INTRODUCTION

What are Fundamental Rights?

The Fundamental Rights in India enshrined in part III (Article 12-35) of the
Constitution of India guarantee civil liberties such that all Indians can lead their lives
in peace and harmony as citizens of India. These rights are known as "fundamental"
as they are the most essential for all-round development i.e., material, intellectual,
moral and spiritual and protected by fundamental law of the land i.e. constitution.
If the rights provided by Constitution especially the Fundamental rights are violated
the Supreme Court and the High Courts can issue writs under Articles 32 and 226 of
the Constitution, respectively, directing the State Machinery for enforcement of the
fundamental rights.
These include individual rights common to most liberal democracies, such as
equality before law, freedom of speech and expression, freedom of association and
peaceful assembly, freedom to practice religion and the right to constitutional
remedies for the protection of civil rights by means of writs such as habeas corpus.
Violations of these rights result in punishments as prescribed in the Indian Penal
Code, subject to the discretion of the judiciary. The Fundamental Rights are defined
as basic human freedoms where every Indian citizen has the right to enjoy for a
proper and harmonious development of personality and life. These rights apply
universally to all citizens of India, irrespective of their race, place of birth, religion,
caste or gender. They are enforceable by the courts, subject to certain restrictions.
The Rights have their origins in many sources, including England's Bill of Rights, the
United States Bill of Rights and France's Declaration of the Rights of Man.
The six fundamental rights are:
1. Right to equality (Article 14–18)
2. Right to freedom (Article 19–22)
3. Right against exploitation (Article 23–24)
4. Right to freedom of religion (Article 25–28)
5. Cultural and educational rights (Article 29–30)
6. Right to constitutional remedies (Article 32-35)
Rights literally means those freedoms which are essential for personal good as well
as the good of the community. The rights guaranteed under the Constitution of
India are fundamental as they have been incorporated into the Fundamental Law
of the Land and are enforceable in a court of law. However, this does not mean that
they are absolute or immune from Constitutional amendment.
Fundamental rights for Indians have also been aimed at overturning the inequalities
of pre-independence social practices. Specifically, they have also been used to
abolish untouchability and hence prohibit discrimination on the grounds of religion,
race, caste, sex, or place of birth. They also forbid trafficking of human beings and
forced labour. They also protect cultural and educational rights of ethnic and
religious minorities by allowing them to preserve their languages and also establish
and administer their own education institutions. When the Constitution of India
came into force it basically gave seven fundamental rights to its citizens. However,
the Right to Property was removed as a Fundamental Right through the 44th
Constitutional Amendment in 1978. In 2009, the Right to Education Act was added.
Every child between the age of 6 to 14 years is entitled to free education.
In the case of Kesavananda Bharati v. State of Kerala (1973), it was held by the Apex
Court that Fundamental Rights can be amended by the Parliament, however, such
amendment should not contravene the basic structure of the Constitution.
Why are they called Fundamental Rights?
These rights are called fundamental rights because of two reasons:
7. They are enshrined in the Constitution which guarantees them.
8. They are justiciable (enforceable by courts). In case of a violation, a
person can approach a court of law.

NEED FOR FUNDAMENTAL RIGHTS

Fundamental rights are basically known as the basic human rights, but these are
regulated by the Constitution in India and declared as special rights for the people.
With these rights being cohesive in a society, the citizens are able to comprehend
the importance of all the members of the society, co-operate and adjust themselves
accordingly, hence, maintaining cordial relationships with one another. The
Constitution also provides for enforcement of these rights hence, they not only have
a legal value but also an educational value, assisted by the citizens to protect,
respect, accept and fulfil the rule of law. They also uphold the equality and dignity
of the individuals, keeping in mind the unity and integrity of the nation.
Fundamental Rights are the individual rights or the basic rights, without which the
modern constitutional democracy is meaningless, and so they entrenched with the
understanding that these cannot be infringed or taken away by any ordinary law or
provision. Not only for the advancement of the people and expansion of the
societies, but these basic rights are also needed for protecting the people from
violations or excesses of the state, as the state is considered to be the biggest
violator of human rights.

Fundamental rights are always planned to protect and ensure not only the dignity
of the individual but also, create some situations that can help every human being
to develop their character to its comprehensive extent. Despite they enforce an
undesirable duty on the state, that is, of not encroaching on individual liberty in its
various dimensions, it forms the base or root for the very concept of Human rights.

