Most Important Topics in Fundamental Rights

Hello Aspirants,

Fundamental rights are basic human rights that are recognized and guaranteed by a country’s constitution or laws. They are considered essential for human dignity, liberty, and pursuit of happiness. Fundamental rights protect individuals from any kind of arbitrary or discriminatory actions by the state or other individuals.

Fundamental rights can vary depending on the country and its legal system, but some common examples include:

Right to life, liberty and security of person
Freedom of speech and expression
Freedom of religion and conscience
Right to equality and non-discrimination
Right to a fair trial and due process of law
Right to education
Right to work and social security
Right to privacy and protection of personal information
Right to participate in political and public life
Right to form associations and unions.

Fundamental rights are often considered the cornerstone of a democratic society, as they ensure that citizens can live freely and with dignity, and that the state and other individuals cannot infringe upon their basic rights.

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Fundamental Rights of India (Articles 12-35)

Fundamental Rights of India were included from the Magna Carta of England, the declaration of Rights of Man and Citizens (France), and the U.S. bill of rights. Fundamental rights (Articles 12-35) are those rights that protect an individual from the atrocities of the State and these rights are protected and guaranteed by the constitution. These rights are regarded as ‘Fundamental‘ because they are most essential for the attainment of certain basic liberties and freedom in order to live a dignified life and the Constitution also allow an individual to move directly to the Supreme Court for the reinforcement of his/her fundamental right as and when they are violated or restricted.

List of Fundamental Rights: (Article 12-35)

Here is the list of various fundamental rights provided by the Indian constitution as follows:

Article 12: State for the purposes of Fundamental Rights

State’ includes:

The government and parliament of India.
The government and legislature of states.
All local authorities within Indian Territory.
All other authorities within Indian Territory.
All other authorities are administered by the Government.
Article 13: Violation of Fundamental Rights
It includes –

1. Pre Constitutional Law:

Doctrine of retrospectively
The doctrine of the eclipse
The doctrine of Severability;

2. Post Constitutional Law:

Currently, there are Six Fundamental Rights in the Indian Constitution

Right to Equality (Articles 14-18):

Equality before the law (Article 14):

Traditional view- The state shall not deny- “Equality before the law” and “equal protection of the laws”.

Modern view- The doctrine of proportionality.

Non- discrimination on grounds of religion, race, caste, etc (Article 15):

No discrimination shall be made by the State on the grounds of religion, sex, caste, place of birth, race or any of them.
The state can make Special provisions for women and children, protection of backward classes, Admission for Socially and educationally backward classes in public and private educational institutions, Advancement of any economically weaker section.

Equality of opportunity in public employment (Article 16):

It gives equality of opportunity in public employment,
Citizens shall not be discriminated against in respect of any employment,
The state can make reservations on the ground of residence, S.C./S.T or O.B.C economically weaker sections.

Abolition of untouchability (Article 17):

It provides that untouchability and its practice in any form are forbidden in India.
People’s Union for Democratic Rights v. Union of India.

Abolition of Title (Article 18):

It prohibits the State to confer any title except military or academic distinction,
Citizens of India have no right to accept any title from any foreign country,
Citizens for holding any office of profit under any foreign office shall have to take the consent of the President.

Right to Freedoms (Article 19 to Article 22)

Protection of rights in relation to freedom of speech etc. (Article 19)
It gives the Concept of Reasonable Restrictions.

Every citizen shall have the following rights:

Freedom of speech and freedom of expression,
Freedom to assemble peaceably without arms,
Freedom to form any party or any association or co-operative societies,
Freedom to move freely in India anywhere,
Freedom of residence in any part of the country,
Freedom to practice any profession, or carry on any occupation, trade, or business.

Protection in Conviction for offenses (Article 20):

It gives protection against ex post facto laws, protection against double jeopardy, protection against self-incrimination.

Protection of life and liberty (Article 21):

It states that law should embody the principle of natural justice.
The procedure established by law must satisfy the requirements of fairness and reasonableness.
Personal liberty includes human dignity.

