Fundamental Rights Under Constitution | Notes
Fundamental Rights Under the Constitution of India
1. Introduction
Fundamental Rights are the basic human rights guaranteed by the Constitution of India to all citizens (and in some cases, to all persons). They are justiciable, meaning individuals can approach courts if these rights are violated.
They form the core of Indian democracy, ensuring freedom, equality, and dignity for every individual and limiting the power of the State.
2. Location in Constitution
Part III of the Indian Constitution (Articles 12 to 35) contains the Fundamental Rights.
3. Classification of Fundamental Rights
| Right | Articles | Description |
|---|---|---|
| Right to Equality | Articles 14-18 | Equality before law, prohibition of discrimination, abolition of untouchability, abolition of titles. |
| Right to Freedom | Articles 19-22 | Freedom of speech, assembly, religion, movement, protection against arrest and detention. |
| Right against Exploitation | Articles 23-24 | Prohibition of trafficking, forced labor, child labor. |
| Right to Freedom of Religion | Articles 25-28 | Freedom of conscience and religion, religious institutions. |
| Cultural and Educational Rights | Articles 29-30 | Protection of minorities’ language, culture, and education. |
| Right to Constitutional Remedies | Article 32 | Right to move Supreme Court for enforcement of Fundamental Rights. |
4. Detailed Explanation
4.1 Right to Equality (Articles 14-18)
Article 14: Equality before law and equal protection of laws.
Article 15: Prohibits 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.
Key Case Law:
Kesavananda Bharati v. State of Kerala (1973): Reinforced equality as a basic feature of the Constitution.
Indra Sawhney v. Union of India (1992): Affirmed the scope of reservation under Article 16 and the principle of equality.
4.2 Right to Freedom (Articles 19-22)
Article 19: Six freedoms including speech, assembly, movement, residence, profession.
Article 20: Protection in respect of conviction for offences (no ex post facto law, no double jeopardy, no self-incrimination).
Article 21: Right to life and personal liberty.
Article 22: Protection against arrest and detention without due process.
Key Case Law:
Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21 to include the right to a fair procedure.
Kharak Singh v. State of UP (1963): Recognized privacy as part of personal liberty.
Olga Tellis v. Bombay Municipal Corporation (1985): Right to livelihood included under Article 21.
4.3 Right against Exploitation (Articles 23-24)
Article 23: Prohibition of trafficking, forced labor, and begar.
Article 24: Prohibition of child labor below 14 years in hazardous employment.
Key Case Law:
Bandhua Mukti Morcha v. Union of India (1984): Right against bonded labor held fundamental.
M.C. Mehta v. State of Tamil Nadu (1996): Child labor abolished in hazardous industries.
4.4 Right to Freedom of Religion (Articles 25-28)
Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
Article 26: Freedom to manage religious affairs.
Article 27: Freedom from payment of taxes for promotion of any religion.
Article 28: Freedom from religious instruction in state-funded institutions.
Key Case Law:
S.R. Bommai v. Union of India (1994): Secularism as basic feature; religion and state must be separate.
Kesavananda Bharati v. State of Kerala (1973): Religious freedom is subject to public order, morality, and health.
4.5 Cultural and Educational Rights (Articles 29-30)
Article 29: Protection of interests of minorities to preserve their language, script, or culture.
Article 30: Right of minorities to establish and administer educational institutions.
Key Case Law:
T.M.A. Pai Foundation v. State of Karnataka (2002): Minorities’ right to establish educational institutions.
Islamic Academy of Education v. State of Karnataka (2003): Affirmed minority rights under Article 30.
4.6 Right to Constitutional Remedies (Article 32)
Enables citizens to approach the Supreme Court directly for enforcement of Fundamental Rights.
Described by Dr. Ambedkar as the “heart and soul” of the Constitution.
Key Case Law:
Kesavananda Bharati v. State of Kerala (1973): Affirmed Article 32 as fundamental.
Hussainara Khatoon v. State of Bihar (1979): Enforcement of right to speedy trial under Article 21 via Article 32.
5. Restrictions on Fundamental Rights
Rights are not absolute and are subject to reasonable restrictions provided by the Constitution.
Example: Freedom of speech under Article 19(1)(a) can be restricted in interests of sovereignty, security, public order, decency, or morality.
Restrictions must be reasonable, non-arbitrary, and in accordance with the procedure established by law.
6. Basic Structure Doctrine and Fundamental Rights
The Supreme Court in Kesavananda Bharati (1973) held that Fundamental Rights form part of the basic structure of the Constitution and cannot be abrogated even by constitutional amendments.
7. Summary Table
| Fundamental Right Category | Articles | Nature | Key Features |
|---|---|---|---|
| Right to Equality | 14 - 18 | Justiciable | Equality before law, anti-discrimination |
| Right to Freedom | 19 - 22 | Justiciable | Speech, assembly, life, liberty, fair procedure |
| Right against Exploitation | 23 - 24 | Justiciable | Prohibition of forced labor, trafficking, child labor |
| Right to Freedom of Religion | 25 - 28 | Justiciable | Religious freedom, secularism |
| Cultural & Educational Rights | 29 - 30 | Justiciable | Minority rights |
| Right to Constitutional Remedies | 32 | Justiciable | Enforcement of Fundamental Rights |
8. Conclusion
Fundamental Rights are the bedrock of Indian democracy. They protect individuals from arbitrary state action, ensure equality, personal liberty, religious freedom, and safeguard minority interests. These rights enable the functioning of a democratic and just society and act as a check on state powers. The judiciary plays a crucial role in protecting these rights and ensuring that any restrictions are reasonable and constitutionally valid.
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