Where did the demand for Fundamental Rights in India originate?
- The demand for Fundamental Rights in India originated with the “Constitution of India Bill, 1895,” initiated under the leadership of Bal Gangadhar Tilak. This marked the first explicit call for such rights.
- Subsequently, the Moti Lal Nehru Report of 1928 advocated for the establishment of inalienable Fundamental Rights, further emphasizing this demand.
- Later, Congress took a significant step forward in this regard by adopting a resolution on Fundamental Rights during the Karachi Session of 1931, with Sardar Vallabhbhai Patel presiding over the session.
Where can we find the Fundamental Rights in the Indian Constitution?
- Part 3 of the Indian Constitution, also known as the Magna Carta, contains Fundamental Rights from Articles 12 to 35.
How many Fundamental Rights are guaranteed in the Indian Constitution?
- Originally, the Indian Constitution guaranteed seven fundamental rights:
- 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 Property (Article 31)- Right to Constitutional Remedies (Article 32)
- However, the Right to Property was removed from the list of fundamental rights by the 44th Amendment Act of 1978. It is now recognized as a legal right under Article 300-A in Part XII of the Constitution.
How do Fundamental Rights safeguard citizens?
- Fundamental Rights provide citizens with protection from any arbitrary actions taken by the State.
How are Fundamental Rights affected during a National Emergency?
- Fundamental Rights can be suspended during a National Emergency.
- However, the rights guaranteed by Articles 20 and 21 remain unaffected by such suspension.
Note: Indian Constitution allows for three types of emergencies: (i) National Emergency (Article 352) during war, external aggression or armed rebellion, (ii) State Emergency (President’s Rule) (Article 356) during the breakdown of state machinery, and (iii) Financial Emergency (Article 360) during threats to financial stability.
Read More: Type of Emergencies (Link)
Are Fundamental Rights subject to judicial review?
- Yes, Fundamental Rights are justiciable, meaning they can be enforced and protected through legal proceedings in courts.
Note: Article 32 of the Indian Constitution allows individuals to directly seek relief from the Supreme Court for the enforcement of their fundamental rights.
Likewise, Article 226 of the Indian Constitution allows individuals to approach a High Court for the enforcement of their fundamental rights.
Read More: Writ Jurisdiction of Supreme Court & High Court (Link)
From which country did the framers of the Indian Constitution derive inspiration for Fundamental Rights?
- The inspiration for Fundamental Rights in the Indian Constitution was drawn from the United States of America, specifically from its Bill of Rights.
How is the term “State” defined according to Article 12 of the Indian Constitution?
- The term “State” as per Article 12 of the Indian Constitution encompasses the following
- government and Parliament of India
- government and legislature of states
- all local authorities such as municipalities, panchayats, district boards, improvement trusts, etc
- all other authorities (both statutory ans non-statutory) like LIC, ONGC, SAIL, etc.
Note: A private body or an agency working as an instrument of the State falls within the meaning of the “State” under Article 12.
Summarise the provisions of Article 13 in the Indian Constitution.
- Article 13 of the Indian Constitution deals with laws inconsistent with or in derogation of fundamental rights.
- It prohibits the state from making any law that takes away or abridges the fundamental rights guaranteed under Part III of the Constitution.
- If any law violates the fundamental rights, it shall be declared void. In other words, it provides for doctrine of judicial review.
Note: Supreme Court held in Kesavanada Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the “basic structure” of the Constitution and hence, can be declared void.
Describe the “Right to equality” as outlined in the Constitution of India.