FEATURES
• Fundamental rights are different from ordinary legal rights in the manner in
which they are enforced. If a legal right is violated, the aggrieved person
cannot directly approach the SC bypassing the lower courts. He or she should
first approach the lower courts.
• Some of the fundamental rights are available to all citizens while the rest are
for all persons (citizens and foreigners).
• Fundamental rights are not absolute rights. They have reasonable
restrictions, which means they are subject to the conditions of state security,
public morality and decency and friendly relations with foreign countries.
 • They are justiciable, implying they are enforceable by courts. People can
approach the SC directly in case of violation of fundamental rights.
• Fundamental rights can be amended by Parliament by a constitutional
amendment but only if the amendment does not alter the basic structure of
the Constitution.
• The Fundamental Rights of the Indian Constitution can be suspended during
a national emergency. But the rights guaranteed under Articles 20 and 21
cannot be suspended.
• The application of fundamental rights can be restricted in an area that has
been placed under martial law or military rule.

Fundamental Rights
Articles 12-35 of the Indian Constitution deal with Fundamental Rights. Rights These
human rights are conferred upon the citizens of India and the Constitution tells that
these rights are inviolable. Right to Life, Right to Dignity, Right to Education, etc. all
come under one of the six main fundamental rights.

Fundamental rights are available against the state. And not against private
individuals.
Definition of state. Article 12.
Article 12 defines the term state as used in different articles of part three of the
Constitution. It says that unless the context otherwise requires the term state
includes the following.
1.The Government and Parliament of India i.e. executive and legislature of the
Union.
2.The government and the legislature of each state, i.e. executive and legislature of
states.
3.All local or other authorities within the territory of India.
4.All local and authorities under the control of the Government of India.
The term state thus includes executive as well as the legislative arms of the Union
and the states. It is therefore the actions of these bodies that can be challenged
before the courts as violating fundamental rights.
In University of Madras v, Shantha bai (1954), the Madras High Court held at other
authorities could only indicate authorities of a like nature that is ejusdem generis.
In Ujjammbai v. state of UP (1962), the court rejected this restrictive interpretation
of the expression other authorities given by the Madras High Court. And held that
the adjustment generous rule could not be restored to in interpreting this
expression. There is no common genus. Running through these named bodies.
Laws Inconsistent with fundamental rights. Article 13.
Laws inconsistent with or in derogation of the fundamental rights: All laws in force
in the territory of India immediately before the commencement of this Constitution,
in so far as they are inconsistent with the provisions of this Part, shall, to the extent
of such inconsistency, be void

1. Right to Equality (Articles 14 – 18)

The right to equality is one of the important fundamental rights of the Indian
Constitution that guarantees equal rights for everyone, irrespective of religion,
gender, caste, race or place of birth. It ensures equal employment opportunities in
the government and insures against discrimination by the State in matters of
employment on the basis of caste, religion, etc. This right also includes the abolition
of titles as well as untouchability.

Equality before law and equal protection of laws. Article 14.

Article 14 Permits Classification. But prohibits class Legislation.
Test of reasonable classification.
Intelligible differentia.
Rational nexus
No discrimination on grounds of religion, race, caste, sex, or place of birth Article
15.
In State of Madras V. champakam dorairajan(1951)
The High Court of Madras ultimately ruled the order of. Unconstitutional.
Emphasizing the supremacy of Fundamental rights. In the Indian Constitution. The
court held that. While DPSP. Are important. They cannot override fundamental
rights
In Mr. Balaji. V. State of Mysore(1963)
The court. Decided that the questioned order was an abuse of the constitutional
authority given to the state through Article 15(4). And should be nullified. The order
separated the backward classes solely based on their cost, which is not allowed by
Article 15(4)
Equality of opportunity. In public employment. Article 16 Indra Sawhney vs Union
of India (1993). The Court upheld the concept of reservations for socially and
economically backward classes, emphasizing their importance in achieving social
justice and upliftment. It set a cap of 50% for reservations under Article 16(4) to
prevent reverse discrimination.
Abolition of untouchability. Article 17.
Article 17 abolishes untouchability and forbids. It's practice in any form.
Abolition of Titles, Article 18.
Article 18 prohibits. The state to confer. Titles on any body. Whether a citizen or a
non-citizen.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society.
The Indian Constitution guarantees freedom to citizens. The freedom right includes
many rights such as:

• Freedom of speech
• Freedom of expression
• Freedom of assembly without arms
 • Freedom of association
• Freedom to practice any profession
• Freedom to reside in any part of the country
Some of these rights are subject to certain conditions of state security, public
morality and decency and friendly relations with foreign countries. This means that
the State has the right to impose reasonable restrictions on them.

