The Constitutional Rights: Fundamental Rights of India

Author: Kiran Choudhary
Student, Lord’s Universal College of Law

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3 Quick Takeaways

Fundamental Rights, enshrined in Part III of the Indian Constitution across Articles 12 to 35, are the foundational guarantees of individual liberty and dignity, enforceable by courts and forming the bedrock of India’s democratic system.
The six categories of Fundamental Rights, ranging from the Right to Equality to the Right to Constitutional Remedies, collectively protect citizens against arbitrary state action while balancing individual freedoms with societal needs.
Landmark decisions such as Maneka Gandhi v. Union of India (1978), E.P. Royappa v. State of Tamil Nadu (1974), and Shayara Bano v. Union of India (2017) have progressively expanded the interpretation and reach of these rights.

Abstract

Fundamental Rights are essential for the moral and material development of individuals. It is through Fundamental Rights that people are able to develop their best selves and realise their potential. These rights are guaranteed by the Constitution of India, are justiciable, and can be enforced by courts. The Constitution provides for judicial protection and safeguarding of these rights in case of any infringement. The concept of Fundamental Rights, being indispensable to the full and complete development of the human personality, has been examined at length in relation to Part III of the Constitution. Dr. B.R. Ambedkar referred to Article 32 as the “spirit of the constitution and exceptionally the heart of it.” The Supreme Court has included it in the basic structure doctrine. The right to petition the Supreme Court cannot be suspended except as otherwise provided by the Constitution, which means that under Article 359, this right is suspended during a national emergency. Article 32 designates the Supreme Court as the protector and guarantor of Fundamental Rights, and the apex court retains original jurisdiction over the power to issue writs. This means that an individual may approach the Supreme Court directly for a remedy rather than through an appeal. Article 32 can only be invoked to seek redress for the Fundamental Rights enshrined in Articles 12 to 35. It does not extend to any other legal right for which separate laws are available. The Right to Constitutional Remedy is the most important right in the Indian Constitution and is the sixth and last Fundamental Right.

Keywords: Fundamental Rights, Constitutional Remedies, Right to Equality, Right to Freedom, Right against Exploitation, Writs.

Introduction

The Constitution of India enshrines Fundamental Rights for its citizens in Part III of the Constitution. These rights, referred to as the “Magna Carta of India,” are categorised into six groups:

Right to Equality (Articles 14 to 18)
Right to Freedom (Articles 19 to 22)
Right against Exploitation (Articles 23 to 24)
Right to Freedom of Religion (Articles 25 to 28)
Cultural and Educational Rights (Articles 29 to 30)
Right to Constitutional Remedies (Article 32)

These rights are inspired by the Bill of Rights of the American Constitution. They are legally enforceable rights that safeguard individual liberties and provide freedoms against the state’s authoritarian rule, serving as the foundation for India’s democratic system. The Indian judiciary protects these Fundamental Rights, and if a violation occurs, legal recourse is available. Fundamental Rights are also referred to as “Constitutional Rights.”

Fundamental Rights are the basic minimal rights of human beings. In today’s world, these rights serve as instruments against injustice, and every criminal activity constitutes a violation of one or more of them.

What Are Fundamental Rights?

Fundamental Rights are the basic human rights enshrined in the Constitution of India and guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, or gender. Significantly, Fundamental Rights are enforceable by courts, subject to certain conditions.

Why Are They Called Fundamental Rights?

These rights are called Fundamental Rights for two reasons. First, they are enshrined in the Constitution, which guarantees them. Second, they are justiciable, meaning that in case of a violation, a person can approach a court of law for enforcement.

Why Is the Right to Property Not a Fundamental Right?

There was originally one more Fundamental Right in the Indian Constitution, namely the right to property. However, this right was removed from the list of Fundamental Rights by the 44th Constitutional Amendment because it proved to be an obstacle to achieving the goal of socialism and equitably redistributing wealth among the people.

