Fundamental Rights of India

Fundamental Rights are those rights and freedoms of the people of India, which enjoy constitutional recognition and guarantee. The Supreme Court of India and State High Courts have the power to enforce Fundamental Rights. Supreme court is the guardian protector of fundamental rights.

A very detailed Bill of Rights It is a very detailed and comprehensive Bill of Rights. It contains 24 Articles from 12 to 35. These describe in detail the fundamental rights of the people of India.

People enjoy only the rights given in the Constitution. The Constitution of India does not give any recognition to natural or un-granted rights People of India enjoy only those fundamental rights.

Special Rights for the Minorities. The India bill of Rights guarantees some special rights to the minorities. Cultural and educational rights have been granted to them. It abolishes untouched and makes it’s a crime. It has also granted special protections to women, children and the weaker sections of society.

Lack of Social and Economic Rights: It grants only civil rights and freedoms. Rights like Right to Work, Right to Leisure, and Right to Social Security have not been included in the India Bill of Rights.

Rights are Not Absolute: The fundamental rights of the people are not absolute. Some limitations have been placed on them. While describing the scope of each right, the Constitution also describes its limitations. These have been laid down for protecting public health, public order, morality and security of India.

Rights are equally binding upon all: The Constitution makes the rights binding upon all authorities0 the Union, the States, the Parliament, and all other State authorities.

Enforcement of Rights. The Constitution not only grants but also guarantees rights. It provides legal and constructional protection t the fundamental rights. The citizens have been given the right to seek the protection of the Supreme Court and other courts for getting their rights enforced.

Parliament has the power to amend Fundamental Rights: The fundamental rights contained in the constitution can be amended by the Parliament. The Parliament has, in practice, exercised this power on several occasions.

Provision for the Suspension of Rights: The constitution provides for a suspension of fundamental rights during an emergency. However, such a suspension automatically ends when the emergency ceases or when the President withdraws it.

Rights to Property are not a Fundamental Right. Initially, the Constitution granted to the citizens the fundamental right to property. However, because of the hindrances posed by this right in the way of implementation of some socio-economic reforms, right to property was deleted from the list of Fundamental Rights. It was made a legal right under Article 300A. This was done by the 44th Amendment of The Constitution. Now right to property is a legal right and not a fundamental right of the people.

Right of Education. By 86th Amendment Act, Article 21A has been in the Bill of Rights. It gives to the children between the agesof 6 to 14 years, the Rights of Education.

Constitutional Superiority of Fundamental Rights. The fundamental rights of the citizens are superior to ordinary laws and the Directive Principals of State Policy. No law can violate Fundamental Rights.

Institution of National Human Rights Commission (NHRC). With a view to check possible violations of National Human Rights Commission has been working in India since 1993. It is five-member commission.

Conclusion: These features clearly bring out the nature of Indian Bill of Rights. It is indeed a very detailed an essential part of the Constitution of India. It grants and guarantees equal fundamental rights and freedoms to all people of India. It constitutes a very strong pillar of India Democracy.

Rights to Equality

Equality Before Law (Art. 14). All citizens enjoy equality before law. All enjoy equal protection of law. Equality before law, however, does not mean absolute equality or equality is among the unequal. It means equality or equality among the unequal. It means equality among the similarly placed people. It does not prohibit the classification of persons into different groups.

Prohibition of discrimination (Art. 15) It prohibits discrimination on grounds of religion, race, caste, sex or place of birth. No person can, on any of any of these grounds, be denied access to shops, hotels, public restaurants and places of public entertainment or the use of wells, tanks, bathing Ghats, and places of public resort.

Equality of Opportunity (Art. 16.) this right provides equality of opportunity for all citizens in mattes relating to employment or appointment to any office the state. However, qualifications can be fixed for various jobs.

Abolition of Untouchables (Art. 17). For eradicating the evil practice of untouchables in India, the Constitution has abolished untouchable. Practice of untouchable in any form is an offence publishable by law. All citizens of India now enjoy equal status.