The Supreme Court of India upheld Romesh Thappar v. state of madras (1950)
right to directly approach the Supreme Court under Article 32, without prior
recourse to the High Court and declared Section 9(1-A) unconstitutional. This case
set an important precedent for the protection of free speech in India
In Maneka Gandhi v UOI (1978) The court held that the extent of “individual
freedom” isn't interpreted in a tight and stricter sense. The court said that individual
freedom must be comprehended in the more extensive and liberal sense. Hence,
Article 21 was given an extensive translation.
In Shreya Singhal v Union of India (2015) In this historic decision, the supreme
court held that section 66(a) of the IT act should be repealed because it violated
article 19(1)(a) of the constitution's guarantee of freedom of speech and expression
and was not shielded by article 19(2), that imposes reasonable restrictions.
Protection. In respect of. Conviction for offenses. Article 20. Article 20. Of the Indian
Constitution provides the following safeguards to the persons accused of crimes.
1. ex-Post facto law. Clause (1) one of Article 20.
2.Double. Jeopardy. Clause (2). 2. Of Article 20.
3.Prohibition against self-incrimination. Clause (3) of Article 20.
No person. Shall be deprived of his life or personal liberty except according to
procedure established by law. Article 21.
In Kharak Singh v. state of up (1962) case. The decisions were overruled by MP
Sharma and Kharak Singh case. So, The right to privacy is protected as an intrinsic
part of the right to life and personal liberty under Article 21 and as a part of the
freedoms guaranteed by Part III of the Constitution
In AK Gopalan v State of Madras (1950), SC interpreted article 21 in a narrow and
restricted manner and interpreted the expression 'personal liberty' as merely
protection for one's bodily parts i.e. the State cannot damage or harm to the body
of an individual.
In Maneka Gandhi case. The Court has given the widest possible interpretation of
the world's personal liberty.
The right to education is a fundamental right. Article 21A.
In. Unnikrishnan versus State of Andhra Pradesh (1993). The code. Held that the
right to education for the children. Of the age of 6. to 14 years is a fundamental
right.
Protection against. Arrest and detention in certain cases. Article 22.
Article 22 grants. Protection to person. Who are arrested or detained
In hussainnara Khatoon case the court held Justice delayed is justice denied. These
cases prove and stress the significance of the need for the right to a speedy trial for
every citizen.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms
of forced labour. It also implies the prohibition of employment of children in
factories, etc. The Constitution prohibits the employment of children under 14 years
in hazardous conditions.

Prohibition of traffic in human beings and forced labour. Article 23.

Prohibition of employment. Of children in factories. Article 24.

In MC Mehta versus State of Tamil Nadu(1986). The Supreme Court. In a PIL held.
That the children. Below, the age of 14 years cannot be employed in any hazardous
industry, mines or other works.

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

This indicates the secular nature of Indian polity. There is equal respect given to all
religions. There is freedom of conscience, profession, practice and propagation of
religion. The State has no official religion. Every person has the right to freely
practice his or her faith and establish and maintain religious and charitable
institutions.

Freedom of conscience. And free. Profession. Practice and propagation. Of

religion. Article 25.

In S.R. Bommai versus Union of India (1994). The Supreme Court held that. The
secularism is a Basic feature of the Constitution.

Freedom to manage religious affairs, Article 26.

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

These rights protect the rights of religious, cultural and linguistic minorities, by
facilitating them to preserve their heritage and culture. Educational rights are for
ensuring education for everyone without any discrimination.

In Bijoi Emmanul (1986) case Sc held that there is no legal obligation in India to sing
national anthem

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated.
The government cannot infringe upon or curb anyone’s rights. When these rights
are violated, the aggrieved party can approach the courts. Citizens can even go
directly to the Supreme Court which can issue writs for enforcing fundamental
rights.

Art 32 is the very soul of the constitution and very heart of it Dr. Ambedkar
Article 32 of the Indian Constitution gives the right to individuals to move to the
Supreme Court to seek justice when they feel that their right has been 'unduly
deprived'
The Court shall have 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 the rights
conferred by this Part.
Fundamental Rights Available Only to Citizens
The following is the list of fundamental rights in the Indian constitution that are available only
to citizens (and not to foreigners):

1.Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article 15).

2.Equality of opportunity in matters of public employment (Article 16).

3.Protection of freedom of: (Article 19)

• Speech and expression
• Association
• Assembly
• Movement
• Residence
• Profession
4.Protection of the culture, language and script of minorities (Article 29).
5.Right of minorities to establish and administer educational institutions (Article 30).

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the country. They
are essential for safeguarding the people’s interests.

According to Article 13, all laws that are violative of fundamental rights shall be void. Here,
there is an express provision for judicial review. The SC and the High Courts can declare any law
unconstitutional on the grounds that it is violative of fundamental rights. Article 13 talks about
not just laws, but also ordinances, orders, regulations, notifications, etc.

