Fundamental Rights (Indian Constitution)

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Fundamental Rights (Indian Constitution)

Fundamental rights are basic human rights that are essential for individuals to live freely and with dignity. These rights are typically guaranteed by a country’s constitution or laws, and they protect people from injustice, discrimination, and oppression. Some common examples of fundamental rights include:

Part III of the Indian Constitution deals with Fundamental Rights. These rights are meant to protect the individual’s liberty, dignity, and equality. The rights listed under Part III are enforceable by the courts. The following are the key fundamental rights guaranteed under the Indian Constitution.

Article 12 to 35 in this regard, the framers of the Constitution derived inspiration from the Constituion of USA described as the “Magna Carta of india”

• The Constitution (44th Amendment) Act of 1978: This amendment made changes to Article 21, strengthening the protection of the right to life and personal liberty.
• The Constitution (42nd Amendment) Act of 1976: This amendment sought to limit the power of judicial review, especially in relation to fundamental rights. It also altered some provisions related to fundamental rights, such as giving Parliament the power to amend fundamental rights under certain circumstances.
• The Constitution (77th Amendment) Act of 1995: It provided for reservation in promotions for Scheduled Castes and Scheduled Tribes (related to Article 16).

The rights to property was deleted from the list of Fundamental Rights by the 44th Ammendment act 1978. It is made a legal right under Article 300 A in Part XII of the Constituion . So at present , there are only six Fundamental Rights.

Part III of the Indian Constitution deals with Fundamental Rights. These rights are meant to protect the individual’s liberty, dignity, and equality. The rights listed under Part III are enforceable by the courts. The following are the key fundamental rights guaranteed under the Indian Constitution:

1. Right to Equality (Articles 14–18)
   • Article 14: Equality before the law and equal protection of the laws.
   • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
   • Article 16: Equality of opportunity in public employment.
   • Article 17: Abolition of untouchability.
   • Article 18: Abolition of titles.
2. Right to Freedom (Articles 19–22)

Article 19: Protection of certain rights regarding freedom of speech, assembly, association, movement, residence, and profession.

Article 20: Protection in respect of conviction for offenses (including protection against double jeopardy and self-incrimination).

Article 21: Protection of life and personal liberty (the right to life is interpreted expansively to include the right to live with dignity).

Article 21 (A) : 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.”

Article 21A of the Indian Constitution refers to the fundamental right to education. It was inserted through the 86th Amendment Act of 2002 and is a part of the Right to Education (RTE) Act. The main essence of Article 21A is to guarantee free and compulsory education to all children between the ages of 6 to 14 years.

Article 22: Protection against arrest and detention in certain cases.

3. Right Against Exploitation (Articles 23–24)

• Article 23: Prohibition of human trafficking and forced labor.
• Article 24: Prohibition of child labor in factories, mines, and other hazardous employment.

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

• Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
• Article 26: Freedom to manage religious affairs.
• Article 27: Freedom from taxation for the promotion of any particular religion.
• Article 28: Freedom from attending religious instruction in educational institutions.

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

• Article 29: Protection of language, script, and culture of minorities.
• Article 30: Right of minorities to establish and administer educational institutions.
• Right to Constitutional Remedies (Article 32)

Furthermore, the basic structure doctrine established by the Supreme Court (in the Kesavananda Bharati case of 1973) means that while the Constitution can be amended, Parliament cannot alter its basic structure, which includes the fundamental rights. So, in essence, while there are amendments to fundamental rights, their core principles remain largely intact.