Fundamental rights are basic human freedom guaranteed by country’s constitution to citizens, ensuring that they are protected from arbitrary state actions and can fully develop their personality. These rights come in Part lll of the Indian Constitution which are enshrined in Articles 12 to 35.
Fundamental Rights can be dismissed temporarily by President and can be abolished completely by Parliament.
Note- Part lll of the Indian Constitution is also called “Magna Carta of India”.
Table of Contents
There are six fundamental rights-
Right to Equality (Articles 14-18):
Article 14 – It ensures equality before law.
Exceptions: According to Article 361, the President of India and Governor of state is not answerable to any court for the exercise of their powers or duties and no civil or criminal proceedings can occur or continue against them in any court during their term of office.
According to article 361-A, no civil or court proceedings can occur for a person for publishing any subsequently true report of either House of the Parliament and State Legislature .
No member of Parliament (Article 105) and State Legislature (Article 194) shall be liable to any court proceedings in respect of anything said or any vote given by him in Parliament or any committee.
The foreign sovereigns(rulers), ambassadors and diplomats enjoy immunity from criminal and civil proceedings.
Article 15- It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
Exception – Certain provisions can be made for the woman, children, citizens from any socially or educationally backward class for their up liftment .
Article 16- It ensures equality of opportunity in employment.
Exception – There are provisions for reservation in appointments or posts for any backward class that is not adequately represented in the state services.
Also, an incumbent of a religious or denominational institution may belong to the particular religion or denomination.
Article 17- It ensures the abolition of untouchability.
Article 18 – It ensures the abolition of royal titles and make four provisions in that regard:
i. it prohibits the state from conferring any title on any citizen or a foreigner (except a military or academic distinction).
ii. it prohibits a citizen of India from accepting any title from any foreign state.
iii. a foreigner holding any office of profit or trust under the state cannot accept any title from any foreign state without the consent of the President of India.
iv. No citizen or foreigner holding any office of profit or trust within the territory of India can accept any present , emolument or office from or under any foreign State without the consent of Parliament.
Right to Freedom (Articles 19-22):
Article 19 (1) (a)– It guarantees the freedom of speech and expression .
Article 19(1)(b)- It guarantees the freedom to assemble peacefully.
Article 19(1)(c)– It guarantees the freedom to form association, union or cooperative societies.
Article 19(1)(d)– It guarantees the freedom of movement.
Note- The freedom of movement has two dimensions : internal (right to move inside the country via, Article 19 )and external(right to move out of the country and right to come back to the country via , Article 21)
Article 19(1)(e)- It guarantees the freedom of residence and settlement.
Note- The right of outsiders to reside and settle in tribal areas is restricted to protect the distinctive culture and customs of schedule tribes and to safeguard their traditional vocation and properties against exploitation.
Article 19(1)(b)- It guarantees the freedom to acquire, hold and dispose of property.
But this provision was subsequently removed from the FRs under the 44th Amendment Act of 1978.
Article 19(1)(g)- It guarantees the freedom to practice any profession.
Note- It doesn’t include the right to carry on a profession that is immoral (trafficking in women or children) or dangerous(harmful drugs or explosives, etc.)
Article 19(2) – It allows the state to impose reasonable restrictions on the freedoms granted under Article 19(1).
Article 20 – It ensures the protection in respect of conviction for offences.
Article 20(1)Ex Post Facto Law – This clause prohibits conviction or punishment under a law that was not enforce when the act was committed.
Article 20(2) (Double Jeopardy)- This clause protects against being prosecuted and punished twice for the same offense.
Article 20(3)[Self- Incrimination]- This clause protects individuals from being forced to be a witness against themselves.
Article 21– Freedom of Life and Personal Liberty.
Article 21(a) – It ensures that state should provide free and compulsory education to all children of the age of six to fourteen years.
This provision was added by the 86th Constitutional Amendment Act of 2002.
Article 22– It ensures the protection against arrest and detention in certain cases.
Right Against Exploitation(Articles 23-24):
Article 23- It ensures the prohibition of traffic in human beings and forced labour.
Article 24– It ensures the prohibition of employment of children in factories and other places.
Right to Freedom of Religion(Articles 25-28):
Article 25– It ensures the freedom of conscience and free profession, practice and propagation of religion.
Article 26 – It ensures the freedom to manage religious affairs.
Article 27 – It ensures freedom as to payment of taxes for promotion of any particular religion.
Article 28 – It ensures the freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational Rights(Articles 29-30):
Article 29 – It ensures the right to minorities to protect their language, script or culture.
Article 30 – It ensures the right to minorities to establish and maintain their educational institutions.
Right to Constitutional Remedies(Article 32):
Article 32 – It ensures individuals the right to directly approach the Supreme Court for the enforcement of their FRs.
Note – Article 32 is known as ” The Heart and Soul of Indian Constitution”.
Other Provisions:
- Article 33 – It empowers the Parliament to restrict the FRs of the members of the armed forces, police forces, intelligence agencies and analogous forces.
- Article 34 – It restricts the FRs conferred by Part lll of the Constitution when martial law is in force in any area of India.
- Article 35 – It grants parliament the exclusive power to make laws related to specific matter specified in Article 16(3), Article 32(3), Article 33, and Article 34.
FAQs
1. What are Fundamental Rights?
Fundamental Rights are a group of rights that are guaranteed by a constitution to all citizens. They are considered essential for the development of an individual’s personality and for protecting their dignity and liberty. They are “fundamental” because they are enshrined in the supreme law of the land and are protected from infringement by the state.
2. Why are they called “Fundamental”?
They are called fundamental because:
They are protected by the Constitution.
They are enforceable by courts; you can go to court if they are violated.
They are essential for a dignified and meaningful life.
They form the bedrock of democracy and ensure the rule of law.
3. Who do Fundamental Rights apply to?
In most constitutions (like India’s), Fundamental Rights primarily protect individuals from the state. This means they are a check on the actions of the government, its legislatures, and its officials. However, some rights also apply against the actions of private individuals (e.g., the Right against Exploitation prohibits forced labor by private entities).
4. Are Fundamental Rights absolute?
No, right is absolute. The state can impose reasonable restrictions on them in the interest of:
National security
Public order
Morality
Health
The rights of others
For example, the right to freedom of speech does not allow you to incite violence or spread hate speech.
5. Can Fundamental Rights be suspended?
Yes, but only under extreme circumstances. For example, in India, the President can suspend the enforcement of most Fundamental Rights (except rights to life and personal liberty) during a National Emergency. However, the right to life and personal liberty (Article 21) cannot be suspended even during an emergency.
