All Papers/Social Justice, Human Rights and Social Welfare in India (2024-25)/Q10
Q10
15 Marks

Part C (Q10): Write a detailed note on the Fundamental Rights guaranteed by the Constitution of India.

Expert Answer

Fundamental Rights are the basic human rights enshrined in Part III (Articles 12 to 35) of the Constitution of India. They are guaranteed to all citizens without discrimination and are considered "fundamental" because they are essential for the survival, dignity, and holistic development of an individual.

Key Characteristics:

  • Justiciable: Unlike the Directive Principles of State Policy, Fundamental Rights are legally enforceable. If the state violates an individual's fundamental right, they can directly approach the Supreme Court (under Article 32) or High Courts (Article 226) for immediate redressal.
  • Not Absolute: They are subject to "reasonable restrictions" imposed by the state in the interest of national security, public order, decency, or morality. For example, freedom of speech does not give one the right to incite a riot.
  • Protection against the State: They are primarily a shield for the individual against the arbitrary or dictatorial actions of the State (the government and its agencies).

The Six Fundamental Rights:

  1. Right to Equality (Articles 14-18):

    • Guarantees equality before the law and equal protection of laws (Art 14).
    • Prohibits discrimination by the State on grounds of religion, race, caste, sex, or place of birth (Art 15).
    • Ensures equality of opportunity in public employment (Art 16).
    • Abolishes "Untouchability" and its practice in any form (Art 17).
    • Abolishes titles, except military and academic ones (Art 18).

  2. Right to Freedom (Articles 19-22):

    • Provides six vital democratic freedoms (Art 19): speech and expression, peaceful assembly, forming associations, free movement, residence, and practicing any profession.
    • Offers protection in respect of conviction for offenses, ensuring no ex-post-facto laws or double jeopardy (Art 20).
    • Protects life and personal liberty, stating no one can be deprived of it except according to procedure established by law (Art 21). Note: The Right to Education (Art 21A) was added later.
    • Offers protection against arbitrary arrest and preventive detention (Art 22).

  3. Right against Exploitation (Articles 23-24):

    • Prohibits human trafficking, forced labor (begar), and other similar forms of forced labor (Art 23).
    • Prohibits the employment of children below the age of 14 years in factories, mines, or any other hazardous employment (Art 24).

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

    • Secures the secular nature of India by giving every person the right to freely profess, practice, and propagate any religion of their choice, subject to public order, morality, and health.

  5. Cultural and Educational Rights (Articles 29-30):

    • Protects the rights of religious and linguistic minorities to conserve their distinct culture, language, and script.
    • Gives all minorities the right to establish and administer their own educational institutions.

  6. Right to Constitutional Remedies (Article 32):

    • Called the "heart and soul of the Constitution" by Dr. B.R. Ambedkar, it empowers citizens to move the Supreme Court directly by appropriate proceedings for the enforcement of the Fundamental Rights. The Supreme Court has the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari) to enforce these rights.