Rights Fundamental: What are fundamental rights, their characteristics, significance, and criticism?

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A set of fundamental liberties and entitlements that are guaranteed to each citizen by a nation’s constitution are referred to as fundamental rights. Individual freedom is built on these rights, which shield citizens from arbitrary state actions and a friend of the family episodes guarantee fundamental human rights and liberties. They are necessary for maintaining a nation’s democracy, justice, and equality. They prevent the country from coming under an oppressive and authoritarian regime. In a nutshell, their objective is to set up “a government of laws and not of men.”

The Crucial Privileges are named so in light of the fact that they are ensured and safeguarded by the Constitution, which is the principal tradition that must be adhered to. Because they are necessary for individuals’ overall development, dignity, and well-being, these rights are regarded as fundamental. They have been referred to as the Magna Carta of India due to their numerous significance.

 

Six Fundamental Rights Established by the Indian Constitution Articles 12 to 35 of Part III establish six Fundamental Rights. These privileges are referenced underneath:

Right to Equality (Articles 14–18), Right to Freedom (Articles 19–22), Right against Exploitation (Articles 23–24), Right to Freedom of Religion find a solicitor law society (Articles 25–28), Right to Constitutional Remedies (Articles 29–30), and Cultural and Educational Rights (Articles 29–30). The Constitution originally outlined seven Fundamental Rights, which included the six rights mentioned above and the Right to Property. The Right to Property, on the other hand, was taken off the list of Fundamental Rights by the 1978 44th Amendment Act. Instead, Article 300-A in Part XII of the Constitution made it a legal right. Therefore, there are only six Fundamental Rights at the moment.

Important Features of Fundamental Rights The Indian Constitution’s fundamental rights include the following:

Some of these rights are only available to citizens, while others are open to everyone—citizens, non-citizens, and legal entities like corporations, etc.

The state is able to impose reasonable restrictions on these rights because they are not absolute but conditional. Individual liberties are balanced with societal requirements by this.

Against the state’s arbitrary actions, these rights are available. However, there are a few of them that can also be used against private actions.

While some of these rights have a negative connotation because they restrict the authority of the state, others have a positive connotation because they grant specific privileges to individuals.

The courts are able to enforce these rights, providing citizens with legal recourse in the event that they are violated. People will be able to access justice and hold the government accountable for its actions as a result of this.

The Supreme Court safeguards and upholds these rights. As a result, the person who has been wronged can go straight to the Supreme Court without having to appeal the decision of the high courts.

These privileges are not viewed as holy or extremely durable. They can be changed by Parliament through a constitutional amendment process as long as the changes don’t break the Constitution’s basic structure.

During a condition of public crisis, certain freedoms can be suspended by the President, with the exception of those reliable under Articles 20 and 21.

 

Members of the armed forces, paramilitary forces, police forces, intelligence agencies, and similar services are subject to restrictions or abolition of these rights by Parliament (Article 33).

The exercise of these rights may be restricted in any area under martial law (Article 34).

The vast majority of them are straightforwardly enforceable, while others can be upheld in view of a regulation explicitly made to give impact to them. To ensure uniformity across the nation, these rights can only be regulated by Parliament (Article 35).

A Comprehensive Overview of the Indian Constitution’s Fundamental Rights Articles 12–35 in Part III of the document contain information about the fundamental rights. The following is a definite outline of these arrangements:

Article 12 provides a definition of the term “State” for Part III. As a result, the following are included in the State:

All local authorities, including municipalities, panchayats, district boards, improvement trusts, etc., the Government and Parliament of India, which are the executive and legislative organs of the Union government, and the Government and Legislature of States, which are the executive and legislative organs of the State government.

Every other authority, whether statutory or non-statutory, including LIC, ONGC, SAIL, and others.

All of these agencies’ actions can be challenged in court as violations of the Indian Constitution’s fundamental rights.

Regulations Conflicting with or in Discrediting of the Basic Freedoms (Article 13)

Article 13 gives that all regulations that are conflicting with or in discrediting of any of the basic freedoms will be void.

The doctrine of judicial review is explicitly outlined in this Article 13 provision.

Article 32 grants the Supreme Court and Article 226 grants the High Courts the authority to conduct judicial review.

Article 13 defines “law” as any of the following that can be declared null and void for violating a fundamental right: permanent laws enacted by Parliament or State Legislatures; temporary laws like President or State Governors’ ordinances; and statutory instruments like any delegated legislation, ordinance, order, bye-law, rule, regulation, or notification.

Custom or usage that has legal force are examples of non-legislative sources of law.

According to Article 13, a constitutional amendment is not a law and cannot be challenged for violating any Fundamental Rights. Nonetheless, the High Court in Kesavananda Bharati case 1973 held that an Established Change can be tested on the ground that it disregards a basic right.

Right to Equality (Articles 14 to 18) These sections of the Indian Constitution guarantee that all citizens will be treated fairly and will have equal access to the law. Equality before the Law and Equal Protection of Laws (Article 14) are two aspects of this right. This provision stipulates that no person within the territory of India shall be denied equality before the Law or equal protection of the Law. It guarantees equal treatment under similar circumstances and prohibits the state’s arbitrary discrimination.