The right to property is now a legal right and not a Fundamental Right. In Jilubhai Nanbhai Khachar v. State of Gujarat, AIR 1995 SC 142, the Supreme Court held that the right to property under Article 300A is not a basic feature or structure of the Constitution. Courts have further confirmed that while it is not a Fundamental Right, the state cannot seize property arbitrarily without legal process. In State of Haryana v. Mukesh Kumar, (2011) 10 SCC 404, the Supreme Court held that the right to property is now considered to be not only a constitutional or statutory right, but also a human right.

Features of Fundamental Rights

Some of these rights are available only to citizens, while others are available to all persons, whether citizens or foreigners. These rights are not absolute but qualified, meaning the state can impose reasonable restrictions on them in order to balance individual liberties with societal needs. These rights are not considered permanent and can be amended by Parliament through the constitutional amendment process, provided such amendments do not violate the basic structure of the Constitution. During a state of national emergency, certain rights can be suspended by the President, except those guaranteed under Articles 20 and 21. Parliament can also restrict or abrogate the application of these rights in relation to members of the armed forces, para-military forces, police forces, intelligence agencies, and analogous services under Article 33. Most rights are directly enforceable, while others can be enforced based on a specifically enacted law. Only Parliament can enact laws regarding these rights to ensure uniformity across the nation, as provided under Article 35.

The Six Fundamental Rights

Right to Equality (Articles 14 to 18)

The Right to Equality is one of the Fundamental Rights enshrined in the Constitution of India. Before understanding this right, it is useful to identify the types of equality it encompasses, as equality is also mentioned in the Preamble. The types of equality include natural, social, civil, political, economic, and legal equality.

The Right to Equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everyone equally in matters of public employment, and abolishes untouchability and titles.

Equality before the law (Article 14)

Article 14 of the Indian Constitution treats all people the same in the eyes of the law. It has two components: the first commands the State not to deny to any person “equality before the law,” and the second commands the State not to deny “equal protection of the laws.” This provision ensures that all citizens will be treated equally before the law and prevents any kind of discrimination. The law of the country protects everybody equally.

In State of U.P. v. Deoman Upadhyaya, AIR 1960 SC 1125, the dissent of Justice Subba Rao stated that Article 14 comprises both “positive content” as well as “negative content.” Equality before the law is a negative content, while equal protection of the laws exhibits a positive content of Article 14.

The Doctrine of Anti-Arbitrariness holds that the scope of Article 14 was significantly expanded by the Supreme Court to include executive discretion within its ambit. In E.P. Royappa v. State of Tamil Nadu, AIR 1974 SC 555, the Court held that Article 14 guarantees protection against arbitrary actions of the State, and that the Right to Equality and arbitrariness are fundamentally incompatible.

Prohibition of discrimination (Article 15)

This article prohibits discrimination in any manner. It secures citizens from every sort of discrimination by the State on the grounds of religion, race, caste, sex, or place of birth. No citizen shall, on these grounds, be subject to any liability, disability, restriction, or condition with respect to access to public places. The article also provides that special provisions can be made for women, children, and the backward classes.

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

Article 16 provides equal employment opportunities in state service for all citizens. No citizen shall be discriminated against in matters of public employment or appointment on the grounds of race, religion, caste, sex, place of birth, descent, or residence. Exceptions can be made for special provisions in favour of the backward classes.

Abolition of untouchability (Article 17)

Article 17 prohibits the practice of untouchability in all its forms.

Abolition of titles (Article 18)

Article 18 abolishes titles. The State shall not confer any titles except academic or military titles. The article also prohibits citizens of India from accepting any titles from a foreign State. Titles awarded by the British Empire, such as Rai Bahadur and Khan Bahadur, stand abolished. Awards such as Padma Shri, Padma Bhushan, Padma Vibhushan, and Bharat Ratna, as well as military honours like Ashok Chakra and Param Vir Chakra, do not fall within this prohibition.

Right to Freedom (Articles 19 to 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom rights include freedom of speech, expression, assembly without arms, association, practising any profession, and residing in any part of the country. The Right to Freedom guarantees freedom for citizens to live a life of dignity, among other things.

Article 19: Protection of six rights concerning freedom

Article 19 protects the freedoms of speech and expression, peaceful assembly, association, movement, residence, and profession.

