Fundamental Rights
The Fundamental Rights are enshrined in Part of the Constitution from Articles 12 to 35. In this regard, the framers of the Constitution derived inspiration from the Constitution of USA. Originally, the Constitution provided for seven Fundamental Rights.
At present, there are only six Fundamental Rights. Part III of the Constitution is rightly described as the Magna Carta of India. While Fundamental Rights are available to all persons, certain Fundamental Rights are available only to Indian Citizens.
Right to constitutional remedies (Articles - 32)
A writ is an order or command issued by a court in writing under its seal. It is in the nature of a command or prohibition from performing certain acts that are specified in the orders of the court. Both the Supreme Court and the High Courts are empowered to issue five kinds of writs.
That is why the Supreme Court is called the “Guardian of the Constitution”. According to Dr. Ambedkar, Article 32 is “the heart and soul of the Constitution”.
a) Habeas Corpus:
Safeguards people from illegal arrests.
b) Mandamus:
It protects the petitioner who requires legal help to get his work done by respective public authorities.
c) Prohibition:
It prohibits a subordinate court from acting beyond its jurisdiction.
d) Certiorari:
It quashes an order issued by a subordinate court by overstepping its jurisdiction.
e) Quo Warranto:
It prevents usurpation of public office through illegal manner.
Suspension of Fundamental Rights
When the President makes a Proclamation of Emergency under Article 352, the freedoms guaranteed under Article 19 are automatically suspended.
The President can suspend other fundamental rights through specific orders. These orders must be approved by the Parliament.
I. RIGHT TO EQUALITY
Art. 14 - Equality before law.
Art. 15 - Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Art. 16 - Equality of opportunity in matters of public employment.
Art. 17 - Abolition of Untouchability.
Art. 18 - Abolition of titles except military and academic.
II. RIGHT TO FREEDOM
Art. 19 - Freedom of speech and expression, assembly, association, movement, residence and profession.
Art. 20 - Protection in respect of conviction for offences.
Art. 21 - Protection of life and personal liberty.
Art. 21A - Right to elementary education.
Art. 22 - Protection against arrest and detention in certain cases.
III. RIGHT AGAINST EXPLOITATION
Art. 23 - Prohibition of traffic in human beings and forced labour.
Art. 24 - Prohibition of employment of children in factories, etc.
IV. RIGHT TO RELIGION
Art. 25 - Freedom of conscience and free profession, practice and propagation of religion.
Art. 26 - Freedom to manage religious affairs.
Art. 27 - Freedom from payment of taxes for promotion of any religion.
Art. 28 - Freedom from attending religious instruction or worship in certain educational institutions.
V. CULTURAL & EDUCATIONAL RIGHTS
Art. 29 - Protection of language, script and culture of minorities.
Art. 30 - Right of minorities to establish and administer educational institutions.
Right to Property
(Art. 31) was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978. It is made a legal right under Article 300-A in Part XII of the Constitution.
VI. RIGHT TO CONSTITUTIONAL REMEDIES
Art. 32 - It allows individuals to seek redressal for the violation of their fundamental rights.
Conclusion
The Fundamental Rights enshrined in the Indian Constitution form the cornerstone of individual liberty and equality. These rights safeguard the freedoms of the citizens and ensure protection against exploitation, discrimination, and oppression.
With the power of judicial review under Article 32, individuals can approach the Supreme Court for redressal, making it a crucial mechanism for upholding constitutional values. While these rights are primarily available to Indian citizens, certain rights are also extended to all persons, providing universal protection.
Though the right to property was removed from the list of Fundamental Rights, the Constitution still protects it under a legal framework. The significance of these rights cannot be overstated, as they represent the core ideals upon which India's democracy and rule of law rest.
1. What are Fundamental Rights in the Indian Constitution?
Fundamental Rights are the basic rights guaranteed to every citizen under Part III of the Indian Constitution (Articles 12 to 35). They are essential for ensuring individual freedom, equality, and justice, forming the foundation of India's democracy.
2. What is the Right to Constitutional Remedies?
Under Article 32, the Right to Constitutional Remedies allows individuals to approach the Supreme Court for enforcement of their Fundamental Rights if they are violated. The Supreme Court is empowered to issue writs to provide relief.
3. What are the different kinds of writs issued by the courts?
The courts can issue five types of writs:
- Habeas Corpus: Protects against illegal arrest.
- Mandamus: Orders public authorities to perform a duty.
- Prohibition: Prevents subordinate courts from exceeding jurisdiction.
- Certiorari: Quashes unlawful orders from lower courts.
- Quo
Warranto:
Prevents illegal occupancy of public office.
4. Can Fundamental Rights be suspended?
Yes, under a Proclamation of Emergency (Article 352), the President can suspend certain Fundamental Rights, notably the freedoms guaranteed under Article 19. Other rights may also be suspended through specific orders, subject to Parliament's approval.
5. Are Fundamental Rights available to all persons?
Most Fundamental Rights are available to all persons, but some are specifically available only to Indian citizens, such as the Right to Freedom of Speech and Expression (Article 19) and Right to Equality in public employment (Article 16).
6. What happened to the Right to Property?
The Right to Property, which was originally a Fundamental Right under Article 31, was removed by the 44th Amendment Act of 1978. It is now considered a legal right under Article 300-A.
7. Can a non-citizen claim Fundamental Rights?
Yes, most Fundamental Rights are available to non-citizens, with the exception of certain rights that are specifically reserved for Indian citizens, like the right to participate in government employment or to vote in elections.
8. What is the significance of the Supreme Court in protecting Fundamental Rights?
The Supreme Court plays a vital role in safeguarding Fundamental Rights by allowing individuals to petition for the violation of their rights. It can issue writs and intervene when necessary to ensure justice and uphold the Constitution.
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