This article has been written by Priya A. Yadav from DES Shri Navalmal Firodia Law College, Ferguson, Pune

INTRODUCTION

“To deny people their human rights are to challenge their very humanity” is a quote said by Nelson Mandela and is very true to its words. Fundamental rights belong to the human being just because you are a human being. They are those rights, which are necessarily required for survival and for a dignified life.

Fundamental human rights are rights that the Supreme Court has identified needing a high level of security from government meddling because they are essential for physical, moral, and financial development of a country. These rights are the basic human rights enshrined in the Constitution of India, which are guaranteed to all citizens, without discrimination based on race, religion, gender, etc. Fundamentals rights are justiciable (enforceable by courts); that is, in case of a violation, a person can approach a court of law.

The concept of Fundamental Rights is Adopted from the American Constitution. Fundamental Rights are the rights given (to) the individuals (by) the Constitution (for) their development (against) the state action. The Rights are called Fundamental, Essential and intrinsic for the lending of the individual and are given by fundamental law of the land having constitutional sanction as compared to the other ordinary laws. Part III of the constitution contains a long list of Fundamental Rights. Part III of the constitution is called the ‘Cornerstone’ of the Constitution.

CLASSIFICATION OF FUNDAMENTAL RIGHTS

There are six groups of Fundamental rights: –

Right to Equality (Article 14-18)
Right to Freedom (Article 19-22)
Right against Exploitation (Article 23 & 24)
Right to Freedom of Religion (Article 25-28)
Cultural & Educational Rights (Article 29 & 30)
Right to Constitutional Remedies (Article 32)

It’d be significant to note that the right to property used to be one of the Fundamental Rights in the Constitution. However, the right to property was extracted from fundamental rights under 44^th Constitutional Amendment Act, 1978. Being under the scope of fundamental rights, the right to property was acting as an obstacle for achieving the goal of property distribution and equality. Thus, at present, the right to property is a legal right under article 300A and not considered as a fundamental right.

IMPORTANCE OF FUNDAMENTAL RIGHTS

Fundamental Rights are crucial in a society as they serve to protect and guarantee the individual liberties and freedoms of citizens. These rights are often enshrined in a country’s constitution and are considered fundamental because they are important to the well-being and dignity of individuals. Fundamental Rights are individual liberty, equality, dignity and respect, rule of law, social justice, democratic values, protection against abuse of power, human development and global standards. Fundamental Rights are vital for the protection of individual freedoms, the promotion of equality, and the establishment of a just and democratic society. They provide a legal and moral framework that helps shape the character of a nation and its commitment to respecting the rights and dignity of its citizens.

AMENDABILITY OF FUNDAMENTAL RIGHTS

The Supreme court in the number of cases from Shankari prasad vs Union of India (1952) to Sajjan Singh vs State of Rajasthan (1965), held that by exercising its amending power under article 368, the parliament can amend even part III of the constitution.

In Golak Nath vs The State of Punjab (1967) case, the supreme court overrules its earlier decision and held that the fundamental rights embodies in part III had been in transcendental position by the constitution and no authority, including the parliament through its article 368, was competent to amend the fundamental rights.

By the 24^th amendment act, 1971, the parliament suitably amended article 13 and article 368 to empower itself to amend part III of the constitution.

This amendment act was challenged before the Supreme court in landmark case, Keshva Nanda Bharti vs state of Kerala (1973), the court held that the parliament could amend any of the provisions of the constitution including fundamental rights by its amending power under article 368, provided such amendment act(s) do not touch the ‘basic structure of the constitution’.

DOCTRINE OF SEVERABILITY

The doctrine of severability is also known as the “Doctrine of Separability”. is a legal principle that allows a court to uphold certain provisions of law while striking down others deemed unconstitutional. It enables the preservation of valid parts, ensuring the overall legislation remains functional. In the case of this doctrine, Fundamental Rights eclipse the law or act that is inconsistent, thereby making it unenforceable, yet not void ab initio. Such a law or act can be implemented once again if the limitations established by the Fundamental Rights are eliminated.

DOCTRINE OF ECLIPSE

It is a legal principle stating that laws and legal rights remain in force during a state of emergency or martial law, but their enforcement may be temporarily suspended. It recognizes that the authority of the government may overshadow individual rights during such exceptional circumstances. This doctrine ensures that, even if certain rights may be restricted for the greater good, they are not permanently extinguished, and their validity is restored once the emergency subsides.

RIGHT TO EQUALITY

Article 14 – Equality Before Law

Article 14 considers all individuals the same in the eyes of the law.

This Article states that all citizens of India must be treated equally before the law.
Article 14 further states that the law protects everybody equally.
Under similar circumstances, the law must treat people in the same manner.

Article 15 – Prohibition Of Discrimination

This Article of the Constitution prohibits discrimination of any kind.
Discrimination on grounds of race, sex, caste, religion or place of birth is to be strictly prohibited.
The Article also states that special provisions can be created for women, children, and the backward classes notwithstanding this Article.

Article 16 – Equality in Matters of Public Employment

No citizen shall deem ineligible for any public employment merely on the grounds of religion, race, caste, sex, origin, place of birth or residence.
No citizen may be discriminated against for the above reasons.
Exceptions to the said Article can be made for providing special provisions for the backward classes.

Article 17 – Abolition of untouchability

This article strictly prohibits the practice of untouchability.
Because of Article 17, untouchability in all its forms was abolished.
The Constitution itself does not prescribe any punishment under this article.
Parliament passed the Untouchability (Offences) Act, 1955, which prescribed punishment for untouchability.