Abolition of Titles (Art. 18). The Constitution prohibits the state from conferring any title on citizens. However honors for military or academic distinctions can be given. This right does not prevent the grant of military decorations such as Parma Vir Chakra, Mahavir Chakra. Vir Chakra and Ashok Chakra.

Right to Freedom

Under a set of four Articles (19- 22), the constitution grants the Right to Freedom to the entire citizen. These articles together constitute the charter of freedoms of the people.

Fundamental Freedoms of Citizens (Art. 19) All citizens have the right to: (i) Freedom of speech and expression. (ii) Freedom of assembly (iii) Freedom to form associations. (iv) Freedom of movement (v) Freedom to reside and settle (VI) Freedom of profession, occupation, trade or business.

The Right to Freedom, like the right to equality is also not absolute. It is also subject to reasonable limitations. These freedoms have to be used without any violation of public order, public health, morality and security of state. Further, in respect of freedom of profession, trade, and business, the state can prescribe professional or technical qualifications. The State can also nationalize any industry or business.

Protection against Arbitrary conviction (Art. 20). The constitution provides protection against arbitrary conviction in cases of offences committed by a person. It lays down that: No person canbe punished except for a violation of law. No person can be subjected to a punishment greater than the one prescribed by law. For one crime one punishment can be given. No person accused of any offence can be forced to give evidence against him.

Protection of Life and Liberty (Art. 21). It grants protection to the lifeand liberty of citizens as well as non-citizens. It says, “No person can be deprive of his life and liberty except according to the procedure established by law.”

Protection against Arrest and Detention (Art. 22). The Constitution also provides protection against arbitrary arrest and detention. Any person arrested by the police enjoys certain protections. He has a right to be informed about the grounds of his arrest. He has the right to consult his lawyer. He is to be produced before the nearest magistrate within a period of 24 hours of his arrest.

Right Against Exploitation (Arts. 23-24)

Prohibition of Traffic in human beings and forced Labour (Arts 23). This right prohibits sale and purchase of human beings It also prohibits beggar or forced labour.

Prohibition of Employment of Children. No child below the age of fourteen years can be employed to work in any factory or mine or any other hard harmful job.

Right to Freedom of Religion (Ars. 25- 28)

Freedom of Profession and Propagation of Religion (Art 25). All persons enjoy the freedom of conscience. They have the right to profess, practice and propagate any religion. Forcible conversions stand prohibited. No one can be forced to adopt or leave a particular religion.

Freedom to Manage Religions Affairs (Art. 26). Every religion has the right to establish and maintain religions institutions. Manage its own affairs; Own and acquire movable and immovable property; and administer its property in accordance with law.

Freedom from paying taxes for the promotion of any Religion (Art. 27). No person can be compelled to pay any tax for the promotion or maintenance of any particular religion.

Freedom to attend or abstain from religious functions (Arts. 28). The Constitution prohibit is the imparting of religious instructions in any educational institution. No student can be forced to participate in a religious worship that may be conducted in his institution. The right to religious freedom, like other fundamental rights, has certain limitations. This right can be exercised subject to public order, morality and public health. It does not prohibit the introduction of social reforms.

Cultural and Educational Rights (Arts. 29 and 30)

Right to maintain Language, Script and Culture (Art. 29). Any section of the citizens having a distinct language, script or culture of its own has the right to maintain the same.

Right to establish and administer educational institutions (Arts. 30). All minorities, whether based on religion or language, have the right to establish and administer their own educational institutions.

Right to Property

Right to Property is now a legal right. (Art 300A) It enjoys protection. Originally it was a fundamental right under article 31 of Constitution.

