Understanding Fundamental Rights Under the Indian Constitution
Fundamental Rights form the bedrock of India’s democratic framework, enshrined in Part III (Articles 12 to 35) of the Constitution. Often hailed as the “Magna Carta” of India, these rights guarantee individual liberties against state overreach, drawing inspiration from the American Bill of Rights and Ireland’s Directive Principles. Dr. B.R. Ambedkar described them as the “conscience of the Constitution,” reflecting their pivotal role in upholding human dignity, equality, and justice. Enforceable through writs under Article 32 (the “heart and soul” of the Constitution, per Ambedkar), these rights empower citizens to approach the Supreme Court directly for remedies like habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
The framers balanced these rights with reasonable restrictions to prevent abuse, ensuring they evolve through judicial interpretation. From landmark rulings like Kesavananda Bharati v. State of Kerala (1973), which established the basic structure doctrine shielding Fundamental Rights from parliamentary amendment, to recent expansions via the right to privacy in Justice K.S. Puttaswamy v. Union of India (2017), these provisions remain dynamic. This article delves into their categories, scope, limitations, and contemporary relevance.[1]
Right to Equality: Pillars of Non-Discrimination
Articles 14 to 18 constitute the Right to Equality, prohibiting arbitrary state action. Article 14 mandates equality before the law and equal protection of laws, embodying the “rule of law.” The Supreme Court in Maneka Gandhi v. Union of India (1978) expanded this to include reasonableness and non-arbitrariness, striking down laws lacking a rational nexus with their object.
Article 15 bars discrimination on grounds of religion, race, caste, sex, or place of birth, while Article 16 ensures equal opportunity in public employment. Affirmative action via reservations, upheld in Indra Sawhney v. Union of India (1992)—the Mandal Commission case—allows up to 50% reservation for backward classes, though the 103rd Amendment (2019) introduced a 10% EWS quota, validated in Janhit Abhiyan v. Union of India (2022). Article 17 abolishes untouchability, criminalized under the Protection of Civil Rights Act, 1955, and Article 18 abolishes titles, fostering republican equality.[2]
These provisions combat social hierarchies, yet challenges persist, as seen in ongoing caste-based violence cases.
Right to Freedom: Core Liberties with Safeguards
Articles 19 to 22 safeguard six freedoms under Article 19: speech and expression, assembly, association, movement, residence, and profession. These are not absolute; clauses (2) to (6) permit “reasonable restrictions” in public interest, security, or morality. The judiciary tests reasonableness via the proportionality doctrine from Modern Dental College v. State of Madhya Pradesh (2016).
Freedom of speech (Article 19(1)(a)) faced scrutiny in Shreya Singhal v. Union of India (2015), where Section 66A of the IT Act was struck down as vague and chilling online expression. Similarly, Article 21’s right to life and personal liberty—now encompassing dignity, clean environment (Subhash Kumar v. State of Bihar, 1991), and privacy—anchors expansive protections. In Navtej Singh Johar v. Union of India (2018), Section 377 IPC was partially decriminalized, affirming LGBTQ+ rights under Article 21.
Article 20 offers protections against ex post facto laws, double jeopardy, and self-incrimination, while Article 21A (inserted by the 86th Amendment, 2002) mandates free education for children aged 6-14, operationalized via the Right to Education Act, 2009. Article 22 curbs arbitrary arrests, requiring grounds of detention and legal aid.[3]
Rights Against Exploitation: Shielding the Vulnerable
Articles 23 and 24 target human trafficking, forced labor, and child employment in hazardous industries. Article 23’s breadth covers “begar” (forced labor without pay), enforced through the Bonded Labour System (Abolition) Act, 1976. Landmark interventions like People’s Union for Democratic Rights v. Union of India (1982) extended it to underpaid wage labor, recognizing the right to a living wage.
Article 24 prohibits child labor under 14 in factories or mines, bolstered by the Child Labour (Prohibition and Regulation) Amendment Act, 2016. These rights address systemic exploitation, vital in India’s informal economy.
Religious, Cultural, and Minority Rights: Pluralism Preserved
Articles 25 to 28 secure religious freedom. Article 25 guarantees conscience and free profession subject to public order, morality, and health—upheld in Sabarimala (Indian Young Lawyers Association v. State of Kerala, 2018), allowing women’s temple entry despite orthodoxy. Article 26 permits religious denominations to manage affairs, while Article 27 bars taxes for specific religions, and Article 28 prevents religious instruction in state-funded schools.
Articles 29 and 30 protect cultural and educational rights of minorities, enabling institution establishment. TMA Pai Foundation v. State of Karnataka (2002) clarified reasonable regulation without destroying minority character.
Article 30(1A), added in 2005, ensures state aid proportionality.[4]
Constitutional Remedies: Enforcement Mechanism
Article 32 provides direct Supreme Court access for Fundamental Rights enforcement, complemented by Article 226 for High Courts. Romesh Thappar v. State of Madras (1950) affirmed this as non-suspendable except during emergencies (Article 359). Public interest litigation (PIL) has democratized access, as in Hussainara Khatoon v. State of Bihar (1979), addressing undertrial prisoners’ rights.
Limitations include Article 33 (armed forces curbs) and Article 34 (martial law). Rights are unavailable against private individuals (State of Rajasthan v. Union of India, 1977) but bind the state (Article 12: government, Parliament, local bodies).[5]
Contemporary Challenges and Evolutions
Fundamental Rights navigate tensions with security and development. The Aadhaar scheme survived privacy challenges in Puttaswamy II (2018) via data minimization. COVID-19 restrictions tested Article 19 limits, with courts balancing health and liberty (Anuradha Bhasin v. Union of India, 2020).
Emerging issues like digital rights, AI surveillance, and climate justice invoke Article 21. The basic structure doctrine (Kesavananda Bharati) immunizes these rights from abolition, though dilution via amendments persists—e.g., the 42nd Amendment (1976) during Emergency was partially reversed.
In sum, Fundamental Rights embody aspirational justice, evolving through activism and judiciary. For law students, mastering them demands analyzing interplay with Directive Principles (Part IV) and DPSPs’ supremacy in conflicts (Minerva Mills v. Union of India, 1980). As India marks 75 years of the Constitution, reinforcing these rights remains crucial for inclusive growth.[6]
[1] https://www.mea.gov.in/images/pdf1/part3.pdf
[2] https://srrcvr.ac.in/pages.php?menu=best-practices&slug=fundamental-right
[3] https://legalaffairs.gov.in/sites/default/files/chapter%203.pdf
[4] https://vil.ac.in/fundamental-rights-in-india-meaning-types-importance/
[5] https://www.un.org/en/about-us/universal-declaration-of-human-rights
[6] https://www.researchgate.net/publication/382115263_FUNDAMENTAL_RIGHTS_IN_INDIAN_CONSTITUTION
