Introduction to Fundamental Rights under the Indian Constitution
Fundamental rights serve as the bedrock of constitutional democracy in India. These rights are enshrined in Part III of the Constitution, spanning Articles 12 to 35, and guarantee essential freedoms to individuals. The framers of the Constitution understood that for a democratic republic to thrive, citizens must possess enforceable rights that protect them against arbitrary state action, promote equality, and uphold human dignity. These rights are not just legal entitlements; they are foundational to the relationship between the individual and the State in a free society.
This article provides a structured analysis of the origin, scope, and enforcement of fundamental rights under the Indian Constitution. It also discusses key judicial interpretations that have shaped constitutional law in India.
Also Read : Article 13 of the Indian Constitution
Origin and Philosophy of Fundamental Rights
The idea of fundamental rights in India is rooted in the philosophical roots of natural rights and human dignity. Historically, documents like the Magna Carta and the United States Constitution influenced the inclusion of rights in the Indian constitutional framework. The framers, led by Dr. B. R. Ambedkar, believed that citizens should be safeguarded against arbitrary actions by the State. This belief is reflected in the Preamble, which embodies justice, liberty, equality, and fraternity as core values.
Fundamental rights in India are enforceable in a court of law, meaning that if any right is violated, an individual can approach the judiciary for enforcement. Without this enforceability, fundamental rights would lack practical significance.
Classification of Fundamental Rights
The Indian Constitution categorizes fundamental rights into six broad groups:
- 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 (Articles 32-35)
Each class of rights plays a unique role in protecting individual liberties and promoting social justice.
Salient Features of Fundamental Rights
Fundamental rights in the Indian Constitution possess several important features:
- These rights are justiciable, meaning they can be enforced through the courts.
- Fundamental rights are not absolute; the Constitution allows reasonable restrictions.
- They apply to all citizens or, in some cases, all persons, including non-citizens.
- Fundamental rights can be suspended during an emergency, except for certain provisions.
- The judiciary has the power of judicial review to strike down laws that violate fundamental rights.
Article 12: Definition of ‘State’
Article 12 defines the term ‘State’, which is crucial to understanding the enforcement of fundamental rights. It includes:
- The Government and Parliament of India
- Government and Legislature of each state
- All local or other authorities within the territory of India
- All authorities under the control of the Government of India
This expansive definition ensures that fundamental rights can be enforced against a wide range of entities exercising public power.
Supreme Court decisions have further clarified what bodies qualify as an “instrumentality of the State,” allowing fundamental rights to be claimed against government agencies that may not be strictly part of the government structure.
Article 13: Laws in Derogation of Fundamental Rights
Article 13 is a cornerstone of the enforcement framework. It declares that all laws in force before the commencement of the Constitution that are inconsistent with fundamental rights shall be void to the extent of the inconsistency. Article 13 also prohibits the State from making any law that takes away or abridges fundamental rights, and such laws are void.
This Article establishes the principle of constitutional supremacy, ensuring that no law can override fundamental rights.
Judicial Review
Under Article 13, the Supreme Court and High Courts have the power of judicial review, enabling them to examine whether a law violates fundamental rights. If it does, the law is declared void by the courts.
Doctrines under Article 13
The courts have developed several interpretative doctrines under Article 13. Although not required for this fundamental rights article alone, understanding related principles helps in grasping how courts handle conflicting laws:
- Doctrine of Severability: Courts may strike down only the inconsistent portion of a statute while retaining the rest.
- Doctrine of Eclipse: A pre-Constitution law inconsistent with fundamental rights is eclipsed and unenforceable until the inconsistency is removed.
- Doctrine of Waiver: A person may waive a fundamental right, and court may then examine if such waiver affects fundamental rights enforcement.
- Doctrine of Lifting the Veil: Courts look beyond form to substance to determine if a law violates fundamental rights.
Also Read : Doctrine of Eclipse: Meaning, Scope, and Constitutional Significance in Indian Law
Right to Equality (Articles 14-18)
The right to equality forbids discrimination and ensures equal protection of the laws. Key provisions include:
- Article 14: Guarantees equality before law and equal protection of laws. This Article is the foundation of legal equality and forbids unreasonable classification.
- Article 15: Prohibits discrimination on grounds such as religion, race, caste, sex or place of birth.
- Article 16: Ensures equality of opportunity in public employment.
- Article 17: Abolishes “untouchability.”
- Article 18: Abolishes titles except military and academic distinctions.
Right to Freedom (Articles 19-22)
The Right to Freedom consists of a set of liberties available to every citizen:
- Article 19 guarantees six freedoms, including speech and expression, assembly, association, movement, residence, and profession, subject to reasonable restrictions.
- Article 20 protects citizens against conviction under ex post facto laws, double jeopardy, and self-incrimination.
- Article 21 is one of the most litigated provisions, protecting life and personal liberty and expanding through judicial interpretation to include privacy, dignity, and livelihood.
- Article 21A ensures the right to education for children.
- Article 22 provides protections against arrest and detention without procedural safeguards.
Right Against Exploitation (Articles 23-24)
India’s Constitution prohibits human exploitation:
- Article 23 bans trafficking, forced labour, and other forms of exploitation.
- Article 24 prohibits employment of children in factories or hazardous conditions.
These provisions help protect vulnerable sections of society and align with international human rights norms.
Right to Freedom of Religion (Articles 25-28)
These Articles ensure religious freedom and secularism:
- Article 25 guarantees freedom of conscience and free profession, practice, and propagation of religion.
- Article 26 allows religious denominations to manage their own affairs.
- Article 27 prohibits religious instruction in state-funded institutions.
- Article 28 provides freedom from attending religious instruction in certain education institutions.
Cultural and Educational Rights (Articles 29-30)
These rights protect the interests of minorities:
- Article 29 safeguards cultural and educational rights for any section of citizens.
- Article 30 grants minorities the right to establish and manage educational institutions.
Right to Constitutional Remedies (Articles 32-35)
Article 32 provides the right to move the Supreme Court for enforcement of fundamental rights. Dr. Ambedkar described this as the “heart and soul” of the Constitution. High Courts also have similar enforcement powers.
The scope of remedies under Article 32 has expanded through case law, making habeas corpus, mandamus, prohibition, quo warranto and certiorari available to citizens seeking enforcement of rights.
Landmark Case Laws on Fundamental Rights
Judicial interpretation has shaped the evolving landscape of fundamental rights in India. Some important cases include:
- A. K. Gopalan v. State of Madras (1950): Early interpretation of personal liberty and procedure established by law.
- Shankari Prasad v. Union of India (1952): Held that constitutional amendments were not “law” under Article 13.
- Golak Nath v. State of Punjab (1967): Fundamental rights could not be abridged by constitutional amendment.
- Kesavananda Bharati v. State of Kerala (1973): Introduced the basic structure doctrine.
- Maneka Gandhi v. Union of India (1978): Expanded the scope of Article 21.
- Minerva Mills v. Union of India (1980): Reaffirmed the basic structure doctrine and the primacy of fundamental rights.
These cases illustrate how constitutional interpretation ensures that fundamental rights remain living and dynamic.
Conclusion
Fundamental rights under the Indian Constitution are designed to ensure individual liberty, equality, and justice. They are enforceable, justiciable, and central to the democratic framework. The judiciary has played a pivotal role in interpreting and expanding these rights to address contemporary challenges. Understanding these rights and the associated case law is essential for law students, practitioners, and anyone interested in the constitutional rights framework in India.