Article 18 – Abolition of Titles

The said Article abolishes titles. It states that the State shall not confer any titles. However, those titles which are academic or military in nature shall be allowed.
No citizen of India shall accept any title from any foreign state. The titles that were awarded by the then British government such as Rai Bahadur, Khan Bahadur are also abolished under the scope of this article.
The Conferment of titles like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military honours like Ashok Chakra, Param Vir Chakra are not violative of Article 18.

Right To Freedom

Article 19 – 22

The state provides six fundamental freedomes under article 19 to its citizens

(1) All citizens shall have the right

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India

(g) to practice any profession, or to carry on any occupation, trade or business

The state can impose reasonable restrictions. The Right to form associations, Unions etc. Does not give right to strike. The Indian Constitution does not provide for the freedom of press separately, it is implicit in Article 19, which grants freedom for speech and expression.

Article 20 – Protection of citizens in case of conviction for offences

This provision deals with the protection of citizens in respect of conviction for offences.
The protection is available against the following three types of convictions:-

(A) Ex – post Facto Legislations –

(B) Double Jeopardy –

Article 21 – Right To Life

This provision states that no Individual must be deprived of his personal life and liberty, by the state except as per the procedure laid down by the law.
Life is not merely an animals existence or survival. It would include the right to live with human dignity and all those aspects of life which go to make a man’s life meaningful, complete and worth living.
The said article has a very wide scope, and its interpretation has been molded continuously over the decades.

Article 21A – Free education for children of 6-14 years of age

By the Constitution act,2002 (86^th amendment act), a new fundamental right has been provided by inserting Article 21-A to provide free and compulsory education to all children between the age of 6 to 14 years.
By the same amendment act, (86^th) Article 45, a Directive Principle, relating free and compulsory education for children has been now replaced. Now this new article 45 directs the state to provide childhood care and education to children under 6 years of age.

Article 22 – Protection against arrest and detention in certain cases

This provision is extended to both citizens and non-citizens
It provides certain procedural safeguards to people in case of an arrest
This provision does not include the people arrested under preventive detention laws and enemy aliens.

Article 22 (1) – This provision states that any individual who is in custody has to be informed as to why they have been arrested. Also, they must not be denied the right to consult a lawyer.

Article 22 (2) – This provision states that the arrested individual should be produced before a judicial magistrate within 24 hours of their arrest.

Right Against Exploitation

Article 23 – Prohibition of traffic in human beings and forced labor.

Article 24 – Prohibition of employment of children in factories etc.

Right To Freedom Of Religion

Article 25 – Freedom of Conscience, profession, practice and propagation of religion

Article 26 – Freedom to manage religious affair

To establish and maintain institutions for religious and charitable persons
To manage its own affairs in the matters of religion
To own and acquire movable and immovable property to administer such property in accordance with Law.

Article 27 – Freedom as to payment of taxes for promotion of any particular religion

Article 28 – Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

This article divides educational institutions into four categories:-

Wholly maintained by the state
Recognized by State
Receive aids out of the state funds
Administered by the state but established under a religious endowment.

Cultural and Educational Rights

Article 29 – Protection Of Interests of Minorities

This provision of the Constitution aims to protect the interests of minority groups.

Article 30 – Right Of Minorities to establish and administer educational institutions.

Right To Constitutional Remedies

Dr B.R. Ambedkar called this article as ‘The Fundamental of Fundamental Rights’ and ‘The Heart & Soul of The Constitution’.

There are 5 forms of Writs Under Article 32:-

Habeas Corpus – The term ‘Habeas Corpus’ means ‘to have the body of’. As per this writ, the court has the authority to call upon any person, who has been detained or impriosoned, to be physucally brought before the court.
Certiorari:- The term ‘Certiorari’ means “to be certified”. Whenever any body of persons

(A) having legal authority

(B) to determine questions affecting the rights of subjects

(D) acts in excess of their legal authority, certiorari lies to quash to decision which goes beyond its jurisdiction.

Prohibition :- The writ of prohibition is issued by a superior court to an inferior court or tribunal to prevent it fro usurping jurisdiction which is not vested in it. The court readily grants prohibition where

The defect of jurisdiction is apprent on the face of record that is, it is patent and does not need much argument to make it clear.
A fundamental right is infringed.
The inferior tribunal is biased

An authority is acting under a law which is unconstitutional or ultra vires

4. Certiorari: – Whenever anybody of persons

Having legal authority
To determine questions affecting the rights of subjects and
Having the duty to act judicially
Acts in excess of their legal authority.

5. Quo Warranto: – It literally asks a question – Where is your warrant of appointment? The Court, by this writ examines the legality of the claim on the person to a public offence or franchise. If he is not able to show his legal right he may be ousted by the court.

Landmark cases relating to Fundamental Rights

A.K. Gopalan vs State Of Madras (1950)
Shankari Prasad vs Union Of India (1952)
Golaknath vs Stae Of Punjab (1967)
Keshavanada Bharti vs State Of Kerala (1973)
India Nehru Gandhi vs Raj Narain (1975)
Maneka Gandhi vs UOI (1978)
Minerva Mills Ltd. Vs Ors. Vs Union Of India And Ors. (1980)

CONCLUSION

Fundamental Rights enshrined in the Indian Constitution are like a guarantee which means as long as they exist in the Indian Constitution, democracy will prevail and all Indian citizens can be assured of the protection of their basic rights. Such civil liberties prevail over any other law of the land. Fundamental rights are essential for the comprehensive progress of the people and the nation.