Fundamental Rights are essential human rights enshrined in the Constitution of India. They are designed to ensure the dignity and liberty of individuals. These rights apply to all citizens without discrimination based on race, religion, gender, or caste. They are enforceable by the courts, allowing individuals to seek legal redress for violations.
Categories of Fundamental Rights
The Constitution of India outlines six fundamental rights, detailed in Part III, Articles 12 to 35. They include:
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right against Exploitation (Articles 23-24)
- Right to Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights (Articles 29-30)
- Right to Constitutional Remedies (Article 32)
Right to Equality
The Right to Equality guarantees equal treatment under the law. It prohibits discrimination and ensures equal opportunities in public employment. This right abolishes untouchability and titles.
Right to Freedom
The Right to Freedom encompasses various freedoms, including:
- Freedom of speech and expression
- Freedom of assembly
- Freedom of association
- Freedom of movement
- Freedom to practice any profession
These freedoms, however, are subject to reasonable restrictions for reasons of security, public order, and morality.
Right against Exploitation
This right prohibits human trafficking, forced labour, and the employment of children in hazardous conditions. It aims to protect vulnerable groups from exploitation.
Right to Freedom of Religion
This right ensures the freedom to practice, profess, and propagate any religion. It puts stress on the secular nature of the state of India, allowing individuals to establish and maintain religious institutions.
Cultural and Educational Rights
These rights protect the interests of minorities. They allow minorities to preserve their culture and establish educational institutions. This ensures that diverse cultural identities are respected and sustained.
Right to Constitutional Remedies
This right allows individuals to approach the Supreme Court for enforcement of their fundamental rights. The court can issue writs to enforce rights, ensuring that the government cannot infringe upon these rights unlawfully.
Limitations of Fundamental Rights
Fundamental Rights are not absolute and come with certain limitations:
- Social and Economic Rights Exclusion: Rights like social security and employment are not included as fundamental rights.
- Lack of Clarity: Some terms used to define rights lack clear definitions, leading to confusion.
- Amendability: The government can amend or restrict rights, raising concerns about political motivations.
- Suspension During Emergencies: Rights can be suspended during a national emergency, except for Articles 20 and 21.
- Preventive Detention: Laws allow for preventive detention, which critics argue undermines individual freedoms.
- Judicial Process Costs: The legal process for enforcing rights can be expensive and complex.
- Special Provisions for Security Forces: Fundamental rights can be restricted for armed forces and police.
Importance of Fundamental Rights
Fundamental Rights serve as a safeguard for individual liberties. They empower citizens to challenge unjust laws. They are crucial for maintaining democracy and ensuring social justice. Article 13(2) states that any law violating these rights is void.
Difference Between Fundamental and Legal Rights
Fundamental Rights differ from legal rights in enforcement. Legal rights require individuals to approach lower courts first. In contrast, violations of Fundamental Rights can be directly challenged in the Supreme Court.
Amendability of Fundamental Rights
Changes to Fundamental Rights require a constitutional amendment. Amendments must be passed by a special majority in Parliament. The Supreme Court’s Kesavananda Bharati case established that the basic structure of the Constitution cannot be altered.
Judicial Interpretation of Fundamental Rights
The judiciary plays role in interpreting Fundamental Rights. The Supreme Court has expanded the scope of rights through various judgements. For example, the right to privacy has been interpreted as part of the right to life.
Doctrine of Severability
This doctrine states that if part of a law violates Fundamental Rights, only that part is void. The rest of the law remains enforceable. This ensures that not all provisions of a law are discarded due to an inconsistency.
Doctrine of Eclipse
This doctrine indicates that laws violating Fundamental Rights are not void ab initio. They become unenforceable but can be revived if the violation is addressed. This applies primarily to pre-constitutional laws.
Fundamental Duties
Fundamental Duties were added to the Constitution by the 42nd Amendment in 1976. They outline the responsibilities of citizens towards the nation. These duties promote civic awareness and encourage active participation in governance.
Recent Developments in Fundamental Rights
In October 2023, the Supreme Court ruled against recognising same-sex marriages, stating that there is no fundamental right to marry in the Constitution. This decision has sparked discussions about the evolving nature of Fundamental Rights.
