Fundamental Rights, enshrined in Part III (Articles 12-35) of the Indian Constitution, guarantee equality, freedom, religious liberty, and protection against exploitation. Covering six fundamental rights including Article 21 and Article 32, they safeguard individual dignity and provide judicial remedies against arbitrary State action.

The Fundamental Rights provide a constitutional guarantee for individual liberty, equality and dignity. They are under Part III of the Indian Constitution from Articles 12-35, and are viewed as indispensable to a democratic society. Constitution makers borrowed a lot from various constitutional traditions, with that of the American Bill of Rights being closest, but adapting this idea to Indian conditions and circumstances. They guarantee protection against arbitrary State action and provide constitutional guarantees of equality, freedom, religious liberty and cultural identity.

What Are Fundamental Rights?

Fundamental Rights are the basic human rights guaranteed in the Constitution for the protection of freedom, equality and dignity of individuals.

Part III contains rights that are more protected than a regular legal right, and this is why it is included in Part III. Conversely, separate Fundamental Rights are different in scope. Some are limited to Indian persons, and others are open to everyone, including foreigners.

Six Fundamental Rights in the Indian Constitution

The original Constitution of India contained seven heads of Fundamental Rights. Subsequently, the 44th Constitutional Amendment Act, 1978 removed the Right to Property from Part III.

Right to Equality: Articles 14 to 18 

The Right to Equality ensures that the State does not discriminate against people and that all citizens get equal protection of law.

Article 14: Equality Before Law

• Article 14: The State shall not deny to any person equality before the law and equal protection of the laws within the territory of India.
• Understood as a principle of legality, it is intimately associated with the rule of law and safeguards against arbitrary State action.
• But equality does not imply that everybody should always get the same treatment. The Constitution allows for reasonable classification when there is a basis for distinction.

Article 15: Prohibition of Discrimination

• Article 15 prohibits the state from discriminating against a citizen only on grounds of religion, race, caste, sex or place of birth.
• It also includes protection against denial of access to public venues, including stores, restaurants, hotels and sites of public entertainment, as well as the utilisation of particular public facilities.
• Special provisions for women and children, Socially and Educationally Backward Classes of Citizens (SEBC), Scheduled Castes and Scheduled Tribes (SC/ST) are allowed by the Constitution as per constitutional needs.

Section 16: Per mensem opportūnitātum ad cīvile efficiēntiam

• Article 16: Equality of opportunity in matters of public employment
• The Constitution prohibits discrimination on the grounds of religion, race, caste, sex or place of birth (or a combination thereof), subject to the provisions of this Constitution.
• In addition, the Constitution allows for reservation and other special provisions for certain socially backward people.

Article 17: Abolition of Untouchability

• Article 17: Abolition of Untouchability and prohibition of its practice in any form.
• It is a significant constitutional safeguard against caste-based social discrimination. Parliament has also passed legislation to give effect to this constitutional ban.

Article 18: Abolition of Titles

• Article 18 prohibits the State from conferring exclusive titles, excepting military and academic distinctions.
• The purpose of this provision is to prohibit the formation of artificial social hierarchies created by State-granted titles.

Right to Freedom: Articles 19 to 22 

The Right to Freedom protects important civil liberties which are essential for democratic participation and personal liberty.

Article 19: Six Freedoms

• Article 19 provides for six rights to the citizens
• Freedom of speech and expression
• The Right to Assemble Peaceably and without Arms
• The right to freedom of association, unions and cooperative societies
• Freedom to move freely for any period all over India
• Freedom to live and move across India
• Freedom of profession or occupation, trade or business

These freedoms are subject to the reasonable restrictions permitted by the Constitution.

Article 20: Protection in Respect of Conviction for Offences

Valid safeguards to persons accused of the Commission of criminal offences are guaranteed by Article 20.

It protects against:

• Ex post facto criminal laws — no one can be punished for an act which was not a crime at the time it was committed.
• Double jeopardy – no one can be tried and convicted for the same offence twice.
• Right against self-incrimination — no person accused of an offence shall be compelled to be a witness against himself.

Article 21: Protection of Life and Personal Liberty

• Any person shall not be deprived of his life or personal liberty save in accordance with procedure established by law is guaranteed under Article 21.
• Article 21 has been interpreted expansively by the Supreme Court over the years. Due to such interpretation, various aspects have been added within the ambit of a dignified life, for example, RIGHT TO PRIVACY.
• Another significant aspect is that Article 21 does not only protect the citizens of India but every person.

Article 21A: Right to Education

The right to free and compulsory education for children up to 6–14 years of age is guaranteed under Article 21 (A).

It was inserted in the Constitution of India by the 86th Constitutional Amendment Act, 2002.

Article 22: Protection against Arrest and Detention 

Article 22: Protection against arrest and detention in certain cases.

Anyone being arrested usually has the right to:

• Know the grounds of arrest
• Consult and be defended by a legal practitioner
• Be brought before a magistrate within 24 hours

The Article also contains separate provisions concerning preventive detention and constitutional exceptions.

Article 23 and 24: Right Against Exploitation 

These provisions aim to prevent trafficking, forced labour and exploitative conditions of child employment

Article 23: Prohibition of Human Trafficking and Forced Labour

• Article 23 prohibits trafficking of persons, begar and other similar forms of forced labour.
• The State can make provision for compulsory service of citizens in the service of public purposes, but not discriminