Fundamental Rights in the Indian Constitution

Fundamental Rights, laid out in Part III (Articles 12–35) of the Indian Constitution, are essential protections guaranteed to individuals and form the cornerstone of political democracy. Inspired by the U.S. Constitution, these rights aim to prevent authoritarian rule and uphold equality, dignity, and justice for all.

1. Right to Equality (Articles 14–18)

  1. Equality Before Law (Article 14):
    The principle ensures that no individual is above the law and mandates equal treatment of all individuals by the state.
    Example: Both government officials and ordinary citizens must abide by the same laws.
  2. Prohibition of Discrimination (Article 15):
    Prevents discrimination on grounds of religion, race, caste, sex, or place of birth.
    Example: Access to public spaces like parks and libraries cannot be denied based on religion or caste.
  3. Equality of Opportunity in Public Employment (Article 16):
    Ensures equal access to government jobs for all citizens without discrimination.
    Exceptions: The state may reserve jobs for socially and economically disadvantaged groups.
  4. Abolition of Untouchability (Article 17):
    Outlaws untouchability and its associated practices.
    Example: Any act of discrimination based on caste or community is punishable under this provision.
  5. Abolition of Titles (Article 18):
    Prohibits conferring titles that promote social distinctions.
    Exceptions: Academic and military distinctions are permitted, like “Doctor” or “General.”

2. Right to Freedom (Articles 19–22)

  1. Six Freedoms (Article 19):
    • Freedom of speech and expression
    • Freedom to assemble peacefully
    • Freedom to form associations
    • Freedom to move freely within India
    • Freedom to reside in any part of India
    • Freedom to practice any profession
    Restrictions: These rights can be limited in cases concerning public order, national security, and decency.
  2. Protection in Conviction for Offenses (Article 20):
    Safeguards individuals against arbitrary legal action, including protection from retroactive criminal laws, double jeopardy, and self-incrimination.
  3. Right to Life and Personal Liberty (Article 21):
    Guarantees the right to live with dignity, covering aspects such as privacy, health, and education.
    Example: In Maneka Gandhi vs. Union of India, the court expanded the definition to include various personal liberties.
  4. Protection Against Arrest and Detention (Article 22):
    Ensures legal safeguards during arrest, including the right to be informed of the grounds of arrest, the right to consult a lawyer, and restrictions on preventive detention.

3. Right Against Exploitation (Articles 23–24)

  1. Prohibition of Trafficking and Forced Labor (Article 23):
    Bans trafficking and all forms of forced labor.
    Example: Child labor in hazardous industries is prohibited.
  2. Prohibition of Child Labor (Article 24):
    Disallows the employment of children under 14 years in dangerous industries.
    Example: Children cannot be employed in factories or mines.

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

  1. Freedom of Conscience and Religion (Article 25):
    Allows individuals to freely profess, practice, and propagate their religion, subject to public order, health, and morality.
  2. Freedom to Manage Religious Affairs (Article 26):
    Grants religious denominations the right to establish institutions and manage their own affairs.
    Example: Religious groups can operate educational institutions without interference, provided they follow national laws.
  3. Freedom from Religious Taxes (Article 27):
    Prevents the government from imposing taxes to promote any religion.
  4. Freedom from Religious Instruction in Certain Institutions (Article 28):
    Prohibits religious instruction in state-funded educational institutions.

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

  1. Protection of Interests of Minorities (Article 29):
    Safeguards the rights of any group to preserve their language, script, or culture.
    Example: Minority communities can teach their native language in schools.
  2. Right of Minorities to Establish Educational Institutions (Article 30):
    Grants minorities the right to establish and administer educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32)

This article empowers citizens to approach the Supreme Court for enforcement of fundamental rights, considered the “heart and soul” of the Constitution. The Supreme Court can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto to protect these rights.

Features of Fundamental Rights

Fundamental Rights are characterized by specific features, making them crucial to India’s democratic framework:

  1. Availability to All:
    While some rights, such as the right to equality, are universally applicable to citizens and foreigners, certain rights, like freedom of speech and the right to form associations, are exclusive to citizens.
  2. Reasonable Restrictions:
    Fundamental Rights are not absolute and can be subject to reasonable restrictions in the interest of national security, public order, and morality.
    Example: The freedom of speech can be restricted to prevent hate speech, defamation, or threats to national integrity.
  3. Justiciability:
    These rights are enforceable by the judiciary, allowing individuals to approach the courts if they feel their rights are violated.
  4. Supremacy of the Supreme Court:
    The Supreme Court acts as the guardian of Fundamental Rights, ensuring protection through the power of judicial review.
  5. Amendability:
    Parliament can amend Fundamental Rights through a constitutional amendment, provided it does not violate the Constitution’s “basic structure.”
  6. Suspension During Emergencies:
    During a National Emergency, certain rights (except Articles 20 and 21) may be suspended, particularly those related to freedom under Article 19, if the emergency is due to external threats.

