, has the authority to limit or eliminate the application of Fundamental Rights to members of armed forces, paramilitary forces, police forces, intelligence agencies, and similar services.
• Restrictions during Martial Law: While martial law is in effect in a specific area, the application of Fundamental Rights can be restricted. 
  • Martial law denotes military rule ( Article 34) imposed in abnormal circumstances to restore order and is distinct from the declaration of a national emergency.
• Enforceability Mechanisms: Fundamental Rights are primarily self-executory, meaning they are directly enforceable. 
  • However, for a few rights, enforcement is contingent on legislation enacted by the Parliament, ensuring uniformity throughout the country (Article 35). 
  • State legislatures lack the authority to enact such laws.

Significance of Fundamental Rights

Adapt To Changing Needs: The ability of courts to interpret the scope and application of fundamental rights to evolve and remain relevant amid socio-economic and technological changes.

• Uphold Individual Dignity: Crucial for safeguarding the individual dignity against state and societal interference, ensuring that every person is treated with respect and dignity.
• Protect Individual Liberties: The fundamental right provides a protective shield for individual liberties, ensuring freedom of speech, movement, association, and conscience which are essential for personal development and expression.
• Ensure Equality: These rights aim to create an egalitarian society by prohibiting discrimination on various grounds. 
  • Thus promoting fairness and social justice.
• Check On State Power: Fundamental rights act as a check on the powers of the government preventing any kind of despotic rule and ensuring that government actions are fair and lawful.
• Foster democracy: They are essential for the functioning of a democratic system. 
  • Allowing for the expression of diverse opinions, peaceful assembly, and active political engagement.
• Promote Social Progress: Rights against exploitation and cultural and educational rights help in promoting social and economic development and progress paving the way for a more inclusive society.
• Judicial Enforcement: The inclusion of the right to constitutional remedies empowers citizens to approach the judiciary if their rights are violated. Thus, enforcing the rule of law.

Meaning of ‘State’ in Article 12

Definition of ‘State’: The term ‘State’ can be defined as “A community of persons permanently occupying a definite territory independent of external control and possessing an organized government”.

• Usage: The term ‘State’ has been used in various provisions concerning fundamental rights.  
• Article 12 of the Indian Constitution: Article 12 in Part III of the Constitution of India says: ‘In this part, unless the context otherwise requires, “the State” includes the Government and Parliament of India, the Government and the Legislature of the States, all local or other authorities within the territory of India or under the control of the Government of India’.  

Laws inconsistent with Fundamental Rights: Article 13

Judicial Review and Article 13: Article 13 explicitly states that any and all laws, in contravention of any of the fundamental rights, shall be null and void. 

• It implicitly establishes the principle of judicial review, granting the Supreme Court (under Article 32) and the High Courts (under Article 226) the authority to invalidate any law found to be in violation of the Fundamental Rights.

• Broad Interpretation of ‘Law’: The word ‘law’ in Article 13 is broadly interpreted to include the following:
  • Permanent Laws: Permanent laws passed by the Parliament or the state legislative bodies.
  • Temporary Laws: Temporary laws such as ordinances promulgated by the President or the state Governors.
  • Statutory instruments: in the nature of delegated legislation (executive legislation) like order, by-law, rule, regulation, or notification.
  • Non-Legislative Sources Of Law: such as traditional practices or customs or usage having the force of law.
• Challenging Legal Instruments: Therefore, not just legislation but any of the aforementioned legal instruments can be challenged in the courts on the grounds of infringing a Fundamental Right and, as a result, can be declared invalid or void.

Conclusion

Fundamental Rights are crucial for maintaining individual dignity, equality, and liberty. They act as a check on state power, promote democracy, and foster social progress. 

• Enforced by the judiciary, these rights adapt to changing societal needs and ensure fair governance. 
• Through mechanisms like judicial review, they safeguard citizens’ rights against any unjust laws.

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