Fundamental Rights | Law Optional Notes for UPSC PDF Download

Introduction

The Indian Constitution of 1950 includes provisions that safeguard the fundamental human rights of all Indian citizens. These rights, known as Fundamental Rights, are protected from discrimination based on factors like religion, race, gender, and more. Individuals can invoke these rights if they are violated. These Fundamental Rights are detailed in Part III of the Indian Constitution, often referred to as the "Magna Carta" of the Indian Constitution. This article explores the fundamental rights enshrined in the Indian Constitution.

Schedule of Fundamental Rights

There are six fundamental rights enshrined in the Indian Constitution:

1. Right to Equality (Articles 14–18)
2. Right to Freedom (Articles 19–22)
3. Right against Exploitation (Articles 23–24)
4. Right to Freedom of Religion (Articles 25–28)
5. Cultural and Educational Rights (Articles 29–30)
6. Right to Constitutional Remedies (Article 32)

It's worth noting that the right to property was originally one of the fundamental rights in the Constitution. However, it was removed from the schedule of fundamental rights by the 44th Constitutional Amendment Act in 1978. This change was made to facilitate property distribution, equality, and socialism. The right to property is now a legal right under Article 300A and no longer a fundamental right.

Salient Features of Fundamental Rights

Here are some key features of the Fundamental Rights in the Indian Constitution:

• Guarantee and Protection: The Indian Constitution guarantees and safeguards fundamental rights.
• Restrictions by Parliament: The Parliament has the authority to impose reasonable restrictions on fundamental rights, but such restrictions are subject to judicial review for reasonableness and can only be imposed for a limited period.
• Suspension in Emergencies: Fundamental rights can be suspended during national emergencies, but rights under Articles 20 and 21 remain applicable. In areas under military rule, fundamental rights can be restricted.
• Justiciable: Fundamental rights can be enforced by individuals through the Supreme Court of India if they are violated or restricted.

Importance of Fundamental Rights

Fundamental rights serve as the bedrock of India's democratic system and secularism. They establish the necessary conditions for an individual's material and moral protection, ensuring social justice and equality. These rights also protect the rights of minorities and vulnerable sections of society and uphold individual liberty. They establish the rule of law and check the absolute authority of the government.

Amendability of Fundamental Rights

The Supreme Court, in the Kesavananda Bharati case (1974), ruled that Parliament can amend any part of the Constitution, including fundamental rights, subject to the "Doctrine of Basic Structure" of the Constitution. While the basic structure has not been explicitly defined, the Court has held that certain elements, including sovereignty, democracy, secularism, republic status, free and fair elections, and judicial review, are part of the basic structure. Amendments can add to the basic structure but not delete from it.

Doctrine of Severability

The doctrine of severability, as enshrined in Article 13(1) of the Constitution, states that laws in force before the Constitution's commencement will continue to apply, but any parts of these laws conflicting with fundamental rights will be void to the extent of such inconsistency. In simple terms, only the part of the law that conflicts with fundamental rights will be considered void or invalid, not the entire law.

Doctrine of Eclipse

The doctrine of eclipse is applied when one provision of a law dominates over another and is inconsistent with fundamental rights. In such cases, fundamental rights overshadow the inconsistent law, making it unenforceable but not void from the beginning. If the limitations imposed by fundamental rights are removed, the law can be implemented once again.

Right to Equality

Article 14 – Equality before the law

Article 14 ensures equal treatment under the law for all citizens, emphasizing that the law protects everyone equally. It requires that individuals in similar circumstances be treated alike.

Article 15 – Prohibition of discrimination

Article 15 prohibits discrimination based on religion, race, caste, sex, place of birth, or any of these factors. It covers areas such as access to public places and the use of public properties maintained by the state. However, special provisions can be made for women, children, and backward classes.

Article 16 – Equal opportunity in public employment

Article 16 ensures equal opportunities in public employment for all citizens, without discrimination based on religion, caste, race, sex, place of birth, residence, or descent. Special provisions can be made for backward classes.

Article 17 – Abolition of untouchability

Article 17 unequivocally abolishes the practice of untouchability in all its forms and makes it an offense.

Article 18 – Abolition of titles

Article 18 prohibits the State from conferring titles, except for academic or military distinctions. It also prohibits Indian citizens from accepting titles from foreign governments. This provision abolishes titles awarded by the British government.

Right to Freedom

Article 19 – Six freedoms

Article 19 guarantees six fundamental freedoms:

1. Freedom of speech and expression, subject to certain restrictions for the integrity, security, and sovereignty of the country, among others.
2. Freedom to assemble peacefully without arms, with reasonable restrictions for sovereignty, integrity, and public order.
3. Freedom to form associations, unions, or cooperative societies, with exceptions for integrity, security, and public order.
4. Freedom to move freely throughout India, with restrictions for security, public order, and the interests of Scheduled Tribes.
5. Freedom to reside in any part of India, subject to restrictions for security, public order, and the interests of Scheduled Tribes.
6. Freedom to practice any trade, profession, or occupation, with exceptions for legality and professional qualifications.

Article 20 – Protection in case of conviction for offenses

Article 20 protects citizens from retrospective criminal legislation, double jeopardy, and self-incrimination. It safeguards against certain kinds of legal action after the commission of an offense.

Article 21 – Right to Life

Article 21 states that no one can be deprived of their life or personal liberty by the State except according to the procedure established by law. It encompasses the right to lead a dignified life.

Article 21A – Free education for children aged 6-14
Article 21A, added by the 86th Constitutional Amendment Act in 2002, mandates free and compulsory education for children aged 6 to 14.