Exceptions to Equality

Despite the broad guarantee of equality, specific exceptions are acknowledged within the Constitution:

  1. Presidential and Gubernatorial Immunities (Article 361):
    The President and Governors have immunity from criminal proceedings during their terms and are not answerable for actions taken in office.
  2. Parliamentary Privileges (Articles 105 and 194):
    Members of Parliament and state legislatures enjoy immunity for statements made or votes cast within their respective houses.
  3. Special Provisions for Weaker Sections (Articles 15 and 16):
    The state can enact special provisions for women, children, Scheduled Castes (SC), Scheduled Tribes (ST), and economically weaker sections (EWS).
  4. Diplomatic Immunity:
    Foreign sovereigns and diplomats, as well as the United Nations, enjoy immunity from certain legal proceedings in Indian courts.

Doctrine of Judicial Review (Article 13)

Article 13 grants the judiciary the power to review laws and declare them void if they infringe upon Fundamental Rights. This article also defines “law” broadly to include legislation, ordinances, bylaws, and even customary practices.

Example: If a law restricts the freedom of expression beyond reasonable limits, the Supreme Court can declare it unconstitutional.

Detailed Explanations of Key Articles

Article 14: Equality Before Law and Equal Protection of Laws

  • Equality Before Law: All individuals, regardless of status, are subject to the same legal standards.
  • Equal Protection of Laws: Individuals in similar situations are treated alike without discrimination.

Example: Both wealthy and poor individuals are entitled to the same judicial recourse and legal representation standards.

Article 15: Prohibition of Discrimination

This article prohibits discrimination based solely on religion, race, caste, sex, or place of birth. However, exceptions allow the state to make special provisions for:

  • Women and Children: For example, reserving seats for women in local bodies.
  • Socially and Educationally Backward Classes, SC, and ST: Enabling reservations in public institutions and workplaces to support these groups.

Article 19: Six Freedoms

The freedoms guaranteed under Article 19 are fundamental to personal liberty and democracy:

  1. Freedom of Speech and Expression:
    Citizens can express their ideas freely, barring restrictions related to national security, decency, or public order.
  2. Freedom to Assemble Peaceably Without Arms:
    Citizens may assemble for lawful purposes, with reasonable restrictions for public order.
  3. Freedom to Form Associations or Unions:
    Individuals have the right to establish organizations, but this can be limited for national security or morality.
  4. Freedom of Movement and Residence:
    Allows free movement across India and the right to reside anywhere, with restrictions to protect tribal regions.
  5. Freedom of Profession and Occupation:
    Citizens can pursue any lawful profession, but regulations can restrict certain trades (e.g., licensing requirements for specific occupations).

Article 21: Right to Life and Personal Liberty

Article 21 has been interpreted expansively by the Supreme Court, incorporating several aspects essential to a dignified life. Key rights included under this article are:

  • Right to Livelihood: The state must ensure individuals’ right to work or economic support.
  • Right to Privacy: Citizens have a right to personal privacy, upheld in cases like Puttaswamy v. Union of India.
  • Right to a Healthy Environment: Protects citizens against environmental hazards, ensuring clean air and water.
  • Right to Timely Medical Aid: Ensures the availability of emergency medical support, as recognized in landmark rulings.

Landmark Cases Expanding the Scope of Fundamental Rights

  1. Kesavananda Bharati v. State of Kerala (1973):
    This case established the “basic structure doctrine,” preventing Parliament from amending the Constitution in a way that alters its fundamental framework.
  2. Maneka Gandhi v. Union of India (1978):
    The Supreme Court ruled that the procedure depriving life or liberty must be “reasonable, fair, and just,” expanding the scope of Article 21.
  3. Indra Sawhney v. Union of India (1992):
    This judgment upheld reservations for Other Backward Classes (OBCs) and introduced the “creamy layer” concept, excluding economically advanced members of OBCs from reservations.