FUNDAMENTAL RIGHTS IN INDIAN CONSTITUTION

ABSTRACT:

Articles 14 through 35 of the Indian Constitution include protections for fundamental rights, such as equality, freedom, and immunity from exploitation. It protects freedoms including expression (Article 19) and personal liberty (Article 21), guarantees equality before the law (Article 14) and forbids discrimination (Article 15). As demonstrated by seminal instances such as NALSA v. Union of India (2014) and Maneka Gandhi v. Union of India (1978), citizens have the ability to petition the judiciary for remedies for infringement of their rights. The foundation of the Constitution is based on democratic and egalitarian ideals, which promote a just society in which every person is safeguarded and given authority.

INTRODUCTION:

The Constitution is the ultimate rule of the land in our country; it is a living document that sets our laws and keeps us united as a people. The Indian Constitution, which provides a strong framework that protects each citizen’s rights and liberties, is a monument to the principles of democracy, fairness, and equality. It guarantees that everyone is treated with equal dignity and respect by granting fundamental rights to all people, regardless of their gender, race, religion, caste, sex, or any other characteristic that sets them apart.

These basic rights, which are intended to safeguard freedoms for individuals and promote the principles of integrity and autonomy, serve as the foundation of our democratic society.

Additionally, the Indian Constitution provides a thorough framework for the defense of fundamental rights. It gives people the ability to approach the legal system directly for redress when their basic rights are infringed. These rights are protected by the Indian Supreme Court and High Courts, which provide a forum for people to file appeals and get justice. Our legal system relies heavily on this judicial scrutiny to make sure that any violations of basic rights are quickly identified and addressed.

FUNDAMENTAL RIGHTS

Part III of our Indian Constitution, which covers Articles 14 through 35, discusses fundamental rights. Whatever their caste, religion, ethnicity, sex, gender, or other identity, every Indian has six essential rights guaranteed by our constitution. There are six basic rights guaranteed by our constitution.

• 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 (Article 32)

The six rights listed above as well as the right to property were among the seven fundamental rights that the original Constitution guaranteed. The Right to Property was, however, taken off of the list of Fundamental Rights by the 44th Amendment Act of 1978. Rather, it was established as a legal right by Part XII of the Constitution’s Article 300-A. Thus, there are currently just six fundamental rights. [1]

ARTICLE 14: RIGHT TO EQUALITY

Article 14 of the Indian Constitution states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Equality before the law: According to this, the law ought to apply to all people equally. Nobody ought to get special treatment or benefits. For instance, if two individuals of different socioeconomic backgrounds violate the same law, they need to get the same punishment.

The idea of equal protection under the law states that everyone should be subject to the same laws. To guarantee justice, the government needs to act. For instance, if a new law is created requiring bike riders to wear helmets, it ought to be applicable to all of them.[2]

CASE: NATIONAL LEGAL SERVICE AUTHORITY VS UOI (2014)

The Supreme Court of India upheld the rights of transgender people under Articles 19 and 21 and acknowledged their entitlement to equal protection under Article 14 in the case of NALSA v. Union of India (2014). It supported the freedom to identify one’s gender on one’s own without the need for medical assistance and required affirmative action policies, such as hiring and education restrictions. This historic ruling sparked legislative changes for the comprehensive integration of transgender populations into Indian society and was a turning point in the fight against discrimination and social exclusion of transgender communities[3]

CASE: AK KRAIPAK VS UOI 1969

The Supreme Court of India ruled in A.K. Kraipak v. Union of India (1969) that the fundamental elements of Article 14 of the Constitution are the natural justice principles, which include the right to a fair trial and the lack of prejudice. This seminal case underscored the need for procedural justice in administrative proceedings, guaranteeing that judgments impacting the rights of persons are rendered in an unbiased and transparent manner. The verdict established a standard for maintaining constitutionally guaranteed equality and justice in all Indian governmental procedures.[4]

Article 15: prohibition of discrimination

The Indian Constitution’s Article 15 prohibits the state from discriminating against people based on their place of birth, gender, race, religion, or caste. Equal access to public spaces and services is guaranteed, and the state is permitted to provide further protections for women, children, members of socially and educationally disadvantaged classes, Scheduled Castes (SC), Scheduled Tribes (ST), and economically disadvantaged groups (EWS). In order to further social justice and equality, this essay is in favor of affirmative action. Its mission to fight prejudice and support marginalized groups has been reaffirmed by judicial interpretations.[5]