Article 21 A: Right to education:

Inserted by 86th amendment act,
Free and compulsory education to all the children of the age of six to fourteen years by the State.
Protection against Arrest (Article 22):
Persons detained under ordinary laws have the Right to be informed of the grounds of arrest, the Right to be consulted and represented by a lawyer of choice, and the Right to be produced before a Magistrate within 24 hours of arrest.
Persons detained under preventive detention laws
No detention should be made for longer than three months ( two months by 44th amendment act),
The state shall communicate the grounds on which the order is made against such person and the opportunity of representation against such order.

Right Against Exploitation (Article 23 – 24)

Prohibition of Human Trafficking and Forced Labour(Article 23):
Trafficking in human beings, beggar, and any other form of forced labour is made punishable under this provision Although the State can impose compulsory service for public purposes.
Prohibition of Child Labour, employment of a child in factories, etc. (Article 24):
No one can force any child below the age of fourteen years to work in any factory or mine or any other hazardous employment.

Right to Freedom of Religion (Article 25 to Article 28)

Freedom of Conscience, Profession, Practice, and Propagation of religion (Article 25):
This Article empowers Secularism in India which means All persons have the right to freedom of conscience, and the right to freely profess, practice, and propagate religion although any economic, financial, political, or other secular activity related to religious practices can be subject to regulation by the State.

Freedom to Manage Religious Affairs (Article 26):

Every religious denomination has the right to establish religious institutions, manage its own religious matters, affairs related to property in accordance with the law.
Freedom from Taxes to Promote any particular Religion (Article 27):
The state can not compel any person for taxation related to expenses of maintenance of any particular religion.
Freedom to attend religious instruction or worship in certain educational institutions (Article 28):
When an educational institution is maintained out of State funds, no religious instruction can be provided therein [TMA Pai Foundation v. the state of Karnataka].

Educational and Cultural Rights (Article 29 -30)

Protection of Interests of Minorities to citizens residing in the territory of India (Article 29):
Every citizen has the right to conserve their distinct language, script, or culture of their own.
On the ground of religion, race, caste, language or any of them the State can not deny admissions to any citizen in the Institution maintained by State.
Right of Minorities to Establish and Administer Educational Institutions (Article 30):
All minorities have the right to establish and administer educational institutions of their choice,
The state shall not discriminate against educational institutions on grounds of the minority in granting aid to them.
Note: Right to property [Article 31] Repealed by the 44th constitutional amendment Act 1978, ( Section 6, w.e.f. 20-06-1979).

Right to Constitutional Remedies (Article 32-35)

Right to remedies for the enforcement of the fundamental rights to move the Supreme Court (Article 32)
Every person has the right to move to the Supreme Court if there is a violation of fundamental rights and that right can be enforced by using five writs: Habeas Corpus, Mandamus, Quo Warranto, Prohibition, Certiorari.

44th amendment act

The 44th Amendment Act was passed by the Indian Parliament in 1978, and it brought about several important changes to the Indian Constitution. The key changes made by the 44th Amendment Act are:

Restoration of Fundamental Rights: The 44th Amendment Act restored some of the fundamental rights that were suspended during the period of emergency declared in 1975. Specifically, the right to life and personal liberty could no longer be suspended during emergency periods.

Limitation on Emergency Powers: The 44th Amendment Act imposed certain limitations on the powers of the government to declare a state of emergency. For example, it required that the President of India obtain the opinion of the Cabinet before declaring an emergency, and it limited the duration of emergency periods to six months (which could be extended by Parliament for a maximum of one year).

Strengthening of Judiciary: The 44th Amendment Act strengthened the independence of the judiciary by restoring the power of the Supreme Court and High Courts to review the constitutional validity of laws.

Changes to the Preamble: The 44th Amendment Act added the words “Socialist” and “Secular” to the Preamble of the Indian Constitution.

Limitation on Electoral Participation: The 44th Amendment Act prohibited persons who have been disqualified from voting or holding public office from contesting elections.

Overall, the 44th Amendment Act was an important step towards strengthening the democratic institutions of India and protecting the fundamental rights of its citizens.

