7 Fundamental Rights of India

We all have heard about slavery before. In the past, Africans were abducted from their homes and sent all over the world by European colonial powers. They were then employed as employees. Slave wages were either nonexistent or extremely low. Similar to how they could with sheep or cattle, owners were able to sell them as property. Luckily, slavery was banned, and governments all around the world agreed that no human life should be bought or sold. Because life is valuable, it ought to be protected and given the chance to thrive. India is also endowed with six essential rights.

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This Story also Contains

1. What are the Fundamental Rights?
2. List of Fundamental Rights in India
3. Fundamental Rights; Articles 12-35
4. Features of Fundamental Rights of India
5. Importance of Fundamental Rights of India
6. Ammendability of Fundamental Rights of India
7. Supreme Court Judgements on Fundamental Rights of India
8. Availability of Fundamental Rights of India
9. Conclusion

What are the Fundamental Rights?

The listed Fundamental Rights are included in Part III of the Constitution (Articles 12-35). The third provision of the Constitution is titled "The Magna Carta of India." The first recorded statement of the people's fundamental rights may be found in Magna Carta, the English King John's Charter of Rights, which was released in 1215. The fundamental rights enumerated in the Constitution were deemed essential for the preservation of human dignity and the personal growth of every individual.

List of Fundamental Rights in India

India's Constitution guarantees the following six fundamental rights:

The Constitution originally guaranteed the freedom to own property (Article 31). But it was taken from the list of essential rights by the 44th Amendment Act of 1978. It is made a legal right under Article 300-A of Part XII of the Constitution.

Fundamental Rights; Articles 12-35

The integrated Fundamental Rights are contained in Part III of the Indian Constitution, Articles 12 through 35. These rights are deemed necessary for the defence and welfare of citizens and are enforceable in court since they are justified.

Article 12 -Definition

Unless the context indicates otherwise, "the State" in this section refers to all local or other authorities that are situated inside the boundaries of India or that fall under the purview of the Government of India, as well as the Government and Legislature of each State.

Article 13- Provisions for Laws Violating Fundamental Rights

• Any laws that were in force in India prior to the ratification of this Constitution would be deemed null and unconstitutional to the extent that they clash with the provisions of this Part.

• The rights granted by this Part may not be taken away by the State through legislation, and any measure that does so would be invalid to the degree that it violates this provision.

• All ordinances, orders, bye-laws, rules, regulations, notifications, customs, or usages having a legal effect inside the borders of India are referred to as "law";

• Even though a specific law or part of a law may not have been in effect at all at that time or in some areas, the term "laws in force" refers to laws passed or made by legislatures or other competent authorities in India prior to the adoption of this Constitution and which have not been previously repealed.

• Article 368 of the Constitution does not apply to any amendments adopted in accordance with this article.

Article 14 - 18- Right to Equality

• The right to equality provides complete protection for all citizens' equal legal rights.

• The right to equality forbids discrimination on the basis of caste, creed, religion, place of birth, race, or sexual orientation.

• It states unequivocally that no one shall be excluded from the government workforce and prohibits the government from discriminating against its workers on the grounds of race, gender, religion, caste, ancestry, place of birth, place of residence, or any combination of these attributes.

• Articles 14 through 18 ensure equality before the law. The Constitution states that everyone should be treated equally both before and after the law.

• It is forbidden for the state to treat its inhabitants differently on the basis of caste, colour, gender, religion, or place of birth. To attain equality, this is necessary.

Article 19 - 22 -Right to Freedom

• Another name for it is the right to liberty.

• Being free is what everyone values most in life.

• A few of the rights that are safeguarded by the right to freedom include the freedom of speech, expression, and assembly without the use of force, as well as the freedom to move across the whole nation, establish organisations, engage in any kind of profession, and live anywhere in the nation.

• However, these rights are subject to a number of limitations. For further detailed information, refer to this page about the Freedom of Speech. The Right to Education was established under Article 21A of the Indian Constitution by the 86th Constitutional Amendment Act of 2002.

• In accordance with this legislation, "every child between the ages of 6 and 14 has the basic right to a free and compulsory education."