Article 20: Protection with respect to conviction for offences

Article 20 deals with the protection of citizens in respect of conviction for offences. It provides three types of protection. First, retrospective criminal legislation, also known as ex-post-facto criminal legislation, prevents a person from being convicted for an act that was not declared an offence by law at the time it was committed. Second, the doctrine of double jeopardy ensures that a person cannot be convicted for the same offence more than once. Third, the prohibition against self-incrimination ensures that no person accused of an offence shall be compelled by the State to witness against themselves.

Article 21: Right to life and personal liberty

Article 21 states that no person shall be deprived of their life and personal liberty by the State except as per the procedure established by law. This article has a wide scope and its interpretation has undergone significant development over the decades.

The Supreme Court has interpreted the right to life as the right to a dignified life. It is the most important right in the Constitution because, without it, all other Fundamental Rights would be meaningless. The Court has identified numerous rights falling within the ambit of Article 21, including the right to privacy, the right to go abroad, the right to shelter, the right against solitary confinement, the right to social justice and economic empowerment, the right against handcuffing, the right against custodial death, the right against delayed execution, the right to medical assistance, the right against public hanging, protection of cultural heritage, the right to pollution-free water and air, the right of every child to full development, the right to health and medical aid, the right to education, and the protection of undertrials.

In Maneka Gandhi v. Union of India, AIR 1978 SC 597, the seven-judge bench held that a trinity exists between Articles 14, 19, and 21, and that all three articles must be read together. Any law interfering with the personal liberty of a person must satisfy a triple test: it must prescribe a procedure; the procedure must withstand the test of one or more of the Fundamental Rights conferred under Article 19 which may be applicable in a given situation; and it must also be capable of being tested with reference to Article 14.

Article 21A: Right to elementary education

This article was introduced by the 86th Constitutional Amendment in 2002. It provides that the State shall provide free and compulsory education to all children between the ages of 6 and 14.

Article 22: Protection against arrest and detention in certain cases

Article 22 deals with protection against arrest and detention in certain cases. It is applicable to both citizens and non-citizens and extends procedural safeguards for individuals in case of arrest. The idea underlying this right is to prevent unfair arrests and detention. The article provides the following safeguards: under Article 22(1), any person who is in custody must be informed of the reason for their arrest and cannot be denied the right to consult an advocate; under Article 22(2), the arrested individual must be produced before a judicial magistrate within 24 hours of arrest; and under Article 22(3), no individual can be kept in custody for more than the period determined by the judicial magistrate. These safeguards do not apply to enemy aliens or to persons arrested under preventive detention laws.

Right against Exploitation (Articles 23 to 24)

The Right against Exploitation is enshrined in Articles 23 and 24 of the Indian Constitution. These Fundamental Rights guarantee every citizen protection from any kind of forced labour.

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

Article 23(1) prohibits traffic in human beings, begar, and other similar forms of forced labour. Any contravention of this provision is an offence punishable in accordance with law. Article 23(2) permits the State to impose compulsory service for public purposes, provided such service is not discriminatory on grounds of religion, race, caste, or class.

In Deena v. Union of India, AIR 1983 SC 1155, the Supreme Court held that labour taken from prisoners without paying remuneration constitutes forced labour and is violative of Article 23 of the Constitution of India.

Article 24: Prohibition of employment of children in factories

Article 24 provides that no child below the age of fourteen years shall be employed to work in any factory, mine, or other hazardous employment. Employment of children in non-hazardous work is, however, permitted. In M.C. Mehta v. State of Tamil Nadu, AIR 1997 SC 699, the Supreme Court held that children below the age of fourteen years cannot be employed in any hazardous industry, mines, or other works, and issued extensive directions for the welfare and rehabilitation of child workers.

Right to Freedom of Religion (Articles 25 to 28)

The Constitution of India guarantees the right to freedom of religion to individuals as well as religious groups. This is provided under Articles 25 to 28.

Article 25: Freedom of conscience and free profession, practice, and propagation of religion

The freedoms under Article 25 are subject to public order, health, and morality. The State retains the power to regulate and restrict any financial, economic, political, or secular activity associated with any religious practice.

