- The fundamental rights were included in the Constitution of India with lot of enthusiasm, Idea was borrowed from American constitution. while the Indians were struggling against the
- Even during British rule the Indian nationalists were making demands for inclusion of a Bill of Rights in the Government of India Act of 1935. But their demand was not accepted by Britishers.
- Sir John Simon, the chairman of the Simon Commission opposed the idea of inclusion of a bill of rights in the
- India got its Constituent Assembly in 1946, there was a demand for inclusion of a chapter on fundamental rights in the proposed constitution.
- A separate committee was formed under the chairmanship of Sardar Vallabhbhai Patel along with some other members particularly representing the minorities.
- The Sub-Committee on Fundamental Rights held three sittings. During the first sitting on 27 February 1947, B. Kripalani was elected as the chairman.
- Framers of the Indian Constitution carefully selected the rights according to social fabric of India, having typical problems like untouchability, caste based rankings in society, diversities based on diverse factors like language, religion, culture, level of development etc.
- Part III, was made not only ‘justiciable’ but also immune from any encroachment by the Government in future (Article 13).
- The makers of our Constitution tried their best to clarify the provisions of the fundamental rights and the limits for the enjoyment of these rights.
- The distinction was also made between the residents of India as the citizens and the non-citizens as the two words ‘citizens’ and ‘persons’ has been used in different rights.
- The Right to Constitutional Remedies in case of any infringement on these rights is made itself a fundamental right ( Article 32).
- Article 32 was considered as heart and soul of the
- Ambedkar said, “if I was asked to name the particular Article in this Constitution as the most important without which this Constitution would be a nullity, I could not refer to any other Article except this one. It is the very soul of the Constitution and the very heart of it and I am glad that the House has realized its importance. Hereafter, it would not be possible for any legislature to take away the writs which are mentioned in this Article”.
- Part III is called “Magna Carta of India”, The Magna Carta is popularly known to be the ‘big-bang’ of the legal world. The Magna Carta agreed by English King John, in June 1215 secured the principle of Lexrex: Law is the king of kings. It Was the first document to put into writing the principle that the king and his government was not above the law. It sought to prevent the king from exploiting his power, and placed limits of royal authority by establishing law as a power in itself.
List of Fundamental Rights:
The Constitution of India provides for six Fundamental Rights:
- Right to equality (Articles 14–18)
- Right to freedom (Articles 19–22)
- Right against exploitation (Articles 23–24)
- Right to freedom of religion (Articles 25–28)
- Cultural and educational rights (Articles 29–30)
- Right to constitutional remedies (Article 32)
Right to Property :- § Article 19 (1) (f) and Article 31 both, maintained that the right to property was a basic right. However, it 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. § It states that “no person (Both Citizen and non-citizen) shall be deprived of his property except by authority of law”. § It means that nobody can take away someone’s property. However, it gives authority to the government to do it, if needed.
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| Fundamental Rights | Articles |
| 1. Right to equality | (a) Article 14 – Equal protection of laws and Equality before law. (b) Article 15 – Prohibition of discrimination on grounds of religion, caste, sex, place of birth or race. (c) Article 16 – Equality of opportunity in terms of public employment. (d) Article 17 – Abolition of untouchability and prohibition of its practice. (e) Article 18 – Abolition of titles except military and academic. |
| 2. Right to freedom | (a) Article 19 – Protection of six rights regarding freedom of: 19(1)(a) speech and expression, 19(1)(b) assembly, 19(1)(c) association, 19(1)(d) movement, 19(1)(e) residence, and 19(1)(g) profession
(b) Article 20 – Protection in a conviction for offences. (c) Article 21 – Protection of life and personal liberty. (d)Article 21A – Right to elementary education. (e) Article 22 – Protection against arrest and detention in certain cases. |
| 3. Right against exploitation | (a) Article 23 – Prohibition of traffic in forced labour and human beings. (b) Article 24 – Prohibition of employment of children in Companies and factories, etc. |
| 4. Right to freedom of religion | (a) Article 25 – Freedom of conscience and free profession, practice and propagation of religion. (b) Article 26 – Freedom to manage religious affairs. (c) Article 27 – Freedom from payment of taxes for promotion of any religion or religious affairs. (d) Article 28 – Freedom from attending religious instruction or worship in certain educational institutions |
