Fundamental Rights & Duties

Rights In The Indian Constitution

The Indian Constitution, adopted in 1950, is renowned for its comprehensive provisions on rights, guaranteeing a wide array of entitlements to its citizens. These rights are considered fundamental for human dignity, liberty, and the overall development of the individual and society.

Key Aspects:

• Fundamental Rights: Enshrined in Part III of the Constitution, these are the most important rights, directly enforceable by the courts. They protect citizens from state overreach and discrimination.
• Directive Principles of State Policy (DPSPs): Though not directly enforceable by courts, these principles guide the state in formulating policies for socio-economic justice and welfare. They are considered fundamental in the governance of the country.
• Constitutional Remedies: Article 32 ensures that citizens can approach the Supreme Court (and High Courts under Article 226) for the enforcement of their Fundamental Rights, providing a direct mechanism for redressal.
• Other Rights: The Constitution also provides for various other rights, such as constitutional rights (e.g., right to property, though modified), legal rights (enforceable by ordinary law), and even implicitly recognized rights through judicial interpretation.

Purpose: The rights enshrined in the Constitution aim to create a just, equitable, and democratic society where every individual can live with dignity and freedom.

The Importance Of Rights

Rights are crucial for individuals and society for several fundamental reasons, forming the basis of justice, dignity, and a well-functioning democracy.

• Ensuring Human Dignity: Rights are considered essential for enabling individuals to live a life of dignity, free from fear, oppression, and discrimination.
• Protecting Individual Freedom: They safeguard personal liberties, allowing individuals to express themselves, pursue their goals, and make choices about their lives.
• Enabling Participation: Political and civil rights enable citizens to participate in governance, hold the government accountable, and contribute to decision-making processes.
• Promoting Equality: Rights ensure that all individuals are treated equally, regardless of their background, and prohibit discrimination.
• Limiting State Power: Rights act as a crucial check on governmental authority, preventing the state from becoming too powerful or infringing upon the liberties of its citizens.
• Facilitating Social Justice: Socio-economic rights and the goals outlined in Directive Principles aim to create a more equitable society by addressing poverty and inequality.
• Foundation for Democracy: Rights like freedom of speech, assembly, and political participation are the bedrock of a functioning democracy.

In the Indian Context: The Constitution's emphasis on Fundamental Rights and Directive Principles underscores their importance in building a just, equitable, and democratic nation.

Bill Of Rights

Description: A "Bill of Rights" is a common feature of many constitutions, enumerating the fundamental rights guaranteed to citizens. It serves as a declaration of these rights and a commitment by the state to protect them.

In India: Part III of the Indian Constitution, titled "Fundamental Rights," functions as India's Bill of Rights. It lists six categories of fundamental rights that are directly enforceable in courts.

Fundamental Rights In The Indian Constitution (Overview)

Fundamental Rights are enshrined in Part III of the Indian Constitution (Articles 12-35). They are considered essential for the all-round development of individuals and are directly enforceable by the courts.

Key Characteristics:

• Justiciable: Citizens can move the Supreme Court or High Courts for the enforcement of these rights if they are violated.
• Limitations: While fundamental, these rights are not absolute. Parliament can impose reasonable restrictions on them in the interest of public order, security, morality, or the rights of others.
• Valuable but Not Absolute: The judiciary plays a crucial role in interpreting these rights and determining the reasonableness of restrictions.
• Six Categories: These rights are broadly classified into six categories:
1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies
• Abolition of previously existing Fundamental Right: The Right to Property (Article 31) was removed from Part III by the 44th Amendment Act, 1978, and made a constitutional right under Article 300-A.

Importance: Fundamental Rights are considered the cornerstone of the Indian Constitution, safeguarding individual liberties and ensuring a just society.

Right To Equality

The Right to Equality is a cornerstone of the Indian Constitution, ensuring that all citizens are treated equally before the law and that there is no discrimination based on any arbitrary grounds. It is guaranteed under Articles 14 to 18.

Key Articles:

Article 14: Equality Before the Law and Equal Protection of the Laws

• Equality Before Law: This is a concept derived from English law (similar to Dicey's concept). It means that no person is above the law and that every person is subject to the ordinary laws of the land administered by the ordinary courts. It implies equality of treatment under the law.
• Equal Protection of the Laws: This is an American concept. It means that within the same class, people should be treated alike, and equal laws should be applied equally to all persons in similar circumstances. It implies equality of treatment and permits reasonable classification.
• Prohibition of Discrimination: The state cannot discriminate against any citizen based on religion, race, caste, sex, or place of birth.

Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste, Sex or Place of Birth

• Forbids discrimination by the state against any citizen on grounds of religion, race, caste, sex, or place of birth.
• Also prohibits discrimination by any person based on these grounds in matters of access to public places like shops, restaurants, hotels, and places of public entertainment or resort maintained wholly or partly out of state funds.
• Exceptions: Allows for special provisions for women, children, and socially or educationally backward classes (e.g., reservations).

Article 16: Equality of Opportunity in Matters of Public Employment

• Guarantees equality of opportunity for all citizens in matters of employment or appointment to any office under the state.
• Exceptions: Allows for reasonable restrictions, residency requirements for state employment, and provisions for reservation for backward classes in public employment.

Article 17: Abolition of Untouchability

• Abolishes "untouchability" and forbids its practice in any form. Practicing untouchability is made an offence punishable by law.

Article 18: Abolition of Titles

• Abolishes titles, except those of a military or academic nature. It prevents citizens from accepting titles from foreign states without the President's approval and prohibits those holding state appointments from accepting titles or gifts from foreign states without the President's consent.

Significance: These articles collectively aim to establish a society free from discrimination and ensure that all citizens have equal status and opportunities.

Right To Freedom

The Right to Freedom, guaranteed under Articles 19 to 22, is a cornerstone of individual liberty in the Indian Constitution. It assures citizens various freedoms essential for personal development and participation in society.

Right To Life And Personal Liberty

Article 21: Protection of Life and Personal Liberty

• Description: "No person shall be deprived of his life or personal liberty except according to procedure established by law."
• Broad Interpretation: The Supreme Court has interpreted this right expansively to include the right to live with human dignity, the right to clean environment, right to livelihood, right to privacy, right to health, etc.
• Protection: It safeguards citizens from arbitrary executive or legislative action affecting their life and liberty.

Preventive Detention

Article 22: Protection against Arrest and Detention

• Protection against Arbitrary Arrest: Guarantees the right to be informed of the grounds of arrest, to consult a legal practitioner, and to be produced before a magistrate within 24 hours.
• Preventive Detention: While Article 21 protects against arbitrary deprivation, Article 22 also allows for preventive detention (detaining a person without trial) under specific laws passed by Parliament, but with certain safeguards to prevent misuse. These safeguards include informing the detenu of the grounds, providing an opportunity to make representation, and review by an advisory board.

Other Freedoms

Article 19: Protection of Certain Rights regarding Freedom of Speech, etc.

• This article guarantees six fundamental freedoms to citizens (subject to reasonable restrictions):
1. Freedom of speech and expression.
2. Freedom to assemble peacefully and without arms.
3. Freedom to form associations or unions.
4. Freedom to move freely throughout the territory of India.
5. Freedom to reside and settle in any part of India.
6. Freedom to practice any profession, or to carry on any occupation, trade, or business.
• Reasonable Restrictions: These freedoms can be restricted by law in the interest of the sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation, or incitement to an offence.

Rights Of Accused

Article 20: Protection in respect of Conviction for Offences

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

Article 22: Protection against Arrest and Detention (as mentioned above) also includes rights for arrested persons.

Significance: These rights ensure fair treatment within the legal system and protect individuals from potential abuses of power during investigation and trial.

Right Against Exploitation

The Right Against Exploitation, guaranteed under Articles 23 and 24, aims to protect individuals, particularly the vulnerable sections of society, from various forms of exploitation.

Key Articles:

Article 23: Prohibition of Traffic in Human Beings and Forced Labour

• Description: Forbids traffic in human beings for any purpose, including prostitution. It also prohibits forced labour (Veth), beggar (compulsory labour without payment), and similar forms of human exploitation.
• Scope: This right is available to both citizens and non-citizens.
• Exception: Allows the state to impose compulsory service for public purposes (e.g., military service, social service).

Article 24: Prohibition of Employment of Children in Factories, etc.

• Description: Prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous occupation or engagement.
• Scope: This is a prohibition against child labour in hazardous environments.

Significance: These articles are crucial for upholding human dignity, protecting the vulnerable (like children and women), and ensuring fair labour practices.

Right To Freedom Of Religion

The Right to Freedom of Religion, guaranteed under Articles 25 to 28, upholds the secular character of the Indian state and ensures religious freedom for all individuals.