Article 26: Freedom to manage religious affairs

Every religious group has the right to form and maintain institutions for religious and charitable purposes, manage its own religious affairs, acquire immovable and movable property, and administer such property according to law. These rights are subject to morality, health, and public order.

Article 27: Freedom from payment of taxes for promotion of any particular religion

According to Article 27, no taxes can be levied the proceeds of which are directly used for the promotion or maintenance of any particular religion or religious denomination.

Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

This article permits educational institutions maintained by religious groups to provide religious instruction. No religious instruction shall be provided in State-run educational institutions. Any person attending an educational institution recognised by the State or receiving State aid shall not be required to participate in any religious instruction or worship in such institutions unless they, or in the case of minors their guardians, have given consent for the same.

In Rev. Stanislaus v. State of Madhya Pradesh, AIR 1977 SC 908, the Supreme Court held that the right to “propagate” one’s religion does not include the right to convert others, as it would violate the freedom of conscience of the person being converted.

In Shayara Bano v. Union of India, (2017) 9 SCC 1, by a majority of 3:2, the practice of Talaq-e-biddat (Triple Talaq) was set aside as unconstitutional. The judgment was widely recognised as a significant step toward gender justice and equality before the law for citizens of all religions.

Cultural and Educational Rights (Articles 29 to 30)

These rights protect the rights of religious, cultural, and linguistic minorities by facilitating the preservation of their heritage and culture. Educational rights ensure access to education for all without discrimination.

Article 29: Protection of Interests of Minorities

Article 29 is intended to protect the interests of minority groups. Article 29(1) gives any section of citizens residing in India having a distinct culture, language, or script the right to conserve that culture, language, and script. Article 29(2) provides that the State shall not deny admission into educational institutions maintained by it or receiving aid from it to any person based solely on race, religion, caste, or language.

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

Article 30 is also called the “Charter of Education Rights.” Article 30(1) provides that all religious and linguistic minorities have the right to establish and administer educational institutions of their choice. Article 30(2) provides that the State shall not, when granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

In The Ahmedabad St. Xavier’s College Society v. State of Gujarat, AIR 1974 SC 1389, the nine-judge bench established that the State cannot diminish the percentage of seats reserved for minority students in institutions managed by minorities.

In St. Stephen’s College v. University of Delhi, AIR 1992 SC 1630, the Supreme Court dealt with the question of whether minority educational institutions can reserve seats for students belonging to their own community. The Court ruled that minority institutions have the right to admit students from their own community, provided the admission process is fair and transparent.

Right to Constitutional Remedies (Article 32)

The Constitution guarantees remedies when citizens’ Fundamental Rights are violated. The government cannot infringe upon these rights, and when they are violated, the aggrieved party can approach the courts. Citizens can approach the Supreme Court directly, which can issue writs for enforcing Fundamental Rights.

What Is a Writ?

Writs are written orders issued by the Supreme Court or High Courts to provide constitutional remedies and protect the Fundamental Rights of citizens from violation. A writ petition is a court petition seeking review and intervention in matters involving fundamental rights.

Types of Writs

The Constitution empowers the Supreme Court and High Courts to issue orders or writs. The five writs are Habeas Corpus, Certiorari, Prohibition, Mandamus, and Quo Warranto.

In Bandhua Mukti Morcha v. Union of India, AIR 1984 SC 802, the Supreme Court held that Article 32 is not just a remedy but a Fundamental Right in itself, and that the Court can take proactive steps through public interest litigation to enforce rights.

Conclusion

Fundamental Rights are a cornerstone of the Constitution that cannot be altered easily. Their primary aim is to enable people to live a good and dignified life as they deserve. They are the basic human rights of every citizen and serve as armour against oppression and injustice. Through Articles 12 to 35, the government has undertaken to protect individuals from violations of their basic human rights, making these provisions not merely legal provisions but the living promise of the Republic to its people.

References

Disclaimer: The views expressed in this article are those of the author and do not necessarily reflect the views of The Lawscape.

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