Fundamental Rights Under the Constitution of India

India, with its vast diversity in religion, caste, language, and culture, requires a strong legal framework to ensure justice, equality, and liberty for all. The Constitution of India guarantees certain essential rights to individuals, known as Fundamental Rights, which are crucial for a democratic society. Inspired by the U.S. Constitution, they are enshrined in Part III of the Indian Constitution.

Originally, there were seven fundamental rights, including the Right to Property. However, the 44^th Constitutional Amendment Act, 1978 removed the Right to Property, making it a legal right instead of a fundamental one. At present, there are six fundamental rights available to individuals.

1. Right to Equality (Articles 14–18)

The Right to Equality ensures that every individual is treated equally before the law and is protected against discrimination.

Article 14 guarantees equality before the law and equal protection of laws. Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth. Article 16 assures equal opportunity in public employment and bars discrimination in government jobs. Article 17 abolishes untouchability in all forms. Article 18 prohibits the conferment of titles, except for military and academic distinctions.

2. Right to Freedom (Articles 19–22)

This right protects various personal freedoms essential to democratic living.

Article 19 guarantees six freedoms:

• Freedom of speech and expression

• Freedom to assemble peacefully without arms

• Freedom to form associations or unions

• Freedom to move freely throughout India

• Freedom to reside in any part of India

• Freedom to practice any profession, or carry on any occupation, trade, or business

Article 20 protects individuals in criminal cases. It ensures:

• No punishment under retroactive laws

• No double punishment for the same offence

• No self-incrimination

Article 21 states that no person shall be deprived of life or personal liberty except according to procedure established by law. Judicial interpretations have expanded it to include rights like privacy, livelihood, shelter, sleep, food, and reputation. Article 21A mandates free and compulsory education for children between 6 and 14 years of age.

Article 22 provides protection against arbitrary arrest and detention. It includes:

• Right to be informed of the reason for arrest

• Right to consult a legal practitioner

• Right to be presented before a magistrate within 24 hours

• Prohibition of detention beyond 24 hours without magistrate approval

3. Right Against Exploitation (Articles 23–24)

This right aims to prevent exploitation of vulnerable groups in society.

Article 23 prohibits human trafficking, begar (forced labour), and other similar forms of exploitation. Article 24 forbids the employment of children under the age of 14 in factories, mines, or other hazardous occupations.

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

India is a secular country, and this right ensures freedom of religion for all.

Article 25 provides the freedom of conscience and the right to freely profess, practice, and propagate religion. Article 26 allows religious groups to manage religious affairs, establish institutions, and own and manage property. Article 27 prohibits forcing any person to pay taxes for promoting a particular religion. Article 28 states that no religious instruction shall be provided in State-funded educational institutions, and no one can be forced to participate in religious worship or instruction.

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

These rights protect the cultural identity and educational rights of minorities.

Article 29 ensures that any group with a distinct language, script, or culture has the right to conserve it. It also guarantees non-discrimination in State-run or aided educational institutions. Article 30 gives minorities the right to establish and administer their own educational institutions. The State cannot discriminate in granting aid to such institutions based on their minority status.

6. Right to Constitutional Remedies (Article 32)

Referred to as the “heart and soul of the Constitution,” this right allows individuals to approach the Supreme Court directly for enforcement of fundamental rights.

The Supreme Court can issue writs such as:

• Habeas Corpus: to release a person from unlawful detention

• Mandamus: to compel authorities to perform their duties

• Prohibition: to stop a lower court from exceeding its jurisdiction

• Quo Warranto: to challenge a person’s claim to a public office

• Certiorari: to transfer a case from a lower court to a higher court

Parliament may empower other courts to exercise similar powers. This right cannot be suspended except as per constitutional provisions.

Key Features of Fundamental Rights

Fundamental Rights are enforceable in courts, and individuals can directly approach the Supreme Court under Article 32. High Courts can also issue writs under Article 226. Article 13 gives the judiciary the power of judicial review, declaring any law unconstitutional if it violates fundamental rights. These rights are not absolute and are subject to reasonable restrictions in the interest of public order, morality, health, and national security.

Some rights, under Articles 15, 16, 19, 29, and 30, are available only to Indian citizens, while others, like Articles 14, 17, 18, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28, and 32, apply to all individuals, including foreigners. Amendments to these rights must follow a special procedure and cannot violate the basic structure of the Constitution.

Limitations of Fundamental Rights

Despite their importance, Fundamental Rights have certain limitations. They can be amended or restricted by Parliament. During a national emergency, most rights are suspended, except Articles 20 and 21. Article 19 can also be suspended in cases of internal emergency. Under Article 34, rights can be restricted in areas where martial law is in force. Most Fundamental Rights are applicable only against the State and not private individuals. Vague terms like “State”, “public order”, and “minority” lack clarity, leading to interpretational issues. Seeking judicial remedy can be time-consuming and expensive. Additionally, laws like the National Security Act, Armed Forces (Special Powers) Act, and Maintenance of Internal Security Act impose excessive restrictions on personal freedoms.

Conclusion

Fundamental Rights form the foundation of India’s constitutional democracy. They safeguard individual liberty, dignity, and equality while providing legal remedies against abuse of power. Though subject to reasonable limitations, these rights, often called the Magna Carta of India, remain essential tools for ensuring justice and protecting democracy.

References

1.     The Constitution (Forty-Fourth Amendment) Act, 1978.

2.     India Const. art. 14.

3.     India Const. art. 15.

4.     India Const. art. 16.

5.     India Const. art. 17.

6.     India Const. art. 18.

7.     India Const. art. 19.

8.     India Const. art. 20.

9.     India Const. art. 21.

10.  India Const. art. 21A.

11.  India Const. art. 22.

12.  India Const. art. 23.

13.  India Const. art. 24.

14.  India Const. art. 25.

15.  India Const. art. 26.

16.  India Const. art. 27.

17.  India Const. art. 28.

18.  India Const. art. 29.

19.  India Const. art. 30.

20.  India Const. art. 32.

21.  Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.

This article is authored by Hashim AK, who was among the Top 40 performers in the Constitution Law Quiz Competition organized by Lets Learn Law.