This lecture is to shed light on a crucial aspect of our Constitution, a facet that forms the bedrock of our democratic nation—The Fundamental Rights. These rights are enshrined in Part III of our Constitution, spanning from Articles 12 to 35. They serve as the guardians of our individual liberties, ensuring justice, equality, and the preservation of human dignity. In the words of the framers of our Constitution, Part III is rightly described as the Magna Carta of India. Let's delve into the significance and e...
This lecture is to shed light on a crucial aspect of our Constitution, a facet that forms the bedrock of our democratic nation—The Fundamental Rights. These rights are enshrined in Part III of our Constitution, spanning from Articles 12 to 35. They serve as the guardians of our individual liberties, ensuring justice, equality, and the preservation of human dignity. In the words of the framers of our Constitution, Part III is rightly described as the Magna Carta of India. Let's delve into the significance and essence of these Fundamental Rights.
The framers of our Constitution drew inspiration from the United States Constitution, particularly the Bill of Rights, while crafting our Fundamental Rights. However, what sets our Constitution apart is the comprehensiveness and elaboration of these rights. In fact, our Constitution boasts a more detailed list of Fundamental Rights than any other nation globally, including the United States.
Fundamental Rights in our Constitution are designed to be all-encompassing and non-discriminatory. They stand as a testament to the principle of equality among all individuals, uphold human dignity, safeguard the larger public interest, and strengthen the unity of our nation. These rights are not merely words on paper but the essence of a vibrant democracy.
At their core, the Fundamental Rights serve the purpose of promoting political democracy, acting as bulwarks against authoritarian and despotic rule. They are the safeguards that protect our liberties and freedoms from encroachments by the State. In essence, they establish the idea of "a government of laws and not of men," ensuring that the rule of law prevails over arbitrary rule.
These rights are fundamental not just because they are enshrined in our Constitution but also because they are indispensable for the holistic development of individuals, encompassing material, intellectual, moral, and spiritual growth.
Originally, our Constitution provided for seven Fundamental Rights. These include:
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 property (Article 31)
Right to constitutional remedies (Article 32)
However, through the 44th Amendment Act of 1978, the right to property was removed from the list of Fundamental Rights and reclassified as a legal right under Article 300-A in Part XII of the Constitution. Hence, presently, there are six Fundamental Rights that are the pillars of our democratic framework.
These rights exhibit several distinctive features:
Some are available exclusively to citizens, while others are applicable to all individuals, regardless of their citizenship status.
Fundamental Rights are not absolute but qualified, permitting the state to impose reasonable restrictions, with the judiciary acting as the ultimate arbiter of reasonableness.
They protect against state actions as well as actions by private individuals.
Some rights are negative, limiting state authority, while others are positive, granting specific privileges.
While not sacrosanct, Fundamental Rights can only be curtailed or repealed through a constitutional amendment, ensuring their protection.
During a National Emergency, some rights can be suspended, except those guaranteed by Articles 20 and 21. Additionally, Article 19 rights can be suspended only during a national emergency resulting from war or external aggression.
Their scope can be limited by specific articles in the Constitution, such as Article 31A, 31B, and 31C.
The application of these rights to certain groups, like the armed forces, can be restricted or abrogated by the Parliament.
Martial law, distinct from a national emergency, can also limit the application of these rights in certain areas.
Most Fundamental Rights are directly enforceable, while others require enabling legislation passed by the Parliament for implementation.
