The Constitution of India, adopted on January 26, 1950, stands as a monumental legal framework, meticulously crafted to guide the nation’s democratic governance and protect the liberties of its citizens. At its very core, woven into the fabric of Part III (Articles 12-35), are the Fundamental Rights – a set of legally enforceable rights deemed essential for the development of every individual and the preservation of a democratic society. These rights are not merely aspirational statements; they are enshrined as guarantees against state action and, in some cases, against private individuals, ensuring a bedrock of liberty, equality, and justice for all. They represent the conscience of the Constitution, reflecting the aspirations of a nation emerging from colonial rule, eager to establish a society founded on dignity and freedom.

The inclusion of Fundamental Rights in the Indian Constitution was a deliberate and conscious decision, drawing inspiration from the Bill of Rights in the US Constitution and the Universal Declaration of Human Rights. The framers, deeply aware of the injustices and oppressions suffered during the colonial era, sought to create an impregnable fortress around individual liberties. These rights are not granted by any authority; rather, they are inherent to every individual by virtue of being human, and the Constitution merely recognizes and protects them. They are enforceable through the courts, making them distinct from other constitutional provisions and bestowing upon citizens the power to hold the state accountable for any infringement upon their enshrined freedoms.

Fundamental Rights Enshrined in the Indian Constitution

The Fundamental Rights are enumerated in Part III of the Constitution, from Articles 12 to 35. They are justiciable, meaning they can be enforced by the courts. While these rights are crucial, they are not absolute; they are subject to reasonable restrictions imposed by the state for public order, morality, and health. The Supreme Court acts as the guardian of these rights, interpreting their scope and striking down any law or executive action that violates them.

1. Right to Equality (Articles 14-18)

The Right to Equality is the cornerstone of Indian democracy, aiming to establish a society where discrimination is eradicated and opportunities are available to all.

  • Article 14: Equality before Law and Equal Protection of Laws. This article guarantees two aspects:

    • Equality before Law: This concept, borrowed from British jurisprudence (Rule of Law by A.V. Dicey), implies that no person is above the law, and all individuals, irrespective of their status, are subject to the ordinary law of the land administered by the ordinary law courts. It implies the absence of any special privilege in favour of any person.
    • Equal Protection of Laws: This concept, derived from the American Constitution, means that equals should be treated equally without discrimination. It allows for reasonable classification, but such classification must be based on an intelligible differential and have a rational nexus to the object sought to be achieved by the law. This allows the state to make special provisions for disadvantaged groups to bring them up to par with others.

  • Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth. This article explicitly prohibits the State from discriminating against any citizen on these specified grounds. It also prohibits discrimination in public places like shops, hotels, public restaurants, wells, tanks, bathing ghats, and roads. However, the article includes crucial exceptions:

    • The State can make special provisions for women and children.
    • The State can make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes (SCs) and Scheduled Tribes (STs). This provision paved the way for affirmative action policies like reservations.
    • The 103rd Amendment Act of 2019 added a clause allowing the State to make special provisions for the advancement of any economically weaker sections (EWS) of citizens, including reservations in educational institutions.

  • Article 16: Equality of Opportunity in Matters of Public Employment. This article ensures equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen can be discriminated against on grounds of religion, race, caste, sex, descent, place of birth, or residence in respect of any employment or occupation under the State. Similar to Article 15, it also contains exceptions:

    • Parliament can prescribe residence as a condition for certain employments.
    • The State can make provisions for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.
    • The 103rd Amendment also extended EWS reservations to public employment.

  • Article 17: Abolition of Untouchability. This article abolishes ‘untouchability’ and forbids its practice in any form. The enforcement of any disability arising out of ‘untouchability’ is an offence punishable in accordance with law. This is a significant step towards social justice, addressing a deeply entrenched historical injustice. Parliament enacted the Untouchability (Offences) Act, 1955, later renamed as the Protection of Civil Rights Act, 1976, and subsequently the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, to give effect to this article.