Right to Constitutional Remedies

The right to move to the courts for securing the fundamental rights is a very valuable right of the people. Citizens can go to the Supreme Court or the high Courts for getting their fundamental rights enforced. It empowers the Courts to issue directions or orders or writs for this purpose. The Habeaus Corpus, It provides a remedy against wrongful detention of a person. By it the court directs the detaining authority to produce the detained person in the court and to explain the cause of his detention. The Mandamus, by it the court can order an inferior authority to d an act, which falls within its jurisdiction. The Prohibition, The court can prohibit an inferior authority from doing an act, which does not falls in its jurisdiction. The Quo Warranto, the court can restrain a person from acting in a public office to which he is not entitled. The Certiorari, by it, the court can order an inferior authority to transfer the matter to it or to some other authority for its proper consideration. It provides legal protection to Fundamental Rights. Right to Constitutional remedies is the very soul of Indian Bill of Rights.

Use of Fundamental Rights

Fundamental Rights are very important for the people. These have to be, however, used in the interest of the unity and security of the state as well as without in any way against public order, public health and morality. The existence of conflicts over caste, the presence of anti-national and anti-social elements, the activities of the terrorists, and the continued need for safeguarding the security, unity and integrity of the nation, all justify the existence of some limitations on fundamental rights.

Right to freedom

The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the following six freedoms:[19]

Freedom of speech and expression, which enable an individual to participate in public activities. The phrase, "freedom of press" has not been used in Article 19, but freedom of expression includes freedom of press. Reasonable restrictions can be imposed in the interest of public order, security of State, decency or morality.

Freedom to assemble peacefully without arms, on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity of India.

Freedom to form associations or unions on which the State can impose reasonable restrictions on this freedom in the interest of public order, morality and the sovereignty and integrity of India.

Freedom to move freely throughout the territory of India though reasonable restrictions can be imposed on this right in the interest of the general public, for example, restrictions may be imposed on movement and travelling, so as to control epidemics.

Freedom to reside and settle in any part of the territory of India which is also subject to reasonable restrictions by the State in the interest of the general public or for the protection of the scheduled tribes because certain safeguards as are envisaged here seem to be justified to protect indigenous and tribal peoples from exploitation and coercion.[20] Article 370 restricts citizens from other Indian states and Kashmiri women who marry men from other states from purchasing land or property in Jammu & Kashmir.[21]

Freedom to practice any profession or to carry on any occupation, trade or business on which the State may impose reasonable restrictions in the interest of the general public. Thus, there is no right to carry on a business which is dangerous or immoral. Also, professional or technical qualifications may be prescribed for practicing any profession or carrying on any trade.

The constitution guarantees the right to life and personal liberty, which in turn cites specific provisions in which these rights are applied and enforced:

Protection with respect to conviction for offences is guaranteed in the right to life and personal liberty. According to Article 20, no one can be awarded punishment which is more than what the law of the land prescribes at that time. This legal axiom is based on the principle that no criminal law can be made retrospective, that is, for an act to become an offence, the essential condition is that it should have been an offence legally at the time of committing it. Moreover, no person accused of any offence shall be compelled to be a witness against himself. "Compulsion" in this article refers to what in law is called "Duress" (injury, beating or unlawful imprisonment to make a person do something that he does not want to do). This article is known as a safeguard against self incrimination. The other principle enshrined in this article is known as the principle of double jeopardy, that is, no person can be convicted twice for the same offence, which has been derived from Anglo Saxon law. This principle was first established in the Magna Carta.[22]

Protection of life and personal liberty is also stated under right to life and personal liberty. Article 21 declares that no citizen can be denied his life and liberty except by law.[23] This means that a person's life and personal liberty can only be disputed if that person has committed a crime. However, the right to life does not include the right to die, and hence, suicide or an attempt thereof, is an offence. (Attempted suicide being interpreted as a crime has seen many debates. The Supreme Court of India gave a landmark ruling in 1994. The court repealed section 309 of the Indian penal code, under which people attempting suicide could face prosecution and prison terms of up to one year.[24] In 1996 however another Supreme Court ruling nullified the earlier one.[25]) "Personal liberty" includes all the freedoms which are not included in Article 19 (that is, the six freedoms). The right to travel abroad is also covered under "personal liberty" in Article 21.[26]