Different types of Writs

In the Indian legal system, writs are legal orders issued by the courts to government officials or bodies, and they are used to protect the fundamental rights of citizens. There are five types of writs recognized by the Indian Constitution:

Habeas Corpus: This writ is used to protect a person from illegal detention or imprisonment. It orders the person detaining another person to produce the detained person before the court to ensure that the detention is legal.

Mandamus: This writ is used to compel a public official or body to perform its legal duty. It orders the official or body to carry out a specific action that it is legally bound to do.

Prohibition: This writ is used to prevent a lower court or tribunal from exceeding its jurisdiction. It orders the lower court or tribunal to stop proceedings that fall outside its jurisdiction.

Certiorari: This writ is used to quash an order or decision passed by a lower court or tribunal that is beyond its jurisdiction or is illegal. It orders the lower court or tribunal to provide the record of the case so that the decision can be reviewed.

Quo Warranto: This writ is used to question the legal authority of a person holding a public office. It orders the person to show the legal authority or justification for holding the office.

These writs play an essential role in protecting the fundamental rights of Indian citizens and ensuring that the government officials and bodies operate within the limits of their legal authority.

Enforcement and Exceptional cases with regard to FR

Fundamental Rights are guaranteed by the Indian Constitution to all citizens, and they are enforceable by the courts. Any person whose fundamental rights are violated can approach the courts for redressal. The courts can issue writs to protect and enforce these rights, as explained in my previous answer.

However, there are certain exceptional cases where the enforcement of fundamental rights can be restricted or suspended. These cases include:

Emergency: During a national emergency, the government can suspend some fundamental rights under Article 352 of the Constitution. However, the right to life and personal liberty cannot be suspended.

Armed Forces: Members of the armed forces are subject to certain restrictions on their fundamental rights under the Armed Forces (Special Powers) Act, 1958. This act grants certain special powers to the armed forces in disturbed areas, where they can make arrests and use force if necessary.

Public Safety: The government can impose reasonable restrictions on fundamental rights in the interest of public safety, law and order, and morality. For example, the government can prohibit public gatherings in certain areas or impose a curfew during a riot or communal tension.

Educational Institutions: The government can impose reasonable restrictions on the fundamental rights of students in educational institutions in the interest of discipline, morality, and order. For example, students can be prohibited from forming political parties or taking part in political activities.

In general, the courts are vigilant in protecting fundamental rights, and they ensure that any restrictions on these rights are reasonable and necessary. The Constitution provides a mechanism for the enforcement of fundamental rights, and the courts play a crucial role in ensuring that citizens’ rights are protected.

Recent issues related to FR

As an AI language model, my training data only goes up to 2021, but I can provide some examples of recent issues related to fundamental rights in India that were prevalent at that time:

Citizenship Amendment Act (CAA): The Citizenship Amendment Act was passed in 2019, and it has been a contentious issue due to concerns over its impact on the rights of Muslim minorities. Critics argue that the Act violates the right to equality under Article 14 of the Constitution by granting citizenship to non-Muslims from neighboring countries, while excluding Muslims.

Internet Shutdowns: The frequent use of internet shutdowns in various parts of the country has been criticized for violating the right to freedom of speech and expression under Article 19 of the Constitution. The shutdowns are often imposed in response to protests or unrest, and they can last for days or even weeks.

Sedition Law: The sedition law, which is used to prosecute individuals for acts that are deemed seditious, has been criticized for being too broad and vague. Critics argue that it violates the right to freedom of speech and expression under Article 19 of the Constitution, and it is often used to stifle dissent and criticism of the government.

LGBTQ+ Rights: The Supreme Court’s decision to decriminalize homosexuality in 2018 was a significant step forward for LGBTQ+ rights in India. However, there are still concerns over discrimination and the lack of legal recognition for same-sex marriages, which some argue violate the right to equality under Article 14 of the Constitution.

Right to Privacy: The Supreme Court’s recognition of the right to privacy as a fundamental right in 2017 was a landmark decision. However, there are still concerns over the government’s use of surveillance technology and the lack of data protection laws, which could potentially violate the right to privacy under Article 21 of the Constitution.

These are just a few examples of recent issues related to fundamental rights in India, and there are many other ongoing debates and discussions on this topic.

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