  • Article 18: Abolition of Titles. This article prohibits the State from conferring any title on anyone, whether a citizen or a foreigner, except military or academic distinctions. It also prohibits a citizen of India from accepting any title from any foreign state. This was aimed at preventing the creation of an artificial aristocracy and maintaining equality.

2. Right to Freedom (Articles 19-22)

The Right to Freedom encapsulates a basket of liberties considered essential for a democratic way of life and the free development of personality.

  • Article 19: Protection of Six Rights. Originally, this article guaranteed seven rights, but the right to property was removed by the 44th Amendment Act, 1978. The six rights are:

    • (a) Freedom of Speech and Expression: This is the most fundamental of all freedoms, allowing citizens to express their views freely through words, writing, pictures, or any other medium. This includes freedom of the press, freedom to know, and the right to silence. However, it is subject to reasonable restrictions in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, or incitement to an offence.
    • (b) Freedom to Assemble Peacefully and Without Arms: This right allows citizens to hold public meetings, demonstrations, and processions. It is also subject to reasonable restrictions for public order and the sovereignty and integrity of India.
    • (c) Freedom to Form Associations or Unions or Co-operative Societies: This right enables citizens to form political parties, companies, clubs, organizations, trade unions, or any other association. Restrictions can be imposed in the interests of public order, morality, or the sovereignty and integrity of India.
    • (d) Freedom to Move Freely Throughout the Territory of India: This freedom ensures that citizens can move from one state to another or within a state without restrictions. It is subject to reasonable restrictions in the interest of the general public or for the protection of the interests of any Scheduled Tribe.
    • (e) Freedom to Reside and Settle in any Part of the Territory of India: This right allows citizens to reside permanently in any part of the country. Restrictions are similar to those for freedom of movement.
    • (g) Freedom to Practice any Profession, or to Carry on any Occupation, Trade or Business: This right ensures economic freedom. It is subject to reasonable restrictions like professional or technical qualifications, or the State carrying on any trade, business, industry, or service to the exclusion, complete or partial, of citizens.

  • Article 20: Protection in Respect of Conviction for Offences. This article provides three safeguards to persons accused of crimes:

    • No Ex-post Facto Law: No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence.
    • No Double Jeopardy: No person shall be prosecuted and punished for the same offence more than once.
    • No Self-Incrimination: No person accused of any offence shall be compelled to be a witness against himself.

  • Article 21: Protection of Life and Personal Liberty. This article states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” This article has been expansively interpreted by the Supreme Court over the years, notably in the Maneka Gandhi case (1978), where the court ruled that the “procedure established by law” must be fair, just, and reasonable, introducing the concept of “due process of law” indirectly. Its ambit now includes a plethora of rights, such as:

    • Right to live with human dignity.
    • Right to a dignified life.
    • Right to privacy (affirmed in Justice K.S. Puttaswamy case, 2017).
    • Right to clean environment, including pollution-free water and air.
    • Right to livelihood.
    • Right to health and medical care.
    • Right to speedy trial.
    • Right to legal aid.
    • Right to shelter.
    • Right to sleep.
    • Right to marry the person of one’s choice.

  • Article 21A: Right to Education. Inserted by the 86th Amendment Act of 2002, this article declares that the State shall provide free and compulsory education to all children between the ages of six and fourteen years, in such manner as the State may, by law, determine. This led to the enactment of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

  • Article 22: Protection Against Arrest and Detention in Certain Cases. This article provides safeguards against arbitrary arrest and detention. It mandates:

    • Informing the person of the grounds for arrest.
    • Allowing the person to consult and be defended by a legal practitioner of his choice.
    • Producing the arrested person before a magistrate within 24 hours (excluding journey time).
    • No detention beyond 24 hours without the authority of a magistrate.
    • These safeguards do not apply to enemy aliens or persons arrested or detained under a law providing for preventive detention. In cases of preventive detention, the detention cannot exceed three months unless an advisory board confirms sufficient cause for extended detention.

3. Right against Exploitation (Articles 23-24)

These articles aim to prevent exploitation of vulnerable sections of society.