- The Right to Equality (Article 14 – 18) in the Indian Constitution ensures that all citizens are treated equally before the law and prohibits discrimination by the State on various grounds. More detailed explanation of each article under the Right to Equality in the Indian Constitution is given in the table below:
| Article Number | Title | Explanation |
|---|---|---|
| Article 14 | Equality before law (from Britain) and Equal Protection of laws (from USA) | The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. *The rule of equality before law is not absolute. |
| Article 15 | Prohibition of discrimination | 15(1): The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. 15(2): Ensures that no citizen faces any discrimination solely on the grounds of religion, race, caste, sex, or place of birth, with regards to access to public places like shops, restaurants, hotels, or places of public entertainment, and usage of public facilities such as wells, tanks, roads, or bathing ghats. 15(3): Allows the State to make special provisions for women and children. 15(4): Permits the State to make special provisions for the advancement of socially and educationally backward classes of citizens, as well as for the Scheduled Castes and Scheduled Tribes. 15(5): Empowers the state to make such special provisions relating to reservation in admission for SCs or STs in educational institutions which include private educational Institutions, whether aided or unaided by the State other than the minority educational institutions as referred in Article 30. 15(6): Allows the State to make special provisions: (a) For the advancement of economically weaker sections of citizens other than those specified in clauses (4) and (5). (b) For the admission of economically weaker sections to educational institutions, apart from minority institutions, subject to a maximum reservation of 10% of total seats in each category. |
| Article 16 | Equality of opportunity in public employment | 16(1): Guarantees equality of opportunity for all citizens in matters of public employment. 16(2): Prohibits discrimination against any citizen, solely on the basis of religion, race, caste, sex, descent, place of birth, residence, or any of them, with respect to eligibility for public employment. 16(4): Permits the State to make provisions for the reservation of appointments or posts in favor of any backward class of citizens that, in the opinion of the State, is not adequately represented in the services under the State. 16(5): Allows the State to reserve appointments or posts for economically weaker sections, separate from those mentioned in clause (4). This reservation can be up to a maximum of 10% of the posts in each category, in addition to existing reservations. |
| Article 17 | Abolition of untouchability | “Untouchability” is abolished and its practice in any form is forbidden. |
| Article 18 | Abolition of titles | 18(1): The State cannot give any title to its citizens except for military or academic achievements. 18(2): Citizens of India cannot accept titles from foreign countries. 18(3): Non-Indian citizens, while holding any office of profit or trust under the State, cannot accept titles from foreign countries without the President’s consent. 18(4): No person holding any office of profit or trust under the State can accept any gifts, payments, or positions from foreign countries without the President’s consent. |
Explain “Right to Freedom” as enshrined in the Constitution of India.
- The articles under the Right to Freedom in the Indian Constitution are presented in a table below:
| Article Number | Title | Explanation |
|---|---|---|
| Article 19 | Protection of certain (six) rights | 19(1-a): Freedom of speech and expression 19(1-b): Freedom to assemble peacefully and without arms 19(1-c): Freedom to form associations or unions or cooperative societies 19(1-d): Freedom to move freely throughout the territory of India 19(1-e): Freedom to reside and settle in any part of India 19(1-g): Freedom to practice any profession, or to carry on any occupation, trade, or business. |
| Article 20 | Protection in respect of conviction for offences | 20(1): No ex-post-facto – No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. 20(2): No double jeopardy – No person shall be prosecuted and punished for the same offence more than once. 20(3): No self-incrimination – No person accused of any offence shall be compelled to be a witness against himself/herself. |
| Article 21 | Protection of life and personal liberty | No person shall be deprived of his life or personal liberty except according to procedure established by law. |
| Article 21(A) | Right to Education (88th Constitutional Amendment Act, 2002) | Guarantees the right to free and compulsory education for all children aged six to fourteen years in such manner as the State may, by law, determine. Note: This provision makes elementary education a Fundamental Right and not higher or professional education. |
| Article 22 | Protection against arrest and detention in certain cases | Part (i): Safeguards against arbitrary arrest and detention: – Right to be informed of the grounds for arrest. – Right to consult and be defended by a legal practitioner. – Right to be produced before a magistrate within 24 hours, excluding the journey time. Part (ii): Preventive detention: – The detention of a person cannot exceed 3 months unless an advisory board (consisting of judges of a high court) reports sufficient cause for extended detention. – The ground of detention must be communicated to the detenu. However facts considered to be against the public interest need not be disclosed. – The detenu should be afforded an opportunity to make representation against the detention order. – Some of the preventive detention laws include: National Security Act (NASA), Unlawful Activities (Prevention) Act (UAPA), etc. |
What is covered by the right to freedom of speech and expression under Article 19?
- The right to freedom of speech and expression under Article 19 includes the following:
- Freedom of Press
- Freedom of silence
- Right to fly a national flag
- Right to post information/videos on internet/social media
- Right against bundh called by a political party or organisation
- Right to demonstrate imposition of pre-censorship on a newspaper
- Right to demonstration or picketing but not right to strike
- Right of voters to know the antecedents of the candidates contesting elections
- Right to choose medium of instruction at the stage of primary school
- Right to access to the internet
On what grounds can the state impose restrictions on freedom of speech and expression?
- The state can impose reasonable restrictions on the exercise of the freedom of speech and expression on various grounds, including:
- sovereignity and integrity of India
- security of the state
- friendly relations with the foreign states
- public order
- decency or morality
- contempt of court
- defamation
- incitement to an offence
What does the right to life and personal liberty under Article 21 include?
