Basic Concept Of Fundamental Rights

 

Basic Concept Of Fundamental Rights

• • The Fundamental Rights are enshrined in Part III of the Constitution (Articles 12-35).
  • Part III of the Constitution is described as the Magna Carta of India.
    
    • ‘Magna Carta’, the Charter of Rights issued by King John of England in 1215 was the first written document relating to the Fundamental Rights of citizens.
  • The Fundamental Rights: The Constitution of India provides for six Fundamental Rights:
    
    • Right to equality (Articles 14–18)
    • Right to freedom (Articles 19–22)
    • Right against exploitation (Articles 23–24)
    • Right to freedom of religion (Articles 25–28)
    • Cultural and educational rights (Articles 29–30)
    • Right to constitutional remedies (Article 32)
  • Originally the constitution also included Right to property (Article 31). it was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978.
    
    • It is made a legal right under Article 300-A in Part XII of the Constitution.
• Provision for Laws Violating Fundamental Rights: Article 13 of the Indian constitution declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
  
  • This power has been conferred on the Supreme Court (Article 32) and the high courts (Article 226).
  • Further, the article declares that a constitutional amendment cannot be challenged (as it is not a law).
    
    • However, the Supreme Court in the Kesavananda Bharati case (1973) held that a Constitutional amendment can be challenged if it violates a fundamental right.
• Writ Jurisdiction: A writ is a legal order given by a court of law.
  
  • The Supreme Court (Article 32) and the High courts (Article 226) can issue the writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.

Features of the Fundamental Rights:

• Protected by Constitution: Fundamental Rights, unlike ordinary legal rights, are protected and guaranteed by the constitution of the country.
  
  • Some of the rights are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
• Not Sacrosanct, Permanent, or Absolute: They are not sacrosanct or permanent and the Parliament can curtail or repeal them but only by a constitutional amendment act.
  
  • The rights are not absolute but qualified.
    
    • The state can impose reasonable restrictions on them, however, the reasonability of the restrictions is decided by the courts.
• Rights are Justiciable: The rights are justiciable and allow persons to move the courts for their enforcement, if and when they are violated.
  
  • Any aggrieved person can directly go to the Supreme Court in case of violation of any fundamental right.
• Suspension of Rights: The rights can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21.
  
  • Further, the six rights guaranteed by Article 19 can be suspended only when there is an external emergency war or external aggression) [and not on the ground of armed rebellion (i.e., internal emergency].
• Restriction of Laws: Their application to the members of armed forces, paramilitary forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).
  
  • Their application can be restricted while martial law (military rule imposed under abnormal circumstances) is in force in any area.

Fundamental Rights (available to citizens as well foreigners) (except enemy aliens)	Fundamental Rights available to citizens only
Equality before law.	Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Protection in respect of conviction for offences.	Equality of opportunity in matters of public employment.
Protection of personal life and liberty.	Protection of the six fundamental rights of freedom mentioned in article 19.
Right to elementary education.	Protection of language, script and culture of minorities.
Protection against arrest and detention in certain cases.	Right of minorities to establish and administer educational institutions
Prohibition of human trafficking and forced labour.
Prohibition of employment of children in factories.
Freedom of conscience and free profession, practice and propagation of religion.
Freedom to manage religious affairs.
Freedom from payment of taxes for promotion of any religion.
Freedom from attending religious instruction or worship in certain educational institutions.

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