  • Article 23: Prohibition of Traffic in Human Beings and Forced Labour. This article prohibits “traffic in human beings” (like selling and buying of men, women, and children, prostitution, devadasis, and slavery) and “begar” (involuntary work without payment) and other similar forms of forced labour. Any contravention of this provision is an offence punishable by law. This article is significant in combating modern forms of slavery and bonded labour.

  • Article 24: Prohibition of Employment of Children in Factories, etc. This article prohibits the employment of children below the age of fourteen years in any factory or mine or engaged in any other hazardous employment. This is a crucial step towards child protection and has led to the enactment of laws like the Child Labour (Prohibition and Regulation) Act, 1986, which was amended in 2016 to further strengthen the ban on child labour.

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

These articles establish India as a secular state, guaranteeing freedom of conscience and the right to profess, practice, and propagate religion.

  • Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion. This article guarantees to all persons the freedom to believe in any religion, to practice it (perform rituals, ceremonies), and to propagate it (disseminate its tenets). This freedom is subject to public order, morality, and health, and other provisions of Part III. The state can also regulate or restrict any economic, financial, political, or other secular activity associated with religious practice, and can provide for social welfare and reform or the throwing open of Hindu religious institutions to all classes and sections of Hindus.

  • Article 26: Freedom to Manage Religious Affairs. This article grants every religious denomination the right to:

    • Establish and maintain institutions for religious and charitable purposes.
    • Manage its own affairs in matters of religion.
    • Own and acquire movable and immovable property.
    • Administer such property in accordance with law. This right is also subject to public order, morality, and health.

  • Article 27: Freedom as to Payment of Taxes for Promotion of any Particular Religion. This article prohibits the State from compelling any person to pay any taxes, the proceeds of which are specifically appropriated for the promotion or maintenance of any particular religion or religious denomination. This ensures that the state remains neutral towards all religions and does not favor one over the others.

  • Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions. This article deals with religious instruction in educational institutions:

    • No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
    • In institutions administered by the State but established under an endowment or trust requiring religious instruction, such instruction is permissible.
    • In institutions recognized by the State or receiving aid from State funds, no person shall be required to attend religious instruction or worship without their consent (or consent of guardian for minors).

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

These rights are designed to protect the interests of minorities, ensuring the preservation of their distinct culture and the right to establish educational institutions.

  • Article 29: Protection of Interests of Minorities. This article provides two safeguards:

    • (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of its own shall have the right to conserve the same.
    • (2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language, or any of them.

  • Article 30: Right of Minorities to Establish and Administer Educational Institutions. This article grants two rights to minorities (religious or linguistic):

    • (1) All minorities shall have the right to establish and administer educational institutions of their choice.
    • (1A) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language. This ensures that minority educational institutions are not discriminated against in terms of state aid.

6. Right to Constitutional Remedies (Article 32)

This article is considered the most important of all Fundamental Rights, as it guarantees the enforceability of other fundamental rights. Dr. B.R. Ambedkar famously called it the “heart and soul” of the Constitution.

  • Article 32: Remedies for Enforcement of Rights Conferred by this Part. This article empowers citizens to move the Supreme Court directly for the enforcement of their Fundamental Rights. The Supreme Court has the power to issue directions, orders, or writs of various kinds for the enforcement of these rights. The five types of writs are:
    • Habeas Corpus: A Latin term meaning “to have the body of.” It is an order issued by the court to a person who has detained another person, directing him to produce the body of the latter before the court. The court then examines the cause and legality of detention.
    • Mandamus: A Latin term meaning “we command.” It is a command issued by the court to a public official, body, corporation, inferior court, tribunal, or government, directing them to perform a public duty which they have refused to perform.
    • Prohibition: Issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess.
    • Certiorari: A Latin term meaning “to be certified” or “to be informed.” Issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to quash the order of the latter in a case. It is issued on the grounds of excess of jurisdiction or error of law.
    • Quo Warranto: A Latin term meaning “by what authority.” It is issued by the court to inquire into the legality of a claim of a person to a public office. It prevents illegal usurpation of public office by a person.