CASE: JANHIT ABHIYAN VS UOI (2022)

The Supreme Court affirmed the legitimacy of the 103rd Amendment, which established reservations for economically disadvantaged sections (EWS), in Janhit Abhiyan v. Union of India, 2022. The Court decided that the 50% reservation ceiling was not rigid and that exceptions might be made to achieve equity, validating the use of economic grounds for affirmative action. Additionally, it was decided that as SC, ST, and OBCs already benefited from other reservations, removing them from the EWS category did not violate equity norms. It was decided that the change did not go against the fundamental framework of the Constitution.[6]

Article 16: Equal opportunity

Equal treatment of opportunity is guaranteed by this clause when it comes to public appointments and employment. It forbids discrimination in certain areas solely on the basis of caste, religion, race, sex, or place of birth. Let’s say a government agency posts job openings for a certain role. Article 16 states that all qualified candidates shall be given consideration for these jobs on the basis of their credentials and merit, regardless of their race, religion, caste, sex, descent, place of birth, or any combination of these. In order to provide fair and equal access to work possibilities in the public sector, the clause also forbids discrimination in employment based on these considerations.[7]

Article 17: abolition of untouchability

Untouchability is a practice that traditionally discriminated against people based on their caste, preventing them from accessing public spaces and social opportunities. It is outlawed under Article 17 of the Indian Constitution. For instance, those belonging to Scheduled Castes and Scheduled Tribes were frequently subjected to caste-based discrimination and excluded from public spaces like temples and wells prior to independence. No matter a person’s caste or social status, Article 17 seeks to end these kinds of discriminatory actions and guarantee everyone’s equality and dignity.[8]

Article 18: abolition of titles

Except for military and academic honors, Article 18 forbids the State from bestowing titles on people. By doing away with the feudal tradition of bestowing titles that indicate social standing or privilege, it seeks to guarantee equality among citizens. The article upholds the democratic ideals of the Indian Constitution by prioritizing merit above inherited differences and encouraging social equality.[9]

Article 19: freedom of speech and expression

The Indian Constitution’s Article 19 guarantees its residents the following essential liberties: the right to free speech, freedom of assembly, travel, residence, and occupation. For the sake of morality, public order, national security, and India’s sovereignty and integrity, these rights may be reasonably restricted. They provide people’s freedom of expression, right to peaceful assembly, ability to establish associations, freedom of movement across the nation, right to settle anywhere, and right to practice any legitimate trade or profession, subject to restrictions that safeguard national security and welfare.[10]

Case:  Romesh Thappar v. State of Madras (1950).

In State of Madras v. Romesh Thapar (1950). The Supreme Court affirmed the freedom of speech and expression under Article 19(1)(a) as a fundamental right in this historic decision. Publisher Romesh Thappar contested the Madras government’s decision to outlaw his publication, Cross Roads, which was critical of the government’s policies. The Court held that absent a clear and present threat to public order, the ability to spread ideas and opinions without prior government interference encompasses the right to freedom of speech and expression. This case demonstrated the judiciary’s responsibility to protect basic rights against arbitrary limitations and government censorship.[11]

Article 20: protection against conviction

Basic rights in criminal prosecutions are protected under Article 20 of the Indian Constitution. It provides the following three primary safeguards: First, it forbids retrospective punishment, which means that no one may be penalized for a behavior that was lawful at the time it was committed. It also ensures that no one will be prosecuted and punished twice for the same offense, which is known as double jeopardy protection. Thirdly, it protects the prohibition against coercion to testify against oneself, meaning that no one who is accused of a crime may be forced to do so. The integrity of India’s judicial system depends on these safeguards, which are essential for guaranteeing justice and avoiding abuse in court processes.[12]

ARTICLE 21:  PROTECTION OF PERSONAL LIBERTY AND LIFE

The Indian Constitution’s Article 21 protects everyone’s right to life and personal freedom. It guarantees that no one may be taken from their life or their personal freedom unless it is done so in accordance with legally mandated processes. The Supreme Court has read Article 21 broadly throughout the years, encompassing rights like healthcare, environmental preservation, fair trials, privacy, dignity, and speed. This article ensures that people’s fundamental rights to live in dignity and to exercise their personal freedom are respected in all situations, acting as a vital protection against the state’s capricious acts.[13]