Article 23 - 24; Right against Exploitation

• The historical hierarchical structure of Indian society has led to a variety of kinds of exploitation.

• It's important to realise that being taken advantage of is just as bad as being abused.

• To stop any person from being forced to engage in any type of forced work, this basic right is necessary.

• People cannot be forced to labour against their choice, not even in exchange for money. The Indian constitution forbids any form of forced work.

• Work done for less than the minimum wage required by law is referred to as forced labour. Human trafficking is another constitutional offence mentioned in the document.

• For these reasons, it is against the law to purchase and sell individuals for illicit or immoral purposes. This clause further states that "bound labour" is unlawful.

Article 25 - 28; Right to Freedom of Religion

• It is entirely up to each individual to follow the religion of their choice.

• The Indian Constitution refers to the country as a “secular state” since it is a multireligious country home to Christians, Sikhs, Hindus, and adherents of many other faiths.

• It suggests that India does not have a "national" or "state religion." On the other hand, it gives locals the freedom to worship anyone they wish and to practise any religion.

• But this shouldn't interfere with someone else's religious practices or beliefs. This freedom is also available to foreigners.

Article 29 - 30; Cultural and Educational Rights

• Because of rights related to culture and education, every member of society is entitled to continue using their original tongue or script.

• The variety of Indian society is the first thing that springs to mind. Our Constitution states that as a nation, we are stronger because of our variety. Therefore, one of the minorities' essential rights is the freedom to preserve their culture.

• Ethnic or religious minorities are groups of people who are indigenous to a certain region of the country and who share the same language or religion.

• The establishment of independent educational institutions by minority linguistic and religious groups is likewise lawful. As so, they will be able to maintain and grow their own culture.

Article 31; Compulsory Acquisition of Property

The Constitution (Forty-fourth Amendment) Act, 1978 removed this Article from Part III of the Constitution and replaced it with a revised version known as Article 300A.

Article 32 - 35; Right to Constitutional Remedies

• An Indian person seeking the protection of their basic rights can file an appeal with the Supreme Court.

• Under Articles 32 and 226 of the Constitution, the Supreme Court and the High Court, respectively, are tasked with defending this prerogative.

• The constitutional remedy right is the name given to it. Under this Article, the Supreme Court and the lower courts have the power to enforce basic rights.

• The rights might potentially be expanded by local courts.

• However, the court-martial is not covered by this protection because it is governed by military law.

Features of Fundamental Rights of India

Given below is a brief description of the following features of Fundamental Rights in India

Protected by The Constitution of India

• Unlike regular legal rights, fundamental rights are safeguarded and guaranteed by the nation's constitution.

• Certain rights are exclusive to citizens, while others apply to all people, including foreign nationals and legal entities like businesses and enterprises.

Not Sacrosanct, Absolute, or Permanent

• They are neither unchangeable nor eternal, and the only way the Parliament may limit or remove them is through a constitutional amendment act.

• The rights are qualified rather than unqualified.

• The state may place reasonable limits on them, but the courts will determine whether or not such restrictions are acceptable.

Justiciable in Nature

• If and when these rights are violated, people have the ability to petition the courts to have them upheld.

• The Supreme Court is the first port of call for anybody who feels violated in any way by a basic right.

Restriction of Laws

• Members of the armed forces, paramilitary forces, police forces, intelligence agencies, and similar services may be excluded from or have their application limited by the Parliament (Article 33).

• Martial law is a military regime that is installed in certain situations, although its application may be limited.

Suspension of Rights

• All rights save those protected by Articles 20 and 21 may be suspended while a national emergency is in effect.

• Furthermore, Article 19's six rights cannot be suspended on the pretext of armed revolt (i.e., internal emergency) but only in cases of foreign emergency, war, or attack.

Importance of Fundamental Rights of India

• It is essential because they are the foundation of the nation. To protect the interests of the general public, they are necessary.

• Article 13 states that laws that violate basic rights are null and invalid. In this case, judicial review is expressly permitted.

• Any legislation that violates basic rights may be declared unconstitutional by the Supreme Court and High Courts.

