Fundamental Rights

Fundamental Rights are the basic human freedoms guaranteed to every individual by the Constitution of India, ensuring liberty, equality, and justice. These rights form the bedrock of democracy and are enforceable by the courts against the State to protect individual dignity and freedom from arbitrary governmental action. They are contained in Part III (Articles 12 to 35) of the Constitution and are often described as the “Magna Carta of India.”
The framers of the Constitution adopted the concept of Fundamental Rights from various sources — particularly the Bill of Rights of the United States and the Universal Declaration of Human Rights (1948) — to secure for every citizen a life of freedom, fairness, and constitutional protection.

Objectives of Fundamental Rights

The primary aims of Fundamental Rights are to:

• Safeguard individual liberty and dignity.
• Prevent authoritarian or arbitrary rule by the State.
• Promote equality and justice among citizens.
• Uphold the principles of democracy and the rule of law.
• Maintain national unity by ensuring equal treatment for all.

These rights ensure that the State functions within constitutional limits while respecting the freedoms of individuals.

Classification of Fundamental Rights

The Indian Constitution originally guaranteed seven Fundamental Rights, but after the 44th Amendment Act, 1978, only six remain. They are as follows:

1. Right to Equality (Articles 14–18)

This right ensures equal treatment before the law and prohibits discrimination. It includes:

• Article 14: Equality before law and equal protection of laws.
• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 16: Equality of opportunity in public employment.
• Article 17: Abolition of untouchability.
• Article 18: Abolition of titles (except military and academic distinctions).

The right to equality forms the foundation of social justice and fairness in governance.

2. Right to Freedom (Articles 19–22)

This right guarantees various civil liberties, ensuring free development of personality.

• Article 19(1): Guarantees six fundamental freedoms to citizens:
  1. Freedom of speech and expression.
  2. Freedom to assemble peaceably and without arms.
  3. Freedom to form associations or unions.
  4. Freedom to move freely throughout India.
  5. Freedom to reside and settle in any part of India.
  6. Freedom to practise any profession, or to carry on any occupation, trade, or business.
• Article 19(2)–(6): Allows the State to impose reasonable restrictions in the interests of sovereignty, integrity, security, public order, decency, or morality.
• Article 20: Protection in respect of conviction for offences — includes safeguards against ex post facto laws, double jeopardy, and self-incrimination.
• Article 21: Protection of life and personal liberty — “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This article has been broadly interpreted by the Supreme Court to include rights such as privacy, education, health, clean environment, and dignified living.
• Article 22: Protection of rights in cases of arrest and detention; lays down safeguards for preventive detention.

The Right to Freedom is the essence of democracy and personal autonomy.

3. Right Against Exploitation (Articles 23–24)

This right prohibits exploitation of individuals, especially the weaker sections of society.

• Article 23: Prohibits human trafficking, forced labour, and begar (bonded labour).
• Article 24: Prohibits employment of children below 14 years in factories, mines, or hazardous work.

These provisions seek to ensure social and economic justice.

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

These articles guarantee religious freedom to all persons, ensuring secularism and equality of faith.

• Article 25: Freedom of conscience and the right to profess, practise, and propagate religion.
• Article 26: Freedom to manage religious affairs, establish institutions, and own property.
• Article 27: Freedom from taxation for promotion of a particular religion.
• Article 28: Freedom from compulsory attendance at religious instruction in educational institutions wholly funded by the State.

The right upholds India’s secular character, ensuring peaceful coexistence among diverse religious communities.

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

These rights protect the interests of minorities and preserve India’s cultural diversity.

• Article 29: Protects the right of any section of citizens to conserve their distinct language, script, or culture.
• Article 30: Grants minorities the right to establish and administer educational institutions of their choice, without discrimination in State funding.

These provisions promote cultural pluralism and inclusivity in Indian democracy.

6. Right to Constitutional Remedies (Article 32)

This right, described by Dr. B.R. Ambedkar as the “heart and soul of the Constitution”, empowers citizens to move the Supreme Court for enforcement of Fundamental Rights.

• The Supreme Court (Article 32) and High Courts (Article 226) can issue writs such as:
  • Habeas Corpus – To release a person unlawfully detained.
  • Mandamus – To compel performance of a public duty.
  • Prohibition – To prevent an inferior court from exceeding jurisdiction.
  • Certiorari – To quash orders of lower courts.
  • Quo Warranto – To challenge unlawful occupation of a public office.

This right makes Fundamental Rights justiciable and enforceable, ensuring the rule of law prevails.

Deleted Fundamental Right

Originally, there were seven Fundamental Rights. The Right to Property (Article 19(1)(f) and Article 31) was removed by the 44th Amendment Act, 1978 and made a constitutional right under Article 300A (Part XII).

Features of Fundamental Rights

• Universal in nature – Available to all citizens, and some to non-citizens.
• Justiciable – Enforceable by courts through writs.
• Not absolute – Subject to reasonable restrictions in public interest.
• Defensive in nature – Protect individuals from State action.
• Suspension during emergencies – Rights under Articles 19 and 32 can be suspended during a National Emergency (Article 359).
• Dynamic interpretation – Expanded through judicial interpretation to meet evolving needs.

Landmark Judicial Interpretations

1. A.K. Gopalan v. State of Madras (1950)
   • Early interpretation of Article 21; the Court upheld preventive detention based on procedure established by law.
2. Maneka Gandhi v. Union of India (1978)
   • Expanded the scope of Article 21 to include “right to live with dignity” and held that the procedure must be “just, fair, and reasonable.”
3. Kesavananda Bharati v. State of Kerala (1973)
   • Established the Basic Structure Doctrine, ensuring Fundamental Rights cannot be destroyed by constitutional amendments.
4. Indira Nehru Gandhi v. Raj Narain (1975)
   • Asserted that free and fair elections form part of the basic structure of the Constitution.
5. Minerva Mills v. Union of India (1980)
   • Balanced Fundamental Rights and Directive Principles of State Policy, holding both essential to the Constitution.
6. Justice K.S. Puttaswamy (Retd.) v. Union of India (2017)
   • Recognised Right to Privacy as a Fundamental Right under Article 21.
7. Navtej Singh Johar v. Union of India (2018)
   • Decriminalised homosexuality, reaffirming the right to equality and dignity.
8. Joseph Shine v. Union of India (2018)
   • Struck down adultery as unconstitutional, upholding personal liberty and gender equality.

Significance of Fundamental Rights

• Protect individual liberty from abuse of power.
• Preserve democracy by ensuring accountability of government actions.
• Promote equality and social justice, addressing historical injustices.
• Uphold secularism and pluralism through religious and cultural rights.
• Empower citizens to seek judicial redress through writ petitions.

In sum, Fundamental Rights act as limitations on State power and as instruments of social transformation.

Relationship with Directive Principles and Fundamental Duties

The Directive Principles of State Policy (Part IV) and Fundamental Duties (Part IVA) complement Fundamental Rights:

• Directive Principles provide socio-economic goals to achieve justice.
• Fundamental Duties remind citizens to respect national ideals and maintain discipline.Together, they form a balanced constitutional framework combining individual freedom with collective responsibility.

Suspension of Fundamental Rights

During a National Emergency (Article 352):

• Fundamental Rights under Article 19 are automatically suspended.
• Other rights may be suspended under Article 359, except Articles 20 and 21.
• The 44th Amendment ensures that even during an emergency, the right to life and liberty under Article 21 cannot be suspended.