- Some of the important rights under the right to life and personal liberty (Article 21) are mentioned below:
- Right to live with human dignity
- Right to decent environment including pollution free water and air and protection against hazardous industries
- Right to livelihood
- Right to privacy
- Right to health
- Right to travel abroad
- Right to information
- Right to sleep
- Right to freedom from noise pollution
- Right to marry a person of one’s choice
- Right to die with dignity (passive euthanasia)
What fundamental right safeguards individuals against exploitation?
- The fundamental right that safeguards individuals against exploitation is the “Right against Exploitation,” which is enshrined in Articles 23 and 24 of the Indian Constitution.
- The table below describes the articles related to right against exploitation.
| Article Number | Title | Explanation |
|---|---|---|
| Article 23 | Prohibition of traffic in human beings and forced labor | – Prohibits traffic in human beings, begar(forced labour) and other similar forms of forced labour Note: The term begar means compulsory work without remuneration. |
| Article 24 | Prohibition of employment of children in factories, etc. | – Prohibits the employment of children under the age of fourteen in factories, mines, or any hazardous employment. – But it doesn’t prohibit their employment in any harmless or innocent work |
What does the expression “traffic in human beings” include?
- Traffic in human beings (Article 23) includes:
- selling and buying of men, women and children like goods
- immoral traffic in women, men and children, including prostitution
- devadasis
- slavery
Explain “Right to Freedom of Religion”
- Articles 25 – 28 deals with Right to Freedom of Religion. They are described in the table below:
| Article Number | Title | Explanation |
|---|---|---|
| Article 25 | Freedom of Conscience and Free Profession, Practice, and Propagation of Religion | – It covers not only religious beliefs (doctrines) but also religious practices (rituals). Note: Wearing and carrying kirpans is to be included in the profession of Sikh religion; and the Hindus, in this context, include Sikhs, Jains and Buddhists |
| Article 26 | Freedom to manage religious affairs | – It protects collective freedom of religion. |
| Article 27 | Freedom as to payment of taxes for promotion of any particular religion | – No person shall be compelled to pay any taxes, for the promotion or maintenance of any particular religion. |
| Article 28 | Freedom as to attendance at religious instruction or religious worship in certain educational institutions | – No religious instruction shall be provided in any educational institution wholly maintained out of State funds. – No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to attend any religious instruction or worship in that institution without his/her consent. |
What are the limitations on the right to freedom of religion?
- The right to freedom of religion is subject to public order, morality, health, and other provisions relating to fundamental rights.
Explain Cultural and Educational Rights.
- Cultural and Educational Rights are covered under Article 29 and Article 30 of the Indian Constitution. The table below describes these rights.
| Article Number | Title | Explanation |
|---|---|---|
| Article 29 | Protection of interests of minorities | – Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same. – No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them. Note: Article 29 grants protection to both religious minorities as well as linguistic minorities. |
| Article 30 | Right of minorities to establish and administer educational institutions | – Grants religious and linguistic minorities the right to establish and administer educational institutions of their choice. – Provides that the State shall not discriminate against any educational institution managed by a minority based on the grounds of religion or language. Note: The term “minority” has not been defined anywhere in the Constitution. |
What is meant by constitutional remedies?
- Constitutional remedies refer to the provisions in the Constitution that allow individuals to seek remedies or relief in case their fundamental rights are violated.
- These remedies are provided in Article 32 for the Supreme Court and Article 226 for the High Courts, and they empower these courts to issue writs such as habeas corpus, mandamus, certiorari, prohibition, and quo warranto to enforce fundamental rights and to protect individuals against arbitrary actions by the State or its authorities.
- The aim of these remedies is to ensure that citizens can directly approach the courts to safeguard their fundamental rights and to hold the government accountable for any violations.
- It cannot be taken away even by way of an amendment of the Constitution as it is a basic feature of the Constitution.
Explain the types of writs issued by the Supreme Court and High Courts.
- Writs serve as powerful legal remedies to protect fundamental rights, ensure the proper functioning of the legal system, and uphold the rule of law.
- Writs can be issued by the Supreme Court under Article 32 of the Indian Constitution and by the High Courts under Article 226.
