Understand the various Fundamental Rights listed in the Constitution of India.
Learn how these rights are protected.
Examine the role of judiciary in safeguarding and interpreting rights.
Differentiate between Fundamental Rights and Directive Principles of State Policy.
The Importance of Rights
In any democratic society, rights are not only necessary for individual dignity but are also crucial for maintaining equality and justice. The Indian Constitution provides a detailed list of Fundamental Rights that are protected, but their real significance is realized through implementation and protection by the judiciary.
Examples Highlighting the Importance of Rights:
Exploitation of Workers: During the 1982 Asian Games construction work, laborers were paid less than minimum wage, violating their Right against Exploitation. Social scientists intervened, and the Supreme Court ensured that the workers received their due wages, demonstrating the power of judicial intervention.
Judicial Delay: Machal Lalung was imprisoned for 54 years without trial due to negligence. His case emphasizes the Right to Life and Liberty, which includes a right to a fair and speedy trial.
Fundamental Rights in the Indian Constitution
The Fundamental Rights are enshrined in Part III of the Constitution. These rights are vital because they impose necessary restrictions on the government, ensuring that it cannot act arbitrarily. The Fundamental Rights are enforceable in court, which distinguishes them from other rights that can be altered by ordinary laws.
Important Note: Fundamental Rights are protected by the Constitution and cannot be modified easily by the legislature. They can only be amended by the process of Constitutional amendment, safeguarding their permanence.
Right to Equality
Equality is central to democracy. It ensures that no individual is discriminated against based on caste, religion, gender, or place of birth.
Key Aspects of the Right to Equality:
Equality Before Law: Every person, regardless of status, enjoys equal protection under the law.
Prohibition of Discrimination: Discrimination on the basis of religion, race, caste, sex, or place of birth is prohibited, especially concerning access to public spaces and employment opportunities.
Abolition of Untouchability: The practice of untouchability is banned, ensuring that Dalits and other marginalized communities are not discriminated against.
Abolition of Titles: The state is prohibited from conferring titles except those given for military or academic distinction.
Example: In a hypothetical case, a Dalit customer was served tea in a different cup than his upper-caste friend. This would constitute a violation of the Right to Equality.
Right to Freedom
Freedom encompasses various aspects necessary for individual liberty, such as freedom of speech, assembly, movement, and profession.
Key Aspects of the Right to Freedom:
Freedom of Speech and Expression: Citizens can express their views freely but with reasonable restrictions such as public order and morality.
Freedom to Assemble Peacefully: People can hold peaceful assemblies, though the government can regulate them in specific situations for law and order.
Freedom of Movement: Citizens can move freely across Indian territory.
Right to Life and Personal Liberty: This right is extended to include the right to live with dignity, encompassing shelter, livelihood, and freedom from exploitation.
Preventive Detention: While preventive detention is permitted for maintaining law and order, it is limited to three months without judicial review, which is a delicate balance between liberty and security.
Right Against Exploitation
Exploitation is a severe issue in societies with vast inequalities. The Constitution specifically addresses forms of exploitation such as forced labor and child labor.
Key Aspects of the Right Against Exploitation:
Prohibition of Forced Labor: The Constitution forbids practices like begar (forced labor) and human trafficking.
Child Labor: Employment of children under 14 in hazardous jobs like factories and mines is banned, a provision strengthened by the Right to Education.
Important Note: The inclusion of child labor in the Constitution and its association with right to education has made the Right Against Exploitation more meaningful.
Right to Freedom of Religion
In a diverse country like India, religious freedom is critical for maintaining harmony and respecting individual choice.
Key Aspects of the Right to Freedom of Religion:
Freedom of Conscience: Citizens can profess, practice, and propagate any religion or none at all. This freedom is subject to public order, morality, and health.
Restrictions on Social Evils: Practices such as sati and bigamy have been restricted despite being part of some religious practices, as these were considered detrimental to societal health.
Equal Treatment of Religions: The government must treat all religions equally without endorsing any. India does not have an official religion, and public offices are open to people of all faiths.
Important Note: The right to propagate includes persuading others to follow one’s religion but prohibits forcible conversions.
Cultural and Educational Rights
India’s diverse culture requires protection of minority rights, ensuring that communities maintain their language, culture, and education systems.
Key Aspects of Cultural and Educational Rights:
Protection of Minorities: Both religious and linguistic minorities have the right to preserve their language and culture.
Establishing Educational Institutions: Minorities can set up their own educational institutions to preserve their culture, and the government cannot discriminate against them in granting aid.
Right to Constitutional Remedies
Rights are meaningless without the ability to enforce them. The Right to Constitutional Remedies ensures that citizens can move courts when their rights are violated.
Mechanisms of Constitutional Remedies:
Habeas Corpus: A person illegally detained must be brought before the court.
Mandamus: Directs officials to perform their duties.
Prohibition and Certiorari: Stop lower courts from exceeding jurisdiction and transfer matters to higher courts.
Quo Warranto: Challenges the legality of a person holding public office.
Important Note: Dr. B.R. Ambedkar called this the “heart and soul of the Constitution” because it empowers the courts to protect Fundamental Rights.
Directive Principles of State Policy
While Fundamental Rights impose restrictions on the government, the Directive Principles guide the government toward social welfare and economic equity.
Categories of Directive Principles:
Goals: These include welfare of the people, economic justice, and promotion of international peace.
Non-justiciable Rights: These include adequate livelihood, right to work, and equal pay for equal work.
Policies: These include uniform civil code, prohibition of alcohol, and promotion of village panchayats.
Comparison Table:
Fundamental Rights
Directive Principles of State Policy
Enforceable by courts
Not enforceable by courts
Focuses on individual rights
Focuses on societal welfare
Restraints government actions
Directs government policy
Examples: Right to Equality, Right to Freedom
Examples: Right to Work, Uniform Civil Code
Relationship Between Fundamental Rights and Directive Principles
The relationship between Fundamental Rights and Directive Principles is complementary but can sometimes lead to conflict. For instance, when the government sought to abolish the zamindari system, it clashed with the Right to Property. This conflict was resolved by making the Right to Property a legal right rather than a Fundamental Right through a constitutional amendment.
Important Note: The Kesavananda Bharati case clarified that Parliament can amend the Constitution but cannot alter its basic structure.
MCQ: Which of the following is not a Fundamental Right in the Indian Constitution?
a) Right to Equality b) Right to Freedom c) Right to Constitutional Remedies d) Right to Property