Features of Fundamental Rights – UPSC Notes – Art and Culture

In India, Fundamental Rights are like the rules written in Part III of our Constitution to make sure that every Indian can live peacefully and happily as a citizen. They are often called “India’s Magna Carta,” inspired by the United States Constitution. We call them fundamental rights because if someone breaks these rules, we can take them to court to make things right.

The Fundamental Rights are basic freedoms that every Indian citizen has for their proper development. These rights apply to all people, no matter their race, birthplace, religion, caste, creed, color, or sex, and should be protected by the law.

Concept of Fundamental Rights

The idea of these rights comes from different places like England’s Bill of Rights, the United States Bill of Rights, and France’s Declaration of the Rights of Man.

Originally, the Indian Constitution had seven Fundamental Rights:

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 property (Article 31)
7. Right to constitutional remedies (Article 32)

But, the right to property was removed by the 44th Amendment Act in 1978. So now, there are only six Fundamental Rights in the Indian Constitution.

Fundamental Rights Overview

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

• Equality before the law and equal protection of laws (Article 14).
• Prohibition of discrimination based on religion, race, caste, sex, or place of birth (Article 15).
• Equality of opportunity in public employment (Article 16).
• Abolition of untouchability and its practice (Article 17).
• Abolition of titles, except military and academic (Article 18).

2. Right to Freedom (Articles 19–22):

• Protection of six rights: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession (Article 19).
• Protection against conviction for offenses (Article 20).
• Protection of life and personal liberty (Article 21).
• Right to elementary education (Article 21A).
• Protection against arrest and detention in certain cases (Article 22).

3. Right Against Exploitation (Articles 23–24):

• Prohibition of trafficking in human beings and forced labor (Article 23).
• Prohibition of employing children in factories, etc. (Article 24).

4. Right to Freedom of Religion (Article 25–28):

• Freedom of conscience and the free profession, practice, and propagation of religion (Article 25).
• Freedom to manage religious affairs (Article 26).
• Freedom from payment of taxes for promoting any religion (Article 27).
• Freedom from attending religious instruction or worship in certain educational institutions (Article 28).

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

• Protection of language, script, and culture of minorities (Article 29).
• Right of minorities to establish and administer educational institutions (Article 30).

6. Right to Constitutional Remedies (Article 32):

• Right to move the Supreme Court for the enforcement of fundamental rights, including the writs of (i) habeas corpus, (ii) mandamus, (iii) prohibition, (iv) certiorari, and (v) quo warranto (Article 32).

Features of Fundamental Rights: Key Points

Fundamental Rights, as ensured by the Constitution, have specific features:

1. Available to All:
   • Some rights are for citizens, while others are for everyone, including foreigners and legal entities like companies.
2. Qualified Rights:
   • Rights are not absolute; reasonable restrictions by the state are allowed, subject to court assessment.
3. Court Decisions:
   • Courts decide if restrictions are reasonable, balancing individual rights and societal needs.
4. Balance of Rights:
   • Fundamental Rights balance individual liberties with social control, safeguarding against state and private actions.
5. Nature of Rights:
   • Some limit state authority (negative), while others grant privileges (positive) to individuals.
6. Justiciable:
   • Courts enforce these rights; individuals can seek remedies if violated.
7. Supreme Court Protection:
   • The Supreme Court defends and guarantees these rights, allowing direct petitions without lower court appeals.
8. Parliamentary Control:
   • Rights can be limited or repealed only by a constitutional amendment, preserving the Constitution’s basic structure.
9. Emergency Suspension:
   • During a National Emergency, most rights can be suspended, especially Article 19 rights during external emergencies.
10. Specific Limitations:
    • Certain articles (e.g., 31A, 31B, 31C) restrict the scope of Fundamental Rights.
11. Military and Police Forces:
    • Parliament can limit or repeal rights for armed forces and similar services under Article 33.
12. Martial Law:
    • Rights may face restrictions under martial law, different from a national emergency.
13. Enforceability:
    • Most rights are directly enforceable; a few require additional laws enacted by Parliament for enforcement.
14. Uniform Legislation:
    • To ensure consistency, laws for Fundamental Rights enforcement can only be enacted by Parliament, not state legislatures.

