Legal and Fundamental Rights of Citizens of India

Why Are Rights Important for Any Citizen?

Legal rights and fundamental rights ensure that individuals live with dignity, autonomy, and freedom. In any democratic setup, rights serve as a shield against arbitrary state actions. They protect minorities, empower marginalized communities, and enable every citizen to participate in the nation-building process.

Constitutional Backing for Fundamental Rights

The Constitution of India, adopted on 26th January 1950, guarantees these rights under Part III. They are enforceable by law, meaning if a citizen’s rights are violated, they can seek protection through courts. This reflects the spirit of justice, liberty, equality, and fraternity as promised in the Preamble of the Constitution.

Why Are These Rights Called “Fundamental”?

They are called fundamental because:
– They are essential for the all-round development of individuals.
– They are enforceable by courts under Article 32.
– They form the backbone of democracy and rule of law.
– They cannot be suspended (except during a national emergency, and even then, some rights remain protected).

Key Features of Fundamental Rights

– Guaranteed by the Constitution (Part III).
– Enforceable through writs filed in High Courts or the Supreme Court.
– Applicable to all citizens (some rights extend to foreigners too).
– Subject to reasonable restrictions.
– Justiciable—citizens can move courts if their rights are violated.

Categories of Fundamental Rights in India

There are six major categories of fundamental rights under Articles 14 to 35:

1. Right to Equality (Articles 14–18)

This guarantees equality before the law and equal protection of the laws. It includes:
– Article 14: Equality before law
– Article 15: Prohibition of discrimination
– Article 16: Equality of opportunity in public employment
– Article 17: Abolition of untouchability
– Article 18: Abolition of titles (except military or academic distinctions)

Importance: Prevents social discrimination, ensures merit-based appointments.
Amendments/Enforcement: Enforced by courts; several judgments have strengthened equality.

2. Right to Freedom (Articles 19–22)

Ensures individual liberty, including:
– Article 19: Freedom of speech, movement, association, profession, residence
– Article 20: Protection in criminal offenses
– Article 21: Right to life and personal liberty
– Article 21A: Right to education (added by the 86th Amendment)
– Article 22: Protection against arrest and detention

Importance: Protects personal liberty and democratic participation.
Key Amendment: Right to Education made fundamental in 2002 (86th Amendment).

3. Right Against Exploitation (Articles 23–24)

Aimed at ending human trafficking and child labor:
– Article 23: Prohibition of traffic in human beings and forced labor
– Article 24: Prohibition of child labor in hazardous conditions

Importance: Safeguards human dignity and children’s rights.
Recent Update: Child Labour (Prohibition and Regulation) Amendment Act, 2016.

4. Right to Freedom of Religion (Articles 25–28)

India is a secular nation, and these rights guarantee religious freedom:
– Article 25: Freedom of conscience and free profession of religion
– Article 26: Manage religious affairs
– Article 27: No tax on religious promotion
– Article 28: Freedom in attending religious instruction in institutions

Importance: Promotes religious harmony and tolerance.
Landmark Judgment: Sabarimala case expanded women’s access to temples.

5. Cultural and Educational Rights (Articles 29–30)

These protect the identity of minorities:
– Article 29: Protection of culture, language of minorities
– Article 30: Right of minorities to establish educational institutions

Importance: Ensures diversity and inclusion.
Practical Use: Minority institutions enjoy specific protections and autonomy.

6. Right to Constitutional Remedies (Articles 32–35)

Known as the “heart and soul of the Constitution”, as per Dr. B.R. Ambedkar:
– Article 32: Right to approach the Supreme Court if any fundamental right is violated.
Types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto

Importance: Protects all other rights.
Famous Use: PIL (Public Interest Litigations) under Article 32 have transformed access to justice.

Who Enforces These Rights?

– Judiciary (Supreme Court & High Courts)
– National & State Human Rights Commissions
– Public Interest Litigations (PILs) by any citizen

Frequently Asked Questions (FAQ)

Q1: Can fundamental rights be suspended?
Yes, but only during a national emergency and not all rights (e.g., Article 20 and 21 remain active).

Q2: Are these rights available to foreigners?
Some rights like Article 14 and Article 21 apply to foreigners too.

Q3: Can Parliament amend fundamental rights?
Yes, but the basic structure of the Constitution cannot be altered (Kesavananda Bharati case, 1973).

Q4: What’s the difference between legal and fundamental rights?
Legal rights are granted by ordinary laws, while fundamental rights are constitutional and have a higher level of protection.

Final Thoughts

The Fundamental Rights of Indian citizens not only empower individuals but also create a system of accountability, justice, and fairness. Knowing and exercising these rights is crucial for every Indian. As India evolves, these rights continue to be interpreted and expanded through progressive judicial decisions, ensuring their relevance for future generations.