Discrimination on Certain Grounds (Article 15) This provision prohibits discrimination based solely on religion, race, caste, sex, or birthplace. It guarantees that no resident will be exposed to any incapacity, responsibility, or limitation just on these grounds.

Equality of Opportunity in Public Employment (Article 16) This provision ensures that public employees and appointments are treated equally. It disallows segregation in these issues just on grounds of religion, race, standing, sex, drop, spot of birth, or home.

Abolition of Untouchability (Article 17) This section declares untouchability null and void and outlaws any form of its practice. It ensures that untouchability will be eradicated from Indian society and acknowledges it as a social ill.

Abolition of Titles (Article 18) This provision prohibits the state from bestowing titles on individuals, with the exception of academic and military distinctions. It also makes some rules about how to accept a title, gift, salary, or office from or under a foreign state.

The linked article contains additional information on the Right to Equality (Articles 14 to 18).

Right to Freedom (Articles 19 to 22) These sections of the Indian Constitution protect a variety of individual freedoms and liberties. The following are included in this right:

Six Rights Guaranteed to All Citizens (Article 19) These six rights are guaranteed to all citizens:

Article 19(1)(a): Freedom of Speech and Expression This provision gives citizens the freedom to freely express their views, opinions, beliefs, and convictions through speech, writing, printing, or any other medium. However, for reasons such as public order, defamation, incitement to offense, and others, the state may impose reasonable restrictions.

 

Freedom of Assembly (Article 19(1)(b)) Individuals have the right to gather without violence. The right to organize take-out processions, public meetings, and demonstrations is included, but the right to strike is not.

Opportunity of Affiliation (Article 19(1)(c))

People reserve the option to shape affiliations, associations, or agreeable social orders, empowering them to seek after normal interests or objectives by and large. However, in the interest of public order, morality, or India’s sovereignty and integrity, reasonable restrictions may be imposed.

Freedom of Movement (Article 19(1)(d)) Every Indian citizen is entitled to free movement throughout the country. This right is subject to reasonable restrictions based on the protection of any scheduled tribe’s interests and the general public’s interests.

Freedom of Residence (Article 19(1)(e)) Indian citizens have the freedom to live and settle in any part of the country, allowing them to move around the country and make their own decision about where to live.

Opportunity of Calling (Article 19(1)(g))

People reserve the option to rehearse any calling or to continue any occupation, exchange, or business of their decision, dependent upon specific limitations forced in light of a legitimate concern for the overall population.

Note: Article 19(1)(f) of the Indian Constitution originally included the right to acquire, hold, and dispose of property as one of the fundamental rights. However, this right was added to Article 300A of the Constitution and removed from the list of fundamental rights by the 44th Amendment Act of 1978.

 

Protection Against Arbitrary and Excessive Punishment (Article 20) It provides an accused person, whether a citizen, a foreigner, or a legal person, with protection from arbitrary and excessive punishment. In this regard, it has three provisions:

Protection from Retrospective Criminal Laws (Article 20(1)) Any person can be convicted only for breaking a law that was in effect at the time of the act. Additionally, the individual cannot be subjected to a penalty that is greater than that imposed by the law that was in effect at the time of the act.

Protection from Double Jeopardy (Article 20(2)) A person cannot be tried again for an offense for which they have already been found not guilty or found not guilty.

Protection from Self-Incrimination (Article 20(3)) No one who is accused of a crime is required to testify against themselves.

Protection of Life and Liberty (Article 21) This provision ensures that no person will be deprived of their life or personal liberty other than in accordance with the legal procedure. This right is accessible to the two residents and non-residents and fills in as a foundation of individual privileges.

Right to Education (Article 21A) This provision guarantees children between the ages of 6 and 14 the right to free and compulsory education. It orders the State to give admittance to quality schooling, guaranteeing that each youngster has the chance to get instruction with no segregation. The 2002 86th Constitutional Amendment Act included this new clause.

Article 22: Protection Against Arrest and Detention This section guarantees certain rights to people who are arrested or detained, such as the right to be informed of the reasons for their arrest, to consult with and be defended by a lawyer, and to appear before a magistrate within 24 hours of their arrest. It ensures that people who are in custody are treated fairly and prevents arbitrary detention.

 

In the linked article, aspirants can learn more about the Right to Freedom (Articles 19–22).

Right Against Exploitation (Articles 23 to 24) These sections of the Indian Constitution offer a number of safeguards to stop people, particularly those from vulnerable groups, from being exploited. The following rights are included in this:

Article 23: Prohibition of Human Trafficking and Forced Labor This section prohibits human trafficking and forced labor. It makes such acts criminal acts.

Article 24: Children Under the Age of 14 Are Not To Be Employed in Mines, Factories, or Other Dangerous Workplaces This provision prohibits the employment of children under the age of fourteen. However, it does not prevent them from working in non-harmful occupations.

In the linked article, aspirants can learn more about the Right Against Exploitation (Articles 23–24).

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