Amendability of Fundamental Rights

• Any changes to fundamental rights require a constitutional amendment that should be passed by
both the Houses of Parliament. The amendment bill should be passed by a special majority of
Parliament.
• As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental
rights.
• The question is whether a constitutional amendment act can be termed law or not.
• In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of
the Constitution including fundamental rights.
• But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it said
that the fundamental rights cannot be amended.
• In 1973, a landmark judgement ensued in the Kesavananda Bharati case, where the SC held that
although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s
 amending power, the “basic structure of the Constitution could not be abrogated even by a
constitutional amendment.”
• This is the basis in Indian law in which the judiciary can strike down any amendment passed by
Parliament that is in conflict with the basic structure of the Constitution.
• In 1981, the Supreme Court reiterated the Basic Structure doctrine.
• It also drew a line of demarcation as April 24th, 1973 i.e., the date of the Kesavananda Bharati
judgement, and held that it should not be applied retrospectively to reopen the validity of any
amendment to the Constitution which took place prior to that date.
Doctrine of Severability
This is a doctrine that protects the fundamental rights enshrined in the Constitution.

• It is also known as the Doctrine of Separability.

• It is mentioned in Article 13, according to which all laws that were enforced in India before the
commencement of the Constitution, inconsistent with the provisions of fundamental rights shall to the
extent of that inconsistency be void.
• This implies that only the parts of the statute that are inconsistent shall be deemed void and not the
whole statute. Only those provisions which are inconsistent with fundamental rights shall be void.
Doctrine of Eclipse
• This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is
only non-enforceable, i.e., it is not dead but inactive.
• This implies that whenever a fundamental right (which was violated by the law) is struck down, the
law becomes active again (is revived).
• Another point to note is that the doctrine of eclipse applies only to pre-constitutional laws (laws that
were enacted before the Constitution came into force) and not to post-constitutional laws.
• This means that any post-constitutional law which is violative of a fundamental right is void ab initio.

Suspension of Fundamental Rights during Emergency

• Fundamental rights are not absolute because their scope and limitations are clearly
defined.
• The limitations imposed are in the interest of the public good, social reforms, public order,
morality, and the state's safety.
• The state is allowed by the constitution to impose 'reasonable restrictions' on certain
rights, but the 'reasonability' of the restrictions is a justiciable issue.
Fundamental rights can be suspended during a state of emergency declared by the President of
India on the recommendation of the Union Cabinet (Article 352). The People of India gave
themselves a constitution that included Article 359 on the suspension of the enforcement of the
rights conferred by Part III during times of emergency.

Fundamental Rights and Duties Difference

Fundamental Rights are the rights available to the people of this country, while Fundamental
Duties are the obligations on the part of the citizens. Fundamental Duties were added to the
Indian Constitution by the 42nd Constitution Amendment Act 1976 by the Indira Gandhi
Government.

Fundamental rights and duties are two important concepts of the Indian Constitution. While
fundamental rights are the entitlements that individuals possess by virtue of being citizens of a
particular country, fundamental duties are the responsibilities that citizens have towards their
country and fellow citizens. Here are some key differences between the two:

Nature: Fundamental rights are legal rights that are enshrined in the constitution of a country. These rights are
meant to protect the interests of individuals and provide them with a sense of security and equality. On the
other hand, fundamental duties are moral and ethical obligations expected of citizens towards their country
and fellow citizens.
Enforcement: Fundamental rights are enforceable through the courts of law. If an individual’s fundamental
rights are violated, they can seek legal recourse and the courts can provide appropriate remedies. However,
fundamental duties are not enforceable in the same way. While citizens are expected to fulfil their fundamental
duties, there are no legal sanctions if they fail to do so.
Goal: The focus of fundamental rights is on protecting the interests of individuals and ensuring their well-being.
Fundamental duties, on the other hand, are focused on promoting the collective good and ensuring that citizens
contribute to the welfare of their country.

Conclusion:
In conclusion, Fundamental Rights are an integral part of the Indian Constitution and play a
crucial role in upholding the principles of democracy, justice, equality, and the rule of law. The
provisions under Part III of the Constitution ensure that citizens are protected against
arbitrary actions by the government and can approach the courts for redressal of their
grievances.The Golden Triangle of Articles 14, 19, and 21 is considered the backbone of Indian
democracy and acts as a safeguard against government abuse and oppression.

The impact of Fundamental Rights can be seen in the landmark cases that have shaped the
interpretation and enforcement of these rights. Overall, Fundamental Rights are essential for
the development and progress of India as a democratic nation that values the principles of
justice, equality, and human rights.