In 2002, through the 86th Amendment Act, Article 21(A) was incorporated. It made the right to primary education part of the right to freedom, stating that the State would provide free and compulsory education to children from six to fourteen years of age.[27] Six years after an amendment was made in the Indian Constitution, the union cabinet cleared the Right to Education Bill in 2008. It is now soon to be tabled in Parliament for approval before it makes a fundamental right of every child to get free and compulsory education.[28]

Rights of a person arrested under ordinary circumstances is laid down in the right to life and personal liberty. No one can be arrested without being told the grounds for his arrest. If arrested, the person has the right to defend himself by a lawyer of his choice. Also an arrested citizen has to be brought before the nearest magistrate within 24 hours. The rights of a person arrested under ordinary circumstances are not available to an enemy alien. They are also not available to persons detained under the Preventive Detention Act. Under preventive detention, the government can imprison a person for a maximum of three months. It means that if the government feels that a person being at liberty can be a threat to the law and order or to the unity and integrity of the nation, it can detain or arrest that person to prevent him from doing this possible harm. After three months such a case is brought before an advisory board for review.[29]

The constitution also imposes restrictions on these rights. The government restricts these freedoms in the interest of the independence, sovereignty and integrity of India. In the interest of morality and public order, the government can also impose restrictions. However, the right to life and personal liberty cannot be suspended. The six freedoms are also automatically suspended or have restrictions imposed on them during a state of emergency.

Right to constitutional remediesRight to constitutional remedies empowers the citizens to move a court of law in case of any denial of the fundamental rights. For instance, in case of imprisonment, the citizen can ask the court to see if it is according to the provisions of the law of the country. If the court finds that it is not, the person will have to be freed. This procedure of asking the courts to preserve or safeguard the citizens' fundamental rights can be done in various ways. The courts can issue various kinds of writs. These writs are habeas corpus, mandamus, prohibition, quo warranto and certiorari. When a national or state emergency is declared, this right is suspended by the central government

Critical analysis

The fundamental rights have been criticised for many reasons. Political groups have demanded that the right to work, the right to economic assistance in case of unemployment, old age, and similar rights be enshrined as constitutional guarantees to address issues of poverty and economic insecurity,[39] though these provisions have been enshrined in the Directive Principles of state policy.[40] The right to freedom and personal liberty has a number of limiting clauses, and thus have been criticized for failing to check the sanctioning of powers often deemed "excessive".[39] There is also the provision of preventive detention and suspension of fundamental rights in times of Emergency. The provisions of acts like the Maintenance of Internal Security Act (MISA) and the National Security Act (NSA) are a means of countering the fundamental rights, because they sanction excessive powers with the aim of fighting internal and cross-border terrorism and political violence, without safeguards for civil rights.[39] The phrases "security of State", "public order" and "morality" are of wide implication. People of alternate sexuality is criminalized in India with prison term up to 10 years. The meaning of phrases like "reasonable restrictions" and "the interest of public order" have not been explicitly stated in the constitution, and this ambiguity leads to unnecessary litigation.[39] The freedom to assemble peacably and without arms is exercised, but in some cases, these meetings are broken up by the police through the use of non-fatal methods.[41][42]

"Freedom of press" has not been included in the right to freedom, which is necessary for formulating public opinion and to make freedom of expression more legitimate.[39] Employment of child labour in hazardous job environments has been reduced, but their employment even in non-hazardous jobs, including their prevalent employment as domestic help violates the spirit and ideals of the constitution. More than 16.5 million children are employed and working in India.[43] India was ranked 88 out of 159 in 2005, according to the degree to which corruption is perceived to exist among public officials and politicians worldwide.[44] The right to equality in matters regarding public employment shall not be conferred to Overseas citizens of India, according to the Citizenship (Amendment) Bill, 2003.[

THE RIGHT TO FREEDOM

The right to freedom is one of the most important fundamental right that have been granted to us by the founders of Indian Constitution. This right allow every citizen of India to be free from the ancient form of slavery. This fundamental right is described in the constitution as:

All citizens shall have the right-

To freedom of speech and expression; To assemble peaceably and without arms;

To form associations or unions;

To move freely throughout the territory of India;

To reside and settle in any part of the territory of India;

to practise any profession, or to carry on any occupation, trade or business.

Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of _16[the sovereignty and integrity of India,] the 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.

Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of _16[the sovereignty and integrity of India or] public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of _16[the sovereignty and integrity of India or] public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

Nothing in _17[sub-clauses (d) and (e)] of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.

Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, _18[nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,- the professional or technical qualifications necessary for practising any profession or

carrying on any occupation, trade or business, or the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.

Article 32. Remedies for enforcement of rights conferred by this Part.-

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme 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.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

undamental Rights are provided to the citizens by the Constitution of India. The Fundamental Rights and Duties are among the vital sections of the Constitution and prescribe the fundamental obligations of the state to its citizens and the duties of the citizens to the state. These are the essential elements of the constitution and they were developed by the Constituent Assembly of India between 1947 and 1949. Part III of the Constitution of India describes the Fundamental Rights offered to the country`s citizens. Fundamental Rights are essential human rights that can are offered to every citizen irrespective of caste, race, creed, place of birth, religion or gender. Fundamental Rights are subjected to specific restrictions and enforceable by courts. These are equal to freedoms and these rights are essential for personal good and the society at large.

Fundamental Rights are preserved as they guarantee civil liberties to all the citizens of the country for a calm and pleasant life. These are individual rights and comprise freedom of speech and expression, freedom to practice religion, equality before law, freedom of association and peaceful assembly and the right to constitutional remedies for the safeguard of civil rights by means of writs such as habeas corpus. The concept of providing the fundamental rights to the citizens has been taken from the England`s Bill of Rights; United States Bill of Rights and also France`s Declaration of the Rights of Man. Anyone who is violating the fundamental rights will face punishments in the court of law.

The Constitution of India guarantees six Fundamental Rights to the citizens. Right to Equality is the foremost right guaranteed to the citizens of India. It is provided in Articles 14, 15, 16, 17 and 18 of the constitution. This right is regarded as the principal foundation of all other rights and liberties. The Right to Equality guarantees Equality before law as per which citizens shall be equally protected by the laws of the country. Article 15 of the constitution states that there will be social equality and equal accessibility to public areas and no person shall be discriminated on the basis of caste, religion and language. Equality in matters of public employment is provided in Article 16 of the constitution of India that defines that all citizens can apply for government. Article 17 puts forth abolition of untouchability. The practice of untouchability is an offense and anyone found doing so is punishable by law. Abolition of titles is another right to equality described by the Article 18 of the constitution. It forbids the state from conferring any titles to the citizens of India.

Among the Fundamental Rights, Right to freedom is included in the articles 19, 20, 21 and 22. Right to freedom includes Freedom of speech and expression, Freedom to assemble peacefully without arms, Freedom to form associations or unions and Freedom to move freely throughout the territory of India. Furthermore, Right to freedom also states that citizens have the Freedom to reside and settle in any part of the territory of India and also have the Freedom to practice any profession or to carry on any occupation, trade or business. However, subject to reasonable restrictions by the State in the interest of the general public. Certain safeguards are envisaged to protect the citizens from exploitation and coercion.

Fundamental rights are the freedoms that are given to the country`s citizens. They help in protecting as well as preventing gross violations of human rights. They give emphasis to fundamental unity of the country by guaranteeing the access and use of the same facilities, irrespective of caste, colour, creed and religion to all citizens. The fundamental rights were provided primarily to protect individuals from any arbitrary state actions, but some rights are enforceable against individuals. Only through a constitutional amendment, the Fundamental Rights can be altered. In addition to that during national and state emergency, the Fundamental Rights remain suspended.