Fundamental Rights Exclusive to Citizens

Certain Fundamental Rights are reserved exclusively for Indian citizens and not extended to foreigners. These include:

1. Prohibition of Discrimination (Article 15):
   • Citizens are protected against discrimination based on religion, race, caste, sex, or place of birth.
2. Equality of Opportunity in Public Employment (Article 16):
   • Citizens have the right to equal opportunities in matters of public employment.
3. Protection of Six Rights under Article 19:
   • Citizens enjoy protection in six areas: (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession.
4. Protection of Life and Personal Liberty (Article 21):
   • Citizens have a fundamental right to the protection of life and personal liberty.
5. Right of Minorities to Establish and Administer Educational Institutions (Article 30):
   • Citizens belonging to minority communities have the right to establish and administer educational institutions.

These rights are exclusive to Indian citizens, ensuring certain privileges and protections for them under the Constitution.

Amendability of Fundamental Rights

The process of amending Fundamental Rights involves constitutional amendments, requiring approval from both Houses of Parliament with a special majority. The Supreme Court has played a crucial role in shaping the stance on this matter:

1. Sajjan Singh Case (1965):
   • The Supreme Court initially ruled that Parliament had the authority to change any part of the Constitution, including Fundamental Rights.
2. Golaknath Case (1967):
   • In a shift from its earlier position, the Supreme Court declared that basic rights could not be altered, challenging the notion that Parliament had unrestricted powers in this regard.
3. Kesavananda Bharati Case (1973):
   • The Supreme Court clarified in this case that while Parliament had the jurisdiction to change any aspect of the Constitution, including Fundamental Rights, the “fundamental structure of the Constitution” could not be abolished through a constitutional amendment.
   • This ruling established the concept that there are certain core principles, the “fundamental structure,” which cannot be modified even through constitutional amendments.

Significance of Fundamental Rights

1. Foundation of Democracy:
   • Fundamental Rights form the cornerstone of the country’s democratic system, ensuring the protection of individual freedoms.
2. Material and Moral Protection:
   • They create the necessary conditions for safeguarding both the material and moral well-being of individuals.
3. Barrier to Arbitrary Authority:
   • Serving as a significant barrier, Fundamental Rights prevent arbitrary actions by authorities, protecting the liberties of individuals.
4. Rule of Law:
   • Fundamental Rights contribute to building and reinforcing the rule of law, ensuring that governance adheres to established legal principles.
5. Defense of Minority and Disadvantaged Rights:
   • These rights play a crucial role in defending the rights of minorities and marginalized sections of society, fostering inclusivity.
6. Contribution to Secular Structure:
   • Fundamental Rights contribute to maintaining the secular structure of the Indian State, promoting equality and impartiality among diverse communities.
7. Check on Government Authority:
   • They serve as a check on the government’s authority, preventing it from exercising unchecked power and ensuring accountability.
8. Groundwork for Social Equality and Justice:
   • Fundamental Rights establish the groundwork for social equality and justice, fostering a society where all individuals are treated fairly.
9. Protection of Dignity and Respect:
   • By safeguarding individual freedoms, Fundamental Rights protect the dignity and respect of every person.
10. Facilitating Citizen Participation:
    • They make it easier for citizens to actively participate in the political and administrative processes of the country, promoting a vibrant and engaged citizenry.

Criticism of Fundamental Rights

1. Excessive Limits:
   • Critics argue that Fundamental Rights are subjected to numerous exceptions, restrictions, and qualifiers, leading to ambiguity. Opponents claim that while the Constitution grants these rights, it also takes them away through various limitations.
2. Absence of Social and Economic Rights:
   • The list mainly consists of political rights, lacking provisions for social and economic rights like social security, labor rights, employment rights, and more. Critics point out that citizens in advanced democratic countries have access to these rights, and even communist constitutions of former USSR and China provided similar rights.
3. Lack of Clarity:
   • Fundamental Rights are criticized for being vaguely and ambiguously stated. The terms used, such as ‘public order,’ ‘minorities,’ and ‘reasonable limitation,’ lack clear definitions. The sophisticated vocabulary makes it challenging for the average person to understand.
4. No Permanency:
   • The rights are not considered sacred or immutable as Parliament can limit or eliminate them. Critics argue that this lack of permanency can make these rights vulnerable to political maneuvering.
5. Suspension During Emergency:
   • The provision allowing suspension of Fundamental Rights during a National Emergency, except for a few, is criticized for putting the rights of millions at constant risk. Critics argue that Fundamental Rights should be upheld in all circumstances.
6. Expensive Remedy:
   • Critics point out that defending Fundamental Rights in court can be prohibitively expensive, favoring the wealthy. This makes it challenging for the average person to enforce their rights through legal avenues.
7. Preventive Detention:
   • The provision for preventive detention (Article 22) is criticized for granting the state arbitrary authority, undermining individual liberty. Critics argue that it prioritizes the rights of the state over those of the individual.
8. No Consistent Philosophy:
   • Some critics claim that the chapter on Fundamental Rights lacks a cohesive philosophical foundation. Sir Ivor Jennings suggested that the rights proclaimed in the Indian Constitution lack a consistent philosophical basis.