Case: Maenka Gandhi v. Union of India 1978

In Maenka Gandhi vs . Union of India 1978,  The Supreme Court extended the reach of Article 21 beyond procedural due process to encompass substantive rights in this seminal decision. The government had seized Maneka Gandhi’s passport without offering her a chance to be heard. The Court ruled that the right to life and personal liberty guaranteed by Article 21 include not only the right to exist physically but also the right to live in dignity. It underlined the need for fairness, justice, and reason in any policy or practice that restricts an individual’s freedom. This case demonstrated that substantive freedoms necessary for a meaningful existence are protected by Article 21, in addition to procedural rights.[14]

Article 21 A: Right to education

The 86th Amendment Act, of 2002 added Article 21A to the Indian Constitution, which addresses the right to education. It declares that all children between the ages of six and fourteen have the fundamental right to free and compulsory education from the State. By guaranteeing that every kid in the nation has access to primary education, this amendment hopes to advance social equality and literacy. It emphasizes that the government is in charge of founding and maintaining educational institutions and gives parents and guardians the authority to insist that their children receive a top-notch education.[15]

Article 22: prevention of detention

The Indian Constitution’s Article 22 offers legal defenses against unjustified arrests and detentions. It guarantees that anybody who is detained must be made aware of the reasons for their detention, have the freedom to speak with any lawyer of their choosing and appear before a magistrate within twenty-four hours after their arrest. These clauses protect individual liberties and guarantee the application of due process, therefore avoiding wrongful imprisonment. Nevertheless, hostile aliens and those imprisoned under laws pertaining to preventative detention are not covered by these provisions.[16]

Article 23: prohibits human trafficking and child labor

The Indian Constitution forbids begar (forced labor) and other comparable types of forced labor, as well as the trafficking of human people. It guarantees that no one will ever be made to labor against their will without receiving fair recompense. Preserving human dignity and averting exploitation require this kind of protection. Any violation of this clause is subject to legal penalties[17].

Article 24: prohibits child employment

Children under the age of 14 are not allowed to work in mines, factories, or any other dangerous jobs, according to Article 24. This article seeks to safeguard children’s rights to education, development, and protection against exploitation[18]

Article 25: right to propagate religion

Along with other provisions outlined in Part III, which covers Fundamental Rights, Article 25 of the Indian Constitution guarantees everyone the freedom of conscience and the right to freely profess, practice, and propagate religion, subject to considerations of public order, morality, and health. Each and every individual is guaranteed the right to these freedoms under Article 25(1). Nevertheless, as per Article 25(2)(a), this freedom does not exclude the state from controlling or limiting any financial, political, economic, or other secular activity that could be connected to religious beliefs. Additionally, the state may implement social welfare and reform programs under Article 25(2)(b), including steps to guarantee that public Hindu religious institutions are open to all socioeconomic classes and segments of the Hindus.[19]

Article 26:  freedom to manage religious affairs

Every religious group or its branches are granted the freedom to administer their own religious matters under Article 26 of the Indian Constitution, provided that public order, morality, and health are taken into account. This clause covers the rights to own and acquire property, to govern their own religious affairs, to create and uphold institutions for religious and philanthropic purposes, and to manage such property in compliance with the law. These rights guarantee religious organizations the autonomy to establish and maintain their religious and altruistic endeavors.[20]

Article 27: Freedom to Pay Taxes for the Development of Any Religion

No one is required to pay taxes that are designated especially for the upkeep or promotion of any one religion or any sect, according to Article 27. By prohibiting the state from utilizing public monies to promote or support any specific religion, this article supports the secularist ethos and ensures that tax dollars are used for secular purposes rather than the advancement of religious agendas.[21]

ARTICLE 28: freedom as to attendance at religious instruction or religious worship in certain educational institutions

The secular nature of state-supported education is further reinforced by Article 28, which states that no educational institution entirely sponsored by the state may offer religious teaching. It does, however, permit exceptions for organizations created by trusts or endowments that mandate religious education. Furthermore, it guards against forcing people to attend religious services or receive instruction in state-recognized or state-funded educational institutions unless they or their guardians agree. This protects students’ freedom of conscience and religion in the context of education.[22]

CULTURAL EDUCATIONAL RIGHTS( 29-30)

Minority rights are safeguarded under the Indian Constitution’s Articles 29 and 30. Article 29 prohibits discrimination in admittance to state-funded educational institutions and permits any group having a distinctive language, script, or culture to maintain it. Minorities are protected from discrimination when obtaining governmental assistance under Article 30, which also gives them the freedom to create and run their own educational institutions. The rights of minority populations in India to culture and education are protected by these statutes.

