Fundamental Rights in Constitution of India
The fundamental rights under the constitution can be classified under the following six groups:
- Right to equality (Arts. 14-18)
- Right to freedom (Arts. 19-22)
- Right against exploitation (Arts. 23-24)
- Right to freedom of religion (Arts. 25-28)
- Cultural and educational rights (Arts. 29-30)
- Right to constitutional remedies (Arts. 32-35)
Fundamental Rights: Are they against the state or individual or both?
Fundamental rights available against state and not private individuals
The conflict between individuals and state is as old as our history. The individuals need personal liberty and state has the power to decide those liberties. Thus, if the state has absolute power to cut down those liberties of an individual, it would be tyranny. Thus, the individuals need constitutional protection against the state. The rights which are given to the citizens by way of fundamental rights are a guarantee against state action as distinguished from violation by the ordinary law of land. Thus, Fundamental rights are against the state for the protection of individual.
Are all fundamental rights self executory?
Please note that there are certain rights in Indian constitution which don’t need any legislation to make them enforceable. For example there is no need to enact a separate legislation to make the Right to Equality enforceable. These are called self executory. At the same time, there are certain rights which are imperfect in just being inscribed to the constitution and need further legislation to make them enforceable. Such rights are Art. 17 (untouchables) Article 21A (right to free & compulsory education); Article 23 (traffic in human beings; and Article 24 (child labour).
Legal Rights versus Fundamental Rights
The legal rights are protected by an ordinary law, but they can be altered or taken away be the legislature by changing that law. Fundamental Rights are protected and Guaranteed by the Constitution and they cannot be taken away by an ordinary law enacted by the legislature. If a legal right of a person is violated, he can move to an ordinary court, but if a fundamental right is violated the Constitution provides that the affected person may move to High court or Supreme Court. Here we should note that the Rights to Property was a fundamental right before 1978. The Constitution (Forty-fourth Amendment) Act, 1978, taken away the Right to property (Article 31) as a Fundamental Right and was made a legal right under new Article 300 A.
- An ordinary right generally imposes a corresponding duty on another individual (and, state in some cases) but a fundamental right is a right which an individual possess against the state.
- Fundamental rights are protected against invasion by the executive, legislature and the judiciary. All fundamental rights are limitations on legislative power. Laws and executive actions which abridge or are in conflict with such rights are void and ineffective.
- Our constitution guarantees the right to move the Supreme Court for the enforcement of fundamental rights. Thus the remedy itself is a fundamental right. This distinguishes it from other rights.
- The Supreme Court is the guardian of fundamental rights.
Please note that all constitution rights not fundamental rights e.g. right not to be subjected to taxation without authority of law (art. 265), right to property (art. 300a), and freedom of trade (art. 301).
- A fundamental right cannot be waived. An ordinary legal right can be waived by an individual.
Restrictions or suspension of fundamental rights
If the individual is allowed to have absolute freedom of speech and action, the result would be chaos and disorder. Thus, absolute and unrestricted individual rights do not, and cannot exist in any modern state.
Our constitution permits reasonable restriction to be imposed on individual’s liberties in the interest of society. The possession and enjoyment of all rights are subject to such reasonable conditions as may be deemed by the governing authority essential to the safety, health peace, general order and morals of the community. In fact, for the very protection of these rights the society must arm itself with certain powers. What the constitution therefore attempts to do by declaring the rights of the people is to strike a balance between individual liberty and social control.
Suspension of Fundamental Rights
The constitution of India provides for the suspension of fundamental rights in certain circumstances. Article 358 provides that when the proclamation of emergency is made by the president under Article 352, the freedoms guaranteed by Article 19 (Freedom of Speech etc.) are automatically suspended for the period of emergency. Then, Article 33 empowers parliament to modify the application of fundamental rights to the armed forces or forces charged with maintenance of public order, etc. In the interest of discharge of duties and maintenance of discipline, under art. 34, parliament may by law indemnify any person for anything done in contravention of fundamental rights for maintenance of order during the operation of martial law.
