Rights are the claims of individuals that are recognized by society and enforced by the state. In modern democratic states, certain fundamental rights are guaranteed to citizens to protect their dignity, freedom and equality. These rights are considered essential because they prevent the state from becoming arbitrary and because they create conditions for the full development of the individual. In the Indian Constitution, Fundamental Rights are enshrined in Part III, drawing inspiration from the Bill of Rights of the American constitution.
The framers of the Indian Constitution placed Fundamental Rights at the centre of the constitutional scheme because the freedom struggle had been fought against colonial rule that denied Indians basic liberties. Fundamental Rights are justiciable, which means they can be enforced by courts. If the government violates any of these rights, a citizen can approach the Supreme Court or High Court for remedies. The rights are available to citizens and, in several cases, to all persons in India.
Fundamental Rights protect citizens against the arbitrary and absolute exercise of power by the state. They preserve the rights of individuals even in a democracy, where majority opinion could otherwise ride roughshod over minority interests. They create conditions for the development of human personality and assure every person dignity and equality of opportunity. The courts protect these rights, and they form the bedrock of constitutional democracy in India.
Fundamental Rights also serve as a check on the legislature. No law passed by Parliament or a state legislature can violate fundamental rights. If it does, the courts can declare such a law void through judicial review. At the same time, these rights are not absolute; the state can impose reasonable restrictions in the interest of public order, morality, national security and the rights of others, as specified in the Constitution itself.
The Constitution originally guaranteed six fundamental rights. First, the Right to Equality (Articles 14 to 18) provides for equality before the law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, equality of opportunity in public employment, abolition of untouchability, and abolition of titles. Second, the Right to Freedom (Articles 19 to 22) guarantees freedom of speech and expression, assembly, association, movement, residence, and profession, along with protection in respect of conviction for offences and protection of life and personal liberty.
Third, the Right against Exploitation (Articles 23 and 24) prohibits traffic in human beings, forced labour and the employment of children in hazardous industries. Fourth, the Right to Freedom of Religion (Articles 25 to 28) guarantees freedom of conscience and the free profession, practice and propagation of religion, subject to public order, morality and health. Fifth, Cultural and Educational Rights (Articles 29 and 30) protect the interests of minorities in preserving their language, script and culture and in establishing educational institutions. Sixth, the Right to Constitutional Remedies (Article 32) empowers citizens to move the Supreme Court to enforce their fundamental rights, which Dr. B. R. Ambedkar called "the heart and soul of the Constitution".
The Right to Equality has been described as the bedrock of Indian democracy. Article 14 guarantees equality before the law and equal protection of the laws to all persons. Article 15 prohibits the state from discriminating against any citizen on grounds only of religion, race, caste, sex or place of birth. Article 16 provides for equality of opportunity in matters of public employment. Article 17 abolishes untouchability and declares its practice in any form an offence. Article 18 abolishes titles, though military and academic distinctions are allowed.
Importantly, the Right to Equality also allows the state to make special provisions for women, children, and socially and educationally backward classes, including Scheduled Castes and Scheduled Tribes. Such affirmative action does not violate equality; rather, it is a way of securing equality in practice by compensating for historical disadvantage.
The Right to Freedom is the second pillar of fundamental rights. Article 19 guarantees six freedoms: freedom of speech and expression, freedom to assemble peacefully without arms, freedom to form associations and unions, freedom to move freely throughout the territory of India, freedom to reside and settle in any part of India, and freedom to practise any profession or carry on any occupation, trade or business. These freedoms are subject to reasonable restrictions in the interest of sovereignty, integrity and security of India, public order, decency, morality, or in relation to contempt of court, defamation and incitement to an offence.
Article 21 declares that no person shall be deprived of his life or personal liberty except according to a procedure established by law. Over the years, the Supreme Court has expanded the meaning of Article 21 to include the right to a clean environment, the right to privacy, the right to health and the right to education. Article 21A was added by the 86th Amendment in 2002, making education a fundamental right for children in the age group of 6 to 14 years.
The Right against Exploitation prohibits traffic in human beings, beggar (forced labour without payment) and other similar forms of forced labour. It also prohibits the employment of children below the age of fourteen years in factories, mines or other hazardous employment. These provisions reflect the social commitment of the Constitution to human dignity.
The Right to Freedom of Religion guarantees every person freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality and health. Every religious denomination can manage its own affairs in matters of religion, and the state cannot compel anyone to pay taxes for the promotion of any particular religion. Religious instruction cannot be imparted in state-funded educational institutions, reflecting the secular character of the Constitution.
Cultural and Educational Rights protect the interests of minorities. Any section of citizens having a distinct language, script or culture has the right to conserve it. Minorities can establish and administer educational institutions of their choice, and the state cannot discriminate against such institutions in granting aid. These rights ensure that minorities can preserve their identity while being part of the national mainstream.
Article 32 gives citizens the right to move the Supreme Court for the enforcement of fundamental rights. Dr. B. R. Ambedkar described Article 32 as "the heart and soul of our Constitution". The Supreme Court can issue writs such as habeas corpus, mandamus, prohibition, certiorari and quo warranto for the enforcement of rights. Under Article 226, High Courts also have the power to issue writs for the enforcement of fundamental rights and for any other purpose.
Fundamental rights are not absolute; they are subject to reasonable restrictions. The Constitution itself specifies grounds such as 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 and incitement to an offence. During a national emergency, fundamental rights can be suspended, except the right to life and personal liberty under Article 21.
The Supreme Court in the Kesavananda Bharati case (1973) held that Parliament cannot alter the basic structure of the Constitution, and fundamental rights form part of the basic structure. This judgement limited the power of amendment and protected the core of fundamental rights.
| Fundamental Right | Articles | Key Provisions |
|---|---|---|
| Right to Equality | 14-18 | Equality before law, no discrimination, equality of opportunity, abolition of untouchability and titles |
| Right to Freedom | 19-22 | Six freedoms, protection of life and personal liberty, protection in conviction |
| Right against Exploitation | 23-24 | Ban on human trafficking, forced labour, child labour |
| Right to Freedom of Religion | 25-28 | Freedom of conscience and profession, practice and propagation of religion |
| Cultural and Educational Rights | 29-30 | Protection of minorities' language and culture, right to establish institutions |
| Right to Constitutional Remedies | 32 | Right to move Supreme Court; writs; 'heart and soul' of the Constitution |
| Writ | Meaning |
|---|---|
| Habeas Corpus | Produce the detained person before the court; protects personal liberty |
| Mandamus | Command a public official to perform a legal duty |
| Prohibition | Stop a lower court from exceeding its jurisdiction |
| Certiorari | Quash an order already passed by a lower court |
| Quo Warranto | Question the authority of a person holding a public office |
Fundamental Rights are the cornerstone of the Indian Constitution. They protect individual dignity and liberty, restrain the state from arbitrary action, and give citizens enforceable remedies. The six fundamental rights cover equality, freedom, protection from exploitation, freedom of religion, cultural and educational rights, and constitutional remedies. While the rights are subject to reasonable restrictions, their justiciable nature makes them a powerful instrument for the protection of the people. Understanding these rights is essential for every citizen, as they define the relationship between the individual and the state and embody the promise of justice, liberty and equality made in the Preamble.