Fundamental Rights in India

Okay, here's an explanation of the Fundamental Rights in India, including the background, reasons for inclusion, and importance for each, based on the sources:

Fundamental Rights in India: An Overview

Fundamental Rights are enshrined in Part III (Articles 12-35) of the Constitution of India.¹ They are considered essential for the all-round development of individuals and to ensure a life of dignity and peace.² These rights are fundamental because they are guaranteed and protected by the Constitution, which is the supreme law of the land, and are enforceable by the courts.³

The demand for these rights dates back to India's struggle for independence, with early calls in documents like the Constitution of India Bill, 1895 (Swaraj Bill) and the Nehru Report of 1928.⁴ They were included to ensure individual liberty, preserve human dignity, prevent arbitrary state action, and establish a society based on justice, equality, and fraternity. Their importance lies in being the bedrock of Indian democracy, safeguarding citizens against state overreach, protecting minorities, and promoting the nation's unity and integrity.⁵

Here's a breakdown of each fundamental right:

1. Right to Equality (Articles 14-18)

• Background: This right was incorporated to combat the widespread discrimination prevalent in pre-independence India based on caste, religion, gender, and place of birth. The aim was to establish a society where every individual is treated with fairness and dignity. Concepts such as 'Equality Before Law' (influenced by British jurisprudence) and 'Equal Protection of Laws' (influenced by the American Constitution) were key inspirations.

• Reason for Inclusion: The primary reason was to abolish discriminatory practices and ensure that all citizens are treated equally, providing them with equal opportunities.⁶ It was seen as crucial for nation-building, uplifting historically marginalized sections, and eliminating social and economic inequalities, thereby forming a cornerstone of Indian democracy.⁷

• Importance:

  • Article 14 (Equality before law): Ensures that every person is equal before the law and has equal protection of the laws within India.⁸ It means no one is above the law.

  • Article 15 (Prohibition of discrimination): Prohibits discrimination by the State against any citizen on grounds only of religion, race, caste, sex, or place of birth.⁹ It also ensures non-discriminatory access to public places.

  • Article 16 (Equality of opportunity in public employment): Guarantees equality of opportunity for all citizens in matters of public employment or appointment to any office under the¹⁰ State, with certain exceptions for reservation for backward classes.

  • Article 17 (Abolition of Untouchability): Abolishes "untouchability" and forbids its practice in any form.¹¹ This was a significant step towards eradicating a deeply entrenched social evil.

  • Article 18 (Abolition of titles): Prohibits the State from conferring titles (except military or academic distinctions) and prevents Indian citizens from accepting titles from foreign states.¹² This was done to prevent the creation of a hereditary aristocracy. Collectively, these provisions are vital for fostering a just, fair, and equitable society.

2. Right to Freedom (Articles 19-22)

• Background: This right was born out of the Indian people's struggle for freedom from colonial rule. It reflects the aspiration for individual liberty, dignity, and the freedom to live life as per one's choosing, within the framework of the law.

• Reason for Inclusion: To guarantee basic individual liberties which are considered essential for the functioning of a democratic society and for the personal development of individuals. These freedoms allow for open discussion, dissent, and participation in the democratic process.

• Importance:

  • Article 19 (Protection of six rights): Guarantees citizens six fundamental freedoms:

    • Freedom of speech and expression.

    • Freedom to assemble peaceably and without arms.¹³

    • Freedom to form associations or unions or co-operative societies.¹⁴

    • Freedom to move freely throughout the territory of India.¹⁵

    • Freedom to reside and settle in any part of the territory of India.

    • Freedom to practice any profession, or to carry on any occupation, trade, or business.¹⁶¹⁷ These freedoms are subject to reasonable restrictions¹⁸ imposed by the State in the interest of sovereignty and integrity of India, security of the State, friendly relations with foreign States,¹⁹ public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offense.²⁰

  • Article 20 (Protection in respect of conviction for offenses): Provides protection against arbitrary²¹ and excessive punishment to an accused person, whether citizen or foreigner.²² It includes protection against ex-post-facto laws (not being convicted for an act that was not an offense at the time of its commission), double jeopardy (not being prosecuted and punished for the same offense more than once), and self-incrimination (not being compelled to be a witness against oneself).²³

  • Article 21 (Protection of Life and Personal Liberty): Declares that no person shall be deprived of his life or personal liberty except according to²⁴ the procedure established by law. The Supreme Court²⁵ has interpreted this right very broadly to include the right to live with human dignity, right to a clean environment, right to livelihood, right to privacy, right to shelter, right to health, and the right to a speedy trial, among others.

  • Article 21A (Right to Education): Stipulates that 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.²⁶

  • Article 22 (Protection against arrest and detention in certain cases):²⁷ Grants protection to persons who are arrested or detained. It provides rights such as being informed of the grounds of arrest, consulting and being defended by a legal practitioner of one's choice, being produced before the nearest magistrate within 24 hours of arrest, and not being detained beyond the said period without the authority of a magistrate.²⁸ These safeguards are not available to an enemy alien or a person arrested or detained under a law providing for preventive detention.²⁹³⁰

3. Right against Exploitation (Articles 23-24)

• Background: This right was formulated in response to historically prevalent exploitative practices in India, such as forced labor (begar), bonded labor, human trafficking (including the Devadasi system which involved dedicating young girls to temples), and the widespread use of child labor in hazardous industries.