Other Articles related to Fundamental Rights

  • Article 12: Definition of ‘State’. This article defines “the State” for the purposes of Part III, encompassing the Government and Parliament of India, the Government and Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India. This broad definition ensures that various governmental and quasi-governmental bodies are bound by the Fundamental Rights.

  • Article 13: Laws Inconsistent with or in Derogation of the Fundamental Rights. This article declares that all laws in force in the territory of India immediately before the commencement of the Constitution, in so far as they are inconsistent with the provisions of Part III, shall, to the extent of such inconsistency, be void. It also states that the State shall not make any law which takes away or abridges the rights conferred by Part III, and any law made in contravention of this clause shall, to the extent of the contravention, be void. This article forms the basis for judicial review, empowering the Supreme Court and High Courts to declare any law unconstitutional if it violates Fundamental Rights. It also led to doctrines like the doctrine of severability (if only a part of a law violates FRs, only that part is struck down) and the doctrine of eclipse (pre-constitutional laws inconsistent with FRs become inoperative but not void, and can become operative again if the FRs are amended).

  • Article 33: Power to Parliament to Modify the Rights in their Application to Forces, etc. This article empowers Parliament to restrict or abrogate the Fundamental Rights of members of the armed forces, paramilitary forces, police forces, intelligence agencies, and analogous forces. This is done to ensure the proper discharge of their duties and the maintenance of discipline among them.

  • Article 34: Restriction on Rights While Martial Law is in Force in any Area. This article empowers Parliament to indemnify any person for any act done in connection with the maintenance or restoration of order in any area where martial law was in force. It also provides for the validation of sentences passed, punishments inflicted, forfeitures ordered, and other acts done under martial law.

  • Article 35: Legislation to Give Effect to the Provisions of this Part. This article empowers Parliament, but not state legislatures, to make laws for prescribing punishment for those acts that are declared to be offences under the Fundamental Rights (e.g., untouchability, traffic in human beings).

Characteristics and Significance of Fundamental Rights

Fundamental Rights are not absolute but are subject to reasonable restrictions. This balancing act ensures that individual liberties do not infringe upon the rights of others or the larger interests of society. They are primarily negative obligations on the State, preventing it from encroaching upon individual freedom. However, some rights (like Article 17, 23, 24) are also positive, requiring the State to take action against private individuals who violate them.

These rights are not sacrosanct and can be amended by Parliament through a constitutional amendment act. However, the Supreme Court, in the landmark Kesavananda Bharati case (1973), propounded the ‘Basic Structure Doctrine’, holding that Parliament cannot amend those provisions which form the ‘basic structure’ of the Constitution of India. Fundamental Rights, particularly their essential features, are considered part of this basic structure, thus protecting them from arbitrary parliamentary alteration.

During a National Emergency (Article 352), the operation of Fundamental Rights guaranteed by Article 19 is automatically suspended (Article 358). Furthermore, the President can suspend the right to move any court for the enforcement of other Fundamental Rights (except Articles 20 and 21) (Article 359). This suspension is temporary and contingent upon the continuance of the emergency.

The Fundamental Rights enshrined in the Constitution of India represent a robust framework for individual liberty and social justice. They are not static but have evolved significantly through dynamic judicial interpretation, expanding their scope to address new challenges and uphold the spirit of the Constitution of India. They act as a constant reminder of the state’s obligations towards its citizens, fostering a culture of rights, accountability, and dignity.

These rights are the bedrock upon which the Indian democratic edifice stands, safeguarding citizens against potential state excesses and promoting a society based on equity and justice. Their enforceability through the Supreme Court and High Courts via various writs provides a powerful mechanism for citizens to seek redressal against any infringement. The constant interplay between legislative intent and judicial pronouncements has allowed these rights to adapt to the evolving needs of a diverse and dynamic society, transforming from mere legal provisions into living instruments of social change.

The journey of Fundamental Rights in India reflects a continuous effort to strike a balance between individual freedom and collective well-being, between the rights of the majority and the protection of minorities, and between state power and citizens’ liberties. While challenges persist in their full realization, the constitutional commitment to these rights remains unwavering, positioning them as an indispensable pillar of India’s constitutional democracy.