Key Articles:

Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion

• Description: Guarantees the freedom of conscience, the right to profess, practice, and propagate religion to all persons.
• Scope: This right is subject to public order, morality, health, and other provisions of Part III of the Constitution (e.g., limitations on rights that infringe on other fundamental rights).
• State Regulation: Allows the state to regulate or restrict non-essential practices associated with religious propagation or administration of religious affairs if they affect public order, health, or morality.

Article 26: Freedom to Manage Religious Affairs

• Description: Every religious denomination has 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, and administer such property according to law.
• Limitations: 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

• Description: No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
• Significance: Prevents the state from using tax revenue to favour one religion over others.

Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in certain Educational Institutions

• Description: Prohibits religious instruction in educational institutions wholly maintained out of state funds.
• Exceptions:
• In educational institutions established under trusts requiring religious instruction, such instruction can be imparted.
• In institutions recognized by the state or receiving aid from the state, no person can be compelled to attend religious instruction or worship without their consent (or guardian's consent if a minor).

Significance: These articles collectively ensure religious freedom and uphold the principle of secularism in India.

Freedom Of Faith And Worship

This is the essence of Article 25, guaranteeing the right to believe in, practice, and propagate one's religion. It protects the internal faith (conscience) and external manifestation of religion.

Equality Of All Religions

This is an outcome of Articles 14 (Equality before Law), 15 (Prohibition of Discrimination), and 27 (Freedom as to payment of taxes for promotion of any particular religion). The state's neutrality and equal treatment ensure that no religion is privileged over others.

Cultural And Educational Rights

Articles 29 and 30 of the Indian Constitution are dedicated to protecting the cultural and educational rights of citizens, particularly minorities.

Article 29: Protection of Interests of Minorities

• Description: Any section of 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.
• Prohibition of Discrimination: It also prohibits discrimination by the State against any citizen on grounds only of religion, race, caste, or language in granting admissions to any educational institution maintained by the State or receiving aid out of State funds.
• Scope: This right is available to any section of citizens, not just religious or linguistic minorities.

Article 30: Right of Minorities to Establish and Administer Educational Institutions

• Description: All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
• State's Role: The state shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is maintained by a minority, whether based on religion or language.
• Purpose: To enable minorities to preserve and promote their distinct culture and identity through education.

Significance: These rights are crucial for maintaining India's pluralistic fabric and ensuring that minority communities are not assimilated or forced to give up their distinct identities.

Right To Constitutional Remedies

Article 32 of the Indian Constitution is considered the "heart and soul" of the Constitution by Dr. B.R. Ambedkar. It empowers citizens to approach courts for the enforcement of their Fundamental Rights.

Article 32: Remedies for Enforcement of Rights Conferred by this Part

• Right to Move the Supreme Court: The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by Part III is guaranteed.
• Writs: The Supreme Court shall have the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of these rights.
• Parliament's Power: Parliament may by law empower any other court within the territory of India to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
• Non-Suspension: The right guaranteed by Article 32 shall not be suspended except as provided by this Constitution (only during a national emergency under Article 359).

Writs Explained:

• Habeas Corpus: To produce a person unlawfully detained.
• Mandamus: To command a public official to perform a public duty.
• Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction.
• Certiorari: To quash an order passed by a lower court or tribunal acting without or in excess of its jurisdiction.
• Quo Warranto: To inquire into the legality of a person's claim to a public office.

Importance: This right makes Fundamental Rights meaningful by providing a direct and effective remedy for their violation. It makes the Fundamental Rights enforceable and prevents them from being mere declarations.

Fundamental Duties Of Citizens

Part IV-A of the Indian Constitution, added by the 42nd Amendment Act, 1976, lists the Fundamental Duties of citizens. These duties are a reminder to citizens to play a role in upholding the nation's ideals and sovereignty.

Origin: Added on the recommendation of the Swaran Singh Committee, which felt that citizens should also be conscious of their duties while enjoying their rights.

List of Fundamental Duties (Article 51A):

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• To cherish and follow the noble ideals which inspired our national struggle for freedom.
• To uphold and protect the sovereignty, unity and integrity of India.
• To defend the country and render national service when called upon to do so.
• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women.
• To value and preserve the rich heritage of our composite culture.
• To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
• To develop the scientific temper, humanism and the spirit of inquiry and reform.
• To safeguard public property and to abjure violence.
• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
• Who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Nature of Duties: These are moral and civic duties. While they are not directly enforceable by courts in the same way as Fundamental Rights, they serve as a reminder to citizens and can be used by the state to guide policy and public discourse.

Importance: They promote responsible citizenship and encourage citizens to actively contribute to nation-building.