• Reason for Inclusion: To uphold human dignity and protect individuals, particularly vulnerable sections like women, children, and marginalized communities, from various forms of abuse, servitude, and injustice. It aimed to eradicate practices that treated human beings as commodities or subjected them to dehumanizing conditions.

• Importance:

  • Article 23 (Prohibition of traffic in human beings and forced labour): Prohibits trafficking in human beings, begar (forced labor without payment), and other similar forms of forced labor.³¹ Any contravention of this provision is an offense punishable in accordance with the law. This right is available against both the State and private individuals.

  • Article 24 (Prohibition of employment of children in factories, etc.): Prohibits the employment of children below the age of³² fourteen years in any factory, mine, or other hazardous employment.³³ This³⁴ is crucial for protecting the health, well-being, and right to education of children, ensuring they are not robbed of their childhood due to economic exploitation.

4. Right to Freedom of Religion (Articles 25-28)

• Background: India is a land of immense religious diversity, with a long history of various faiths coexisting.³⁵ The framers of the Constitution were committed to establishing a secular state where all religions are treated with equal respect and where individuals are free to practice their faith.

• Reason for Inclusion: To guarantee and protect religious freedom for both individuals and groups, thereby upholding the secular character of the Indian State. It ensures that the State does not favor or discriminate against any particular religion and allows for the peaceful coexistence of diverse religious communities.

• Importance:

  • Article 25 (Freedom of conscience and free profession, practice and propagation of religion): Guarantees to all persons (not just citizens) the freedom of conscience and the right to freely profess, practice, and propagate religion, subject to public order,³⁶ morality, health, and other provisions relating to fundamental rights.³⁷

  • Article 26 (Freedom to manage religious affairs): Subject to public order, morality, and health, every religious denomination or any section thereof has the right:

    • to establish and maintain institutions for religious and charitable purposes;³⁸

    • to manage its own affairs in matters of religion;

    • to own and acquire movable and immovable property; and

    • to administer such property in accordance with the law.³⁹

  • Article 27 (Freedom as to payment of taxes for promotion of any particular religion):⁴⁰ Stipulates that no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

  • Article 28 (Freedom as to attendance at religious instruction or religious worship in certain educational⁴¹ institutions): Provides that no religious instruction shall be provided in any educational institution wholly maintained out of State funds.⁴² However, this⁴³ does not apply to an educational institution administered by the State but established under any endowment or trust which requires that religious instruction⁴⁴ shall be imparted in such institution. It also states that no person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction⁴⁵ or worship without their consent (or their guardian's consent, in case of a minor).

5. Cultural and Educational Rights (Articles 29-30)

• Background: Recognizing India's rich tapestry of diverse cultures, languages, and scripts, the Constitution makers sought to provide specific protections for minority groups to preserve their unique identities.⁴⁶

• Reason for Inclusion: To ensure that minority communities can conserve their distinct language, script, and culture, and to empower them to establish and administer educational institutions of their choice. This fosters a sense of security among minorities and promotes national integration by respecting and preserving diversity.

• Importance:

  • Article 29 (Protection of interests of minorities):

    • Clause (1) provides that any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of its own shall have the right to conserve the same.⁴⁷

    • Clause (2)⁴⁸ states that no citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language, or any of them.⁴⁹⁵⁰

  • Article 30 (Right of minorities to establish and administer educational institutions):⁵¹

    • Clause⁵² (1) grants all religious and linguistic minorities the right to establish and administer educational institutions of their choice.⁵³ This⁵⁴ is often referred to as the "Charter of Education Rights" for minorities.

    • Clause (2) prohibits the State from discriminating against any educational institution, in granting aid, on the ground that it is under the management of a minority, whether based on religion or language.⁵⁵⁵⁶ These rights are crucial for maintaining the pluralistic fabric of Indian society and ensuring that minorities can actively participate in the nation's life without fear of losing their cultural identity.

6. Right to Constitutional Remedies (Article 32)

• Background: The framers of the Constitution understood that merely listing fundamental rights would be insufficient without an effective mechanism for their enforcement. Dr. B.R. Ambedkar famously described Article 32 as the "very soul of the Constitution and the very heart of it."⁵⁷

• Reason for Inclusion: To ensure that fundamental rights are not just theoretical declarations but are practically enforceable. This right empowers citizens to directly approach the Supreme Court (and High Courts under Article 226) if their fundamental rights are violated.⁵⁸

• Importance:

  • Article 32 guarantees the right to move the Supreme Court for the enforcement of fundamental rights.⁵⁹

  • The Supreme Court has⁶⁰ the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the fundamental rights.⁶¹

  • This right makes the fundamental rights real and meaningful, as it provides a direct and effective remedy against their infringement. It acts as a check on the powers of the executive and legislature and upholds the principle of the rule of law. The right to move the Supreme Court under Article 32 cannot be suspended except as otherwise provided for by the Constitution (e.g., during a National Emergency).⁶² This right is fundamental to the protection of all other fundamental rights, ensuring justice and accountability.⁶³