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The Fundamental Rights in India enshrined in part III (Article 12–35) of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. [1]
- Introduction
- Origin of Fundamental Rights
- Classification of Fundamental Rights
- Salient Features of Fundamental Rights
- Importance of Fundamental Rights
- Amendability of Fundamental Rights
- Article 12 of The Indian Constitution : Definition of State
- Article 13 of The Indian Constitution : Laws Contradictory to Fundamental Rights
- Right to Equality
- Right to Freedom
The enforcement of the fundamental rights under the Indian Constitution is a matter of importance in modern constitutional jurisprudence. Its incorporation as enforceable rights in the modern constitutional documents and internationally recognised Charter of Human Rights emanates from the doctrine of natural law and natural rights. The need for enu...
The origin of fundamental rights can be traced to the concept of human rights. The natural law philosophers, such as Locke and Rousseau, philosophised over the theory that man has certain essential, basic, natural and inalienable rights or freedoms. The concept of human rights protects every individual against the excesses of the State. It attempts...
In the Indian Constitution, the fundamental rights are enshrined in Part IIIof the Indian Constitution and categorised into six heads: 1. Right to equality from Articles 14 to 18; 2. Right to freedom from Articles 19 to 22; 3. Right against exploitation from Articles 23 and 24; 4. Right to freedom of religion from Articles 25 to 28; 5. Cultural and...
The following are a few features of the fundamental rights enshrined in the Constitution of India – 1. The Indian Constitution guarantees and protects fundamental rights. 2. The Parliament has the power and authority to restrict fundamental rights on reasonable grounds. However, such restrictions must be reasonable and not arbitrary. The grounds ba...
Fundamental rights under Part III of the Indian Constitution act as the foundation that upholds the democratic system and justice in India. They establish the essential conditions for an individual’s material and moral protection, ensuring social justice and equality. They also defend the rights of minorities and other weaker sections of society. F...
The Supreme Court, in the case of Kesavananda Bharati v. State of Kerala (1974), held that the Parliament can amend any part of the Constitution, including the fundamental rights, subject to the ‘doctrine of basic structure’ of the Constitution. The Supreme Court has neither specifically defined what entails the basic structure nor did it mention a...
The fundamental rights under the Indian Constitution are provided to the people of India. These rights can be claimed against the State and its instrumentalities and not against private bodies. Hence, a provision defining the term “State” was inserted into the Constitution. Article 12of the Indian Constitution defines an inclusive definition of the...
Article 13 is significant because it protects fundamental rights from arbitrary state actions. It is a protective provision, an index of the importance, as was prioritised by the framers of the Constitution. This provision ensures that the government does not infringe upon fundamental rights through legislation or administrative action. Article 13(...
Article 14 – Equality before law and equal protection of laws
Article 14 of the Indian Constitution secures equality of status and opportunity to all individuals, whether citizens or non-citizens, as outlined in the Preamble to our Constitution. In M. Nagraj v. Union of India (2006), ‘equality’ was declared as a fundamental and essential feature of the Constitution of India. This judgement turned out beneficial in understanding the principle of promissory estoppel, non-arbitrariness, and principles of natural justice and also for abstaining from unreaso...
Article 15 of the Indian Constitution : prohibition of discrimination
The right guaranteed under Article 15 of the Indian Constitution extends exclusively to Indian citizens. There is a prohibition on the State under Article 15(1)from discriminating on the basis of religion, race, caste, sex, or place of birth. Article 15(2) specifies and implements the broader prohibition outlined in Article 15(1) concerning access to shops, public restaurants, hotels and public entertainment venues, as well as the utilisation of wells, tanks, bathing ghats, roads, etc. This p...
Article 16 of the Indian Constitution : equal opportunity in case of public employment
Clause (1) of Article 16provides an equality of opportunity to citizens of India in matters of employment or appointment in any post under the State. Clause (2)of Article 16 expands on the principles laid down in Article 16(1). It also prevents discrimination in employment on the basis of residence and descent. As citizenship is common in India, the residence of the citizen is not a prerequisite for serving in any State. Article 16(2) has a more limited scope compared to Article 15(1) because...
Article 19 – Protection of certain rights regarding freedom of speech, etc
Article 19of the Indian Constitution guarantees the following six freedoms:
Article 21 of the Indian Constitution : Right to Life
It is provided under Article 21 of the Indian Constitution that no individual, except according to the procedure established by the law of the land, is to be deprived of their right to life or personal liberty. In the case of Maneka Gandhi v. Union of India (1978), several propositions to enrich the meaning of Article 21 were laid down. They are as follows: 1. A nexus exists between Articles 14, 19 and 21 of the Indian Constitution. This implies that any law which provides a procedure for dep...
Article 21A of the Indian Constitution : Right to education
The Constitution (Eighty-sixth Amendment) Act, 2002, introduced Article 21-A. It ensures education for all children aged six to fourteen years. It made a mandate upon the Government to enact central legislation to implement the constitutional amendment. To bring into effect this right, the Right of Children to Compulsory Education Act, 2009, was passed by the Parliament.
- Right to Equality. Article 14: Equality before the law. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
- Right to Freedom. Article 19: Protection of certain rights regarding freedom of speech, etc. (1) All citizens shall have the right- (a) to freedom of speech and expression;
- Article 21A: Fundamental Rights to Education. The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
- Right against Exploitation. Article 23: Prohibition of traffic in human beings and forced labor. (1) Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable by the law.
What is at stake is the amplitude of the fundamental rights including that precious and inalienable right under Article 21. If the observations made in M.P. Sharma (supra) and Kharak Singh (supra) are to be read literally and accepted as the law of this country, the fundamental rights guaranteed under the Constitution
Feb 13, 2024 · These rights are crucial for fostering justice, equality, and fraternity and safeguarding the individual against the arbitrary actions of the state. This article of NEXT IAS delves into the salient features, significance, scope, and criticisms surrounding these fundamental rights of Indian Constitution.
Aug 19, 2023 · The Indian Constitution addresses Fundamental Rights in Articles 12-35, emphasizing their inviolable nature for the citizens of India. These human rights, including the Right to Life, Right to Dignity, and Right to Education, are categorized under the umbrella of six primary fundamental rights.
May 7, 2019 · The fundamental rights guaranteed by the constitution of India have certain features that establish their uniqueness, these are: Some of the Fundamental rights are available only to the citizens of India while some are available to everyone such as Indian citizens, foreign citizens, or even companies and corporations.
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