CONSTITUIONAL REMEDIES:(32-35)

People have the right to immediately petition the Supreme Court under Article 32 in order to have their fundamental rights upheld. It gives the court the authority to grant writs for this purpose, including quo warranto, certiorari, mandamus, and habeas corpus.

In order to maintain discipline and the appropriate performance of their tasks, Parliament may amend Article 33 to change how the basic rights are applied to members of the military services, police forces, and intelligence organizations.

When martial law is imposed in any territory, Article 34 gives the Parliament the authority to impose restrictions on basic rights in order to restore security and order.

Article 35 gives Parliament the authority to enact legislation that enforces certain basic rights, such as defining the penalties for actions that violate the provisions pertaining to fundamental rights. To ensure consistency in the enforcement of fundamental rights, it centralizes legislative authority.

References:

[1] Fundamental Rights under the Indian Constitution, https://blog.ipleaders.in/fundamental-rights-in-the-constitution-of-india/ (last visited Jul 4, 2024).

[2] Article 14 in Constitution of India, https://indiankanoon.org/doc/367586/ (last visited Jul 4, 2024).

[3] National Legal Ser.Auth vs Union Of India & Ors on 15 April 2014, https://indiankanoon.org/doc/193543132/ (last visited Jul 4, 2024).

[4] A. K. Kraipak & Ors. Etc vs Union Of India & Ors on 29 April 1969, https://indiankanoon.org/doc/639803/ (last visited Jul 4, 2024).

[5] Article 15 in Constitution of India, https://indiankanoon.org/doc/609295/ (last visited Jul 5, 2024).

[6] Janhit Abhiyan vs Union Of India on 7 November 2022, https://indiankanoon.org/doc/98959833/ (last visited Jul 5, 2024).

[7] Article 16 in Constitution of India, https://indiankanoon.org/doc/211089/ (last visited Jul 5, 2024).

[8] Article 17 in Constitution of India, https://indiankanoon.org/doc/1987997/ (last visited Jul 5, 2024).

[9] Article 18 in Constitution of India, https://indiankanoon.org/doc/1163710/ (last visited Jul 5, 2024).

[10] Article 19 in Constitution of India, https://indiankanoon.org/doc/1218090/ (last visited Jul 5, 2024).

[11] Romesh Thappar vs The State Of Madras on 26 May 1950, https://indiankanoon.org/doc/456839/ (last visited Jul 5, 2024).

[12] Article 20 in Constitution of India, https://indiankanoon.org/doc/655638/ (last visited Jul 5, 2024).

[13] Article 21 in Constitution of India, https://indiankanoon.org/doc/1199182/ (last visited Jul 5, 2024).

[14] Maneka Gandhi vs Union Of India on 25 January 1978, https://indiankanoon.org/doc/1766147/ (last visited Jul 5, 2024).

[15] Article 21A in Constitution of India, https://indiankanoon.org/doc/154644006/ (last visited Jul 5, 2024).

[16] Article 22 in Constitution of India, https://indiankanoon.org/doc/581566/ (last visited Jul 5, 2024).

[17] Article 23 in Constitution of India, https://indiankanoon.org/doc/1071750/ (last visited Jul 5, 2024).

[18] Article 24 in Constitution of India, https://indiankanoon.org/doc/1540780/ (last visited Jul 5, 2024).

[19] Article 25 in Constitution of India, https://indiankanoon.org/doc/631708/ (last visited Jul 6, 2024).

[20] Article 26 in Constitution of India, https://indiankanoon.org/doc/1858991/ (last visited Jul 6, 2024).

[21] Article 27 in Constitution of India, https://indiankanoon.org/doc/211413/ (last visited Jul 6, 2024).

[22] Article 28 in Constitution of India, https://indiankanoon.org/doc/1734560/ (last visited Jul 6, 2024).