FUNDAMENTAL RIGHTS

In the Indian Constitution, Fundamental Rights are a set of rights that are guaranteedto all individuals within the territory of India. These rights are essential for the overall development of the individual and the functioning of democracy. They are enshrined in Part III (Articles 12-35) of the Constitution and act as a shield against any arbitrary actions by the government or any other authority.

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Key Features of Fundamental Rights:

1. Inalienable: Fundamental rights cannot be taken away or altered arbitrarily by the government, and they apply to all individuals, citizens or non-citizens, except in some specific cases.
2. Justiciable: Fundamental rights are legally enforceable. If a citizen's fundamental rights are violated, they can approach the Supreme Court or the High Court for enforcement.
3. Non-derogable: These rights cannot be suspended except during an emergency under specific conditions (Article 359).
4. Negative Rights: They primarily limit the actions of the state, requiring it to avoid infringing on individual freedoms.

The Six Categories of Fundamental Rights in India:

Right to Equality (Articles 14-18): These articles ensure that all individuals are treated equally before the law, prohibiting discrimination on grounds such as religion, race, caste, sex, or place of birth.

• Article 14: Equality before the law – No person shall be discriminated against by the state.
• Article 15: Prohibition of discrimination – No discrimination on grounds of religion, race, caste, sex, or place of birth.
• Article 16: Equality of opportunity in public employment – Ensures that public offices are open to all, and appointments are made without discrimination.
• Article 17: Abolition of untouchability – Untouchability is abolished, and its practice in any form is prohibited.
• Article 18: Abolition of titles – No title, except for military or academic distinctions, can be conferred upon a citizen by the state.

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Right to Freedom (Articles 19-22): These rights grant freedom of various kinds to individuals, with reasonable restrictions in certain situations for the public interest.

• Article 19: Protection of certain rights regarding freedom of speech, etc. It guarantees the right to:
• Freedom of speech and expression.
• Freedom to assemble peacefully without arms.
• Freedom to form associations or unions.
• Freedom to move freely throughout India.
• Freedom to reside and settle in any part of India.
• Freedom to practice any profession or occupation.
• Article 20: Protection in respect of conviction for offences (protection against retroactive laws, double jeopardy, and self-incrimination).
• Article 21: Protection of life and personal liberty – No person shall be deprived of life or personal liberty except according to the procedure established by law.
• Article 22: Protection against arrest and detention – No person shall be arrested without being informed of the reasons, and they must be brought before a magistrate within 24 hours.

Right against Exploitation (Articles 23-24): These rights protect individuals from exploitation and inhumane treatment.

• Article 23: Prohibition of trafficking in human beings and forced labor – No person shall be forced into labor or be sold.
• Article 24: Prohibition of child labor – No child below the age of 14 years shall be employed in factories or hazardous employment.

Right to Freedom of Religion (Articles 25-28): These articles guarantee freedom of conscience, the right to practice, propagate, and profess any religion, and also provide for the protection of religious institutions.

• Article 25: Freedom of conscience and free profession, practice, and propagation of religion.
• Article 26: Freedom to manage religious affairs – Religious denominations can establish and maintain their institutions.
• Article 27: Freedom from payment of taxes for promotion of any particular religion.
• Article 28: Freedom from religious instruction in educational institutions funded by the state.

Cultural and Educational Rights (Articles 29-30): These rights protect the interests of minorities and enable them to preserve their culture and heritage.

• Article 29: Protection of interests of minorities – Any section of the citizens with a distinct language, script, or culture has the right to conserve it.
• Article 30: Right of minorities to establish and administer educational institutions – Minorities have the right to establish and run their own educational institutions.

Right to Constitutional Remedies (Article 32): This is considered the heart and soul of the Indian Constitution. It gives individuals the right to approach the Supreme Court for the enforcement of their fundamental rights.

• Article 32: Right to move the Supreme Court for the enforcement of fundamental rights – The Supreme Court can issue writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari to enforce rights.
• Article 226: Provides similar powers to the High Courts to issue writs for the protection of fundamental rights.

Exceptions to Fundamental Rights:

• During National Emergency (Article 352):
• Under a national emergency, certain fundamental rights, primarily the right to freedom (Article 19) and the right to move the courts for the enforcement of rights (Article 32), can be suspended.
• For Armed Forces:
• Certain protections and restrictions on fundamental rights apply to members of the armed forces under laws related to military discipline.
• Reasonable Restrictions:
• Fundamental rights, especially under Articles 19 (freedom of speech and expression, etc.), are subject to "reasonable restrictions" imposed by the state for various purposes such as public order, morality, security, or the sovereignty of India.

Judicial Interpretation of Fundamental Rights:

The judiciary has played a pivotal role in interpreting and expanding the scope of fundamental rights. For instance:

• The Right to Privacy was recognized as a fundamental right by the Supreme Court in the Puttaswamy case (2017).
• The Right to Education (Article 21A) was incorporated through the 86th Constitutional Amendment (2002), which made education a fundamental right for children between the ages of 6 and 14.

Conclusion:

Fundamental rights are a cornerstone of the Indian Constitution and serve as the foundation for a just, democratic society. These rights ensure that the citizens of India enjoy basic liberties and protections, while also placing limitations on the power of the state to prevent oppression and discrimination. These rights are essential for safeguarding human dignity, equality, and justice in India.