- There are 5 types of writs that can be issued and they are summarised in the table below.
| Writ | Purpose | Explanation |
|---|---|---|
| Habeas Corpus | Secures release of unlawfully detained individuals | – Habeas Corpus is a legal action that requires a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention. – It safeguards individuals against arbitrary detention or imprisonment, ensuring their right to liberty. |
| Mandamus | Compels public officials to perform legal duties | – Mandamus is a writ issued by a court to compel a public official or government officer to perform their duties correctly or according to the law. – It ensures that public authorities fulfill their legal obligations and responsibilities, especially when they fail or refuse to do so. |
| Certiorari | Quashes decisions of lower courts or tribunals | – Certiorari is a writ issued by a higher court to review a decision of a lower court or tribunal. – It is used to correct errors of jurisdiction or law, ensuring that legal proceedings are conducted fairly and within the bounds of the law. |
| Prohibition | Halts proceedings of lower courts lacking jurisdiction | – Prohibition is a writ that prevents a lower court from proceeding with a case where it lacks jurisdiction or is acting beyond its authority. – It is issued to maintain the jurisdictional boundaries of courts and to prevent injustice or violation of legal rights. |
| Quo Warranto | Challenges legality of public office holders | – Quo Warranto is a writ used to challenge the legality of a person holding a public office and demanding to know by what authority they hold the office. – It ensures that public offices are held only by individuals who are legally qualified and eligible to do so, preventing unauthorized persons from holding public office. |
Explain Dr. Ambedkar’s characterization of Article 32 as “an Article without which this constitution would be a nullity. It is the very soul of the Constitution and the very heart of it”.
- Dr. Ambedkar’s statement highlights the paramount importance of Article 32 in the Indian Constitution.
- He described it as indispensable, stating that without Article 32, the Constitution would lack essential enforceability and protection of fundamental rights.
- By calling it “the very soul” and “the very heart” of the Constitution, he emphasized its pivotal role in ensuring access to justice and safeguarding individual liberties.
- Essentially, Article 32 serves as a cornerstone, providing citizens with a direct recourse to the Supreme Court for the enforcement of their fundamental rights, thereby reinforcing the democratic principles upon which the Constitution is built.
What ruling has the Supreme Court made regarding Article 32 of the Indian Constitution?
- The Supreme Court has ruled that Article 32 is a basic feature of the Constitution, meaning it cannot be abridged or removed, even through a constitutional amendment.
- This ruling signifies that Article 32, which grants individuals the right to move the Supreme Court for enforcement of fundamental rights, is considered essential to the framework of the Indian Constitution and serves as a safeguard against any attempt to undermine fundamental rights.
Who serves as the defender and guarantor of the fundamental rights of citizens?
- The Supreme Court serves as the defender and guarantor of citizens’ fundamental rights.
Which fundamental rights are specifically reserved for Indian citizens?
- Articles 15, 16, 19, 29, and 30 of the Indian Constitution are exclusively reserved for Indian citizens.
Explain how Article 33 empowers Parliament to limit or abrogate fundamental rights for members of the armed forces.
- Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of the members of armed forces, para-military forces, intelligence agencies and analogous forces.
- The objective of this provision is to ensure the proper discharge of their duties and the maintenance of discipline among them.
- The expression ‘members of the armed forces’ also covers such employees of the armed forces as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers, tailors who are non-combatants (a person who is not engaged in fighting during a war).
Explain Article 34 of the Indian Constitution.
- Article 34 provides for the restrictions on fundamental rights while martial law is in force in any area within the territory of India.
- It empowers the Parliament to indemnify any government servant for any act done by him/her in connection with the maintenance or restoration of order in any area where martial law was in force.
- The act of indemnity made by the Parliament cannot be challenged in any court on ground of contravention of any of the fundamental rights.
Define martial law and specify the conditions under which it can be imposed.
- Martial law is not explicitly defined in the constitution.
- There is no specific provision in the constitution that authorises the executive to declare martial law. However, it is implicit in Article 34 under which martial law can be declared in any area within the territory of India.
- Literally, it means “military rule“. It refers to a situation where civil administration is run by the military authorities according to their own rules and regulations framed outside the ordinary law.
- The martial law is imposed under extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law.
Explain Article 35 of the Indian Constitution.
- Article 35 lays down that the power to make laws, to give effect to certain specified fundamental rights shall vest only in the Parliament and not in the state legislature.
- This provision ensures that there is uniformity throughout India with regard to the nature of those fundamental rights and punishment for their infringement.
Can Parliament authorise courts other than the Supreme Court and the High Courts to issue directions, orders, and writs of all kinds for the enforcement of fundamental rights as specified in Article 32?
- Yes, Parliament has the authority to empower courts other than the Supreme Court and the High Courts to issue directions, orders, and writs of all kinds for the enforcement of fundamental rights as specified in Article 32 of the Indian Constitution.
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