• Laws are included in Article 13, together with orders, notifications, rules, and so forth.

Ammendability of Fundamental Rights of India

• A constitutional modification that has the support of both Houses of Parliament is necessary before any fundamental rights may be changed.

• The modifying measure must be approved by a special majority of the parliament.

• Article 13(2) of the Constitution states that no laws that limit fundamental rights may be approved.

• It is debatable whether or not a constitutional amendment act is a law.

Supreme Court Judgements on Fundamental Rights of India

Shankari Prasad Case 1951

The legality of the First Amendment was contested in this case, which dealt with the amendability of fundamental rights. The SC argued that amending the Fundamental Rights protected in Part III of the Constitution falls under the Parliament's amending authority under Article 368.

• Fact about the Case - The first constitutional amendment of 1951 was challenged in the case of Shakari Prasad v. Union of India. It contested the First Amendment's legality because the addition of A31-A and A31-B restricted the scope of the basic right to property. It was argued that Article 13(2), which is thought to be a safeguard for basic rights, was also broken by the First Amendment.
• Judgement in the Case - The Constitution (First Amendment) Act of 1951, which appended Articles 31A and 31B to the Indian Constitution, did not violate any part of the Constitution. Article 368 indeed gives the interim Parliament the authority to change the Constitution. The phrase "two Houses" in Article 368 refers to both Houses of Parliament as well as the President, and it does not suggest that the amending body is a different entity from Parliament.

Golaknath Case 1967

In this instance, the issues were whether or not an amendment constitutes a law and whether or not fundamental rights are amendable. The SC concluded that the parliamentary restrictions outlined in Article 13 do not apply to the Fundamental Rights and that a new Constituent Assembly would be necessary to modify them.

• Fact about the Case - Henry and William Golaknath, a certain family in Punjab, had 500 acres of land. Still, the Punjabi government passed the Punjab Security and Land Tenures Act in 1953. Under the Act, a person's land ownership is restricted to 30 Standard acres (or 60 Ordinary acres). Consequently, the Golaknath family was ordered to surrender the excess land and was only allowed to retain 30 acres of the entire amount (the other few acres would be given to the tenants).
• Judgement in the Case - Judge Subba Rao concluded that the 17th Amendment violated the Constitution's guarantee to Native Americans of their basic rights to own property and engage in any lawful occupation. But because he used the Doctrine of Prospective Overruling, the Supreme Court's ruling had no bearing on the legality of the 17th Amendment or the 1953 Act. However, Justice Subba Rao emphasised that Part III of the Constitution, which deals with people's basic rights, would no longer be subject to alteration by the Parliament.

Kesavananda Bharti Case 1973

This decision created the basic structure of the Constitution. The Supreme Court ruled that while the Parliament might modify any aspect of the Constitution, including the Fundamental Rights, the "basic structure of the Constitution could not be abrogated even by a constitutional amendment."

• Fact about the Case - At the Edneer Mutt, a monastic religious organisation in Kerala's Kasaragod area, Kesavananda Bharati served as head pontiff. Bharati possessed a little plot of land in the Mutt. The state government of Kerala approved the Land Reforms Amendment Act in 1969. This Act allowed the government to purchase a portion of the Mutt's land.
• Judgement in the Case - The Indian Parliament could amend any provision of the Constitution to fulfil its socio-economic obligations to the citizens, as stated in the Preamble, as long as the amendment did not alter the fundamental framework of the document. This was decided by a razor-thin majority of 7:6 on April 24, 1973. The 24th Amendment to the Constitution was deemed fully legitimate by the court. However, it determined that the first portion of the 25th Amendment to the Constitution was intra vires and the second half was extra vires.

Availability of Fundamental Rights of India

Conclusion

It is determined that fundamental rights, which ensure that individuals have certain unalienable rights that are untouchable by the government or any other institution, are the cornerstone of a democratic society. Along with safeguards against discrimination, torture, and arbitrary detention, these rights include the freedom of expression, religion, and assembly. Individual liberty is safeguarded by fundamental rights, which also promote equality, social justice, and the rule of law. They offer the foundation for an equitable and just society in which everyone may thrive and advance the common good.