Role of Fundamental Rights in Addressing Social Inequalities:

Fundamental Rights for Indians have played a crucial role in addressing and reversing pre-independence social inequalities. These rights have been instrumental in various aspects:

1. Abolishing Untouchability:
   • Fundamental Rights have been used to eliminate untouchability, ensuring that every individual, regardless of caste, is treated with dignity and equality.
2. Prohibition of Discrimination:
   • These rights prohibit discrimination based on various grounds, including religion, race, caste, gender, or place of birth. By doing so, they contribute to creating a more egalitarian society.
3. Preventing Human Trafficking and Forced Labor:
   • Fundamental Rights act as a safeguard against human trafficking and forced labor, ensuring the protection of individuals from such exploitative practices.
4. Protection of Cultural and Educational Rights:
   • These rights extend protection to the cultural and educational rights of ethnic and religious minorities. They empower minorities to preserve their languages and establish and manage their educational institutions, promoting diversity and inclusivity.

In essence, Fundamental Rights not only guarantee individual freedoms but also serve as powerful tools for social justice, dismantling historical inequalities and fostering a more equitable and inclusive society in post-independence India.

FAQs on Fundamental Rights in India

1. What are Fundamental Rights in India?
   • Fundamental Rights in India are basic freedoms guaranteed by the Constitution, outlined in Part III. They ensure every citizen, regardless of background, has certain essential rights for proper development. They are often referred to as “India’s Magna Carta.”
2. How many Fundamental Rights were originally included in the Indian Constitution?Originally, the Indian Constitution had seven Fundamental Rights. However, the right to property was removed by the 44th Amendment Act in 1978, leaving six Fundamental Rights.
3. What are the six categories of Fundamental Rights in India?
   • The six categories of Fundamental Rights are Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
4. What is the significance of Article 32 in the Indian Constitution?
   • Article 32 grants citizens the Right to Constitutional Remedies, allowing them to directly approach the Supreme Court for the enforcement of Fundamental Rights through writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
5. Can Fundamental Rights be amended in the Indian Constitution?
   • Yes, Fundamental Rights can be amended through the constitutional amendment process, requiring approval from both Houses of Parliament with a special majority. However, the “fundamental structure” of the Constitution, including certain core principles, cannot be altered.
6. Who are Fundamental Rights exclusive to in India?
   • Certain Fundamental Rights, such as Prohibition of Discrimination (Article 15), Equality of Opportunity in Public Employment (Article 16), and Protection of Six Rights under Article 19, are exclusive to Indian citizens and not extended to foreigners.
7. What is the role of Fundamental Rights in addressing social inequalities in India
   • Fundamental Rights have played a crucial role in addressing social inequalities by abolishing untouchability, prohibiting discrimination, preventing human trafficking and forced labor, and protecting cultural and educational rights of minorities.
8. Can Fundamental Rights be suspended during a National Emergency?
   • Yes, during a National Emergency, most Fundamental Rights, especially those under Article 19, can be suspended. However, certain rights remain unaffected even during emergencies.
9. What is the criticism of Fundamental Rights in India?
   • Critics argue that Fundamental Rights face excessive limits, lack social and economic rights, lack clarity in their language, lack permanency, and can be an expensive remedy for the average citizen.
10. How do Fundamental Rights contribute to the rule of law in India?
    • Fundamental Rights contribute to the rule of law by providing a framework that prevents arbitrary actions by authorities, ensures accountability, and safeguards individual freedoms, thereby reinforcing the principles of democracy and governance in India.

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