Significance of Fundamental Rights – UPSC Notes – Indian Polity

Fundamental rights are essential rights given by the Indian Constitution in Part III, Articles 12 to 35. These rights play a crucial role in protecting human dignity and integrity, contributing to the overall development of society.

They are called fundamental because they are absolute and restrictive, meaning they cannot be changed, violated, or interfered with by any oppressive government or individual. Since these rights are guaranteed, anyone whose rights are violated can approach the Supreme Court for help.

Fundamental rights work in two ways. First, they can be enforced by the courts to protect people from the government’s oppressive actions. Second, these rights have limitations on the government’s actions. The government cannot take administrative or legislative measures that would violate these rights.

Categorization of Fundamental Rights

Earlier, the Right to Property was also regarded as a fundamental right. However, it was later excluded from this category and replaced by Article 300-A. Currently, there are six fundamental rights considered as basic, outlined as follows:

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

Significance of Fundamental Rights

Fundamental rights, considered as basic human rights, are specifically regulated by the Constitution in India, designated as special rights for the people. These rights foster unity in society, helping citizens understand the importance of each member, cooperate, and adjust, thereby maintaining harmonious relationships. The Constitution not only ensures the legal value of these rights but also imparts educational value, encouraging citizens to protect, respect, accept, and uphold the rule of law. They play a vital role in upholding equality and dignity, contributing to the unity and integrity of the nation.

Beyond guaranteeing civil, political, social, and economic rights, fundamental rights serve crucial functions such as safeguarding minority communities, castes, classes, and religious groups. They eliminate discrimination and ensure equality for all. As an integral part of the constitution’s basic structure, these rights cannot be violated, abridged, or interfered with by constitutional laws, provisions, or amendments. Any law contradicting these norms is deemed unconstitutional and void.

Fundamental rights are individual or basic rights, indispensable for meaningful modern constitutional democracy. They are entrenched with the understanding that ordinary laws or provisions cannot infringe or take them away. These rights protect individuals from state violations or excesses, as the state is often seen as a potential violator of human rights.

The inclusion of fundamental rights in the Indian constitution aims to establish a government of laws, not of man. Under the rule of man, society could be disorderly and unrestrained, but under the rule of law, peace and harmony are maintained, ensuring justice and equality. Fundamental rights not only safeguard freedom but also guarantee citizens the right to live a dignified life and personal liberty, preventing encroachment by the state. These liberties play a crucial role in preventing authoritarian and undemocratic rule, essential for the comprehensive development of individuals and the country as a whole.

Importance

1. They form the foundation of the democratic system in the country.
2. They establish the necessary conditions for the material and moral protection of individuals.
3. They act as a strong defense of individual liberty.
4. They aid in establishing the rule of law in the country.
5. They safeguard the interests of minorities and weaker sections of society.
6. They fortify the secular nature of the Indian State.
7. They restrain the absolute authority of the government.
8. They establish the cornerstone of social equality and social justice.
9. They ensure the dignity and respect of individuals.
10. They encourage the participation of people in the political and administrative processes.

In conclusion, it is evident that Fundamental Rights represent the basic human rights essential for both human existence and development. These rights are universal, applying equally to all citizens of India, regardless of factors such as race, birthplace, religion, caste, sex, culture, position, and identity.

The purpose of these rights is to enhance the quality of life for every individual and ensure that not only those from affluent classes, castes, and communities, but also minorities and backward classes, can lead lives characterized by dignity, equality, and various freedoms. They stand as indispensable prerequisites for human existence, aiding individuals in navigating complex and challenging situations. Over time, these rights empower people to analyze intricate situations and make decisions aligned with their aspirations and well-being.

FAQs on Fundamental Rights in the Indian Constitution

1. What are Fundamental Rights, and why are they considered fundamental?
   • Fundamental Rights are essential rights guaranteed by the Indian Constitution in Part III, Articles 12 to 35. They are considered fundamental because they are absolute and restrictive, meaning they cannot be changed or violated by any oppressive government or individual. These rights play a crucial role in protecting human dignity and integrity, contributing to the overall development of society.
2. How do Fundamental Rights work, and what is their dual role in the legal system
   • Fundamental Rights work in two ways. First, they can be enforced by the courts to protect individuals from the government’s oppressive actions. Second, these rights impose limitations on the government’s actions, preventing administrative or legislative measures that would violate these rights.
3. What are the categories of Fundamental Rights, and why was the Right to Property replaced?
   • There are six fundamental rights categorized as: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Right, and Right to Constitutional Remedy. The Right to Property was replaced by Article 300-A. This exclusion was made to refine and update the list of fundamental rights.
4. What is the significance of Fundamental Rights in Indian society?
   • Fundamental Rights hold special importance in India, fostering unity in society, promoting cooperation, and maintaining harmonious relationships. They contribute to the nation’s unity and integrity by upholding equality and dignity. These rights also serve crucial functions like safeguarding minority communities, eliminating discrimination, and ensuring equality for all.
5. How do Fundamental Rights contribute to the democratic system and individual development in India?
   • Fundamental Rights form the foundation of the democratic system in India, establishing necessary conditions for the material and moral protection of individuals. They act as a defense of individual liberty, establish the rule of law, safeguard minority interests, and prevent the absolute authority of the government. These rights ensure the dignity and respect of individuals, promoting social equality and justice while encouraging the participation of people in political and administrative processes.

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