| 5. Cultural and educational rights | (a) Article 29 – Protection of language, script and culture of minorities. (b) Article 30 – Rights of minorities to establish and administer educational institutions. |
| 6. Right to constitutional remedies | (a) Article 32 – Right to move the Supreme Court for the enforcement of fundamental rights including the writs of 1. Habeas corpus, 2. Mandamus, 3. Prohibition, 4. Certiorari, 5. Quo Warranto Article 33 – Provides the Parliament with the authority to limit or abolish the fundamental rights of “Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, and analogous forces”. Article 34 – Provides for the restrictions on fundamental rights while martial law(military rule) is in force. Article 35 – Empowers the Parliament to make laws on Fundamental Rights(legislative assembly does not has power to make laws on fundamental Rights) |
Features of Fundamental Rights :-
- Protected by Constitution :- unlike ordinary legal rights, these Rights are protected and guaranteed by the constitution of the country. The essential rights established in Articles 14, 19, and 21 collectively are referred to as the “Golden Triangle” of the Indian Constitution. Since they safeguard citizens’ fundamental rights and serve as the cornerstone of India’s democracy, these three articles are regarded as the most significant ones in the Indian Constitution.
- Not Sacrosanct, Permanent, or Absolute :- The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination. They Uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation. However, they are not absolute in nature. Every right has reasonable restrictions, and the reasonability of the restrictions must be decided by the courts.
- Enforceable and Justiciable :- They are enforceable in nature, and an individual under writ petitions (Article 32 and Article 226), can move the Supreme Court of High Court, in case of violation of a fundamental right.
- Suspension of Rights :- During a National Emergency, Article 359 allows the president to suspend the right to petition any court for the enforcement of Fundamental Rights. This means that, under Article 359, the Fundamental Rights are not suspended in their entirety, but only their enforcement.
, Article 358 mentions that when a proclamation of national emergency is issued, the six Fundamental Rights enshrined in Article 19 are automatically suspended , it was limited by the 44th Amendment Act of 1978 , The six Fundamental Rights enshrined in Article 19 can be suspended only when the National Emergency is declared due to war or external aggression, rather than armed rebellion.
- Restriction of Laws :- Their application to the members of armed forces, paramilitary forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33). Their application can be restricted while martial law (military rule imposed under abnormal circumstances) is in force in any area (Article 34).
IMPORTANCE OF FUNDAMENTAL RIGHTS:
- Ensure human dignity.
- Enforceable against the state on violation.
- Safeguard the liberties of the citizens.
- Prevent autocratic action of the government.
- Derived by the fundamental law of the land.
- Essential in establishing equality.
- Essential in establishment of reservation and positive discrimination.
- Protects an individual’s right to a dignified life.
- Protects against exploitation and forced labour.
- Essential to secure religious rights and conscience.
- Essential to secure freedom of namely speech, expression, assembly, association, movement, residence, profession.
Previous year questions UPSC CSE
- With reference to the writs issued by the Courts in India, consider the following statements(UPSC CSE 2022)
- Mandamus will not lie against a private organization unless it is entrusted with a public duty.
- Mandamus will not lie against a Company even though it may be a Government Company.
- Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer – C
- What is the position of the Right to Property in India?(UPSC CSE 2021).
(a) Legal right available to citizens only
(b) Legal right available to any person
(c) Fundamental Right available to citizens only
(d) Neither fundamental Right nor legal right
Answer – B
- A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law violates which one of the following Articles of the Constitution of India?(UPSC CSE 2021).
(a) Article 14
(b) Article 28
(c) Article 32
(d) Article 44
Answer – A
- ‘Right to Privacy’ is protected under which Article of the constitution of India? (UPSC CSE 2021).
(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29
Answer – C
- Which one of the following categories of ‘Fundamental Rights incorporated against untouchability as a form of discrimination?(UPSC CSE 2020).
(a) Right against Exploitation
(b) Right to Freedom
(c) Right to Constitutional Remedies
(d) Right to Equality
Answer – D