Article 22 – Protection against arrest and detention

Article 22 provides procedural safeguards for individuals in case of arrest, including the right to know the grounds of arrest and the right to consult a lawyer. It also mandates that an arrested person must be produced before a judicial magistrate within 24 hours and cannot be held in custody for an extended period without the magistrate's approval. However, this provision does not apply to those arrested under preventive detention laws or enemy aliens.

Right against Exploitation

Article 23 – Prohibition of human trafficking and forced labor

• Article 23(1) prohibits human trafficking and various forms of forced labor, making any violation of this provision a punishable offense.
• Article 23(2) allows the state to impose compulsory service for public purposes without discrimination based on religion, race, caste, or class. This provision ensures that individuals are not subjected to forced labor by the state, but it may require compulsory service in certain situations.

Article 24 – Prohibition of child labor in factories and hazardous employment

Article 24 prohibits the employment of children below the age of fourteen in factories, mines, or any other hazardous employment. It makes it illegal to employ children in such conditions, with exceptions for non-hazardous work. Several laws, including the Child Labour (Prohibition and Regulation) Act, 1986, address this provision.

Right to Freedom of Religion

Article 25 – Freedom of conscience and religious practice

Article 25 guarantees freedom of conscience, the right to profess, practice, and propagate religion, subject to certain restrictions like public order, health, and morality. It allows the state to regulate or restrict economic, political, or other secular activities related to religious practices.

Article 26 – Freedom to manage religious affairs

Article 26 grants religious denominations the right to manage their religious and charitable institutions, acquire property, and administer it according to the law, subject to morality, health, and public order.

Article 27 – Freedom from taxation for promoting any religion

Article 27 ensures that no taxes can be imposed for promoting or maintaining any particular religion or religious denomination.

Article 28 – Freedom from religious instruction in certain educational institutions

Article 28 permits the establishment of educational institutions by religious groups to impart religious instruction. It allows students and parents the choice to attend or not attend these classes.

Cultural and Educational Rights

Article 29 – Protection of interests of minorities

• Article 29(1) safeguards the right of any section of citizens with a distinct culture, language, or script to conserve their heritage.
• Article 29(2) ensures that minorities have access to educational institutions maintained by the state or receiving state aid without discrimination based on factors like race, religion, caste, or language.

Article 30 – Right of minorities to establish and administer educational institutions

• Article 30(1) grants religious and linguistic minorities the right to establish and administer educational institutions of their choice.
• Article 30(2) prevents the state from discriminating against minority-run institutions when granting aid, whether based on religion or language.

Article 32 – Right to Constitutional Remedies

The Indian Constitution provides remedies when citizens' fundamental rights are violated, ensuring that the state cannot infringe upon or restrict an individual's rights. In case of such violations, aggrieved individuals can seek redress through the courts, including the Supreme Court of India, which can issue writs to enforce fundamental rights.
There are five types of writs that can be issued by the court:

• Habeas Corpus: This writ allows the court to inquire into the legality of a person's detention when they are held in custody.
• Certiorari: This writ permits a higher court to review a case that has been tried in a lower court, typically used for judicial review of decisions made by lower courts or government authorities.
• Prohibition: A court issues the writ of prohibition to prevent lower courts, tribunals, and quasi-judicial authorities from exceeding their legal authority. It is used to prevent wrongful actions.
• Mandamus: The writ of mandamus compels a public official who has neglected or refused to perform their duty to fulfill their responsibilities. It can also be issued against public bodies, inferior courts, corporations, tribunals, or governments.
• Quo Warranto: This writ, used by the Supreme Court or high courts, examines the legitimacy of an individual's claim to a public office and prevents illegal usurpation of such positions.

Overview of Landmark Cases Relating to Fundamental Rights

• A. K. Gopalan v. State of Madras (1950): This case dealt with preventive detention and the disclosure of grounds for detention. The Supreme Court ruled that Article 21 does not require Indian courts to apply the due process standard of law, and it upheld the validity of the Preventive Detention Act, 1950, except for Section 14, which prohibited disclosure of detention grounds.
• Shankari Prasad v. Union of India (1952): This case upheld the constitutional validity of the first Amendment of 1951, which curtailed the right to property. It established that Parliament has the authority to amend fundamental rights.
• Golak Nath v. State of Punjab (1967): Golak Nath challenged the Punjab Securities and Land Tenures Act, 1950, claiming it violated his right to property. The Supreme Court ruled that Parliament lacked the power to curtail any fundamental rights.
• Kesavananda Bharati v. State of Kerala (1973): This case reviewed the Golaknath case and established the "basic structure" doctrine, asserting that Parliament cannot amend the basic structure of the Constitution.
• Indira Nehru Gandhi v. Raj Narain (1975): This case involved election disputes and the 39th Amendment of the Constitution. It added new features to the basic structure doctrine, such as the rule of law, democracy, and judicial review.
• Maneka Gandhi v. Union of India (1978): Maneka Gandhi's passport was impounded, leading to a writ petition under Article 32. The Supreme Court ruled that procedures under Article 21 must be free from arbitrariness and unreasonableness.
• Minerva Mills Ltd. and Ors. v. Union Of India and Ors. (1980): This case clarified the basic structure doctrine and limited Parliament's power to amend the Constitution. It struck down parts of the Forty-second Amendment Act, 1976.

In Conclusion

Fundamental Rights in the Indian Constitution serve as a safeguard, ensuring democracy and protecting the basic rights of Indian citizens. These civil liberties take precedence over other laws and are vital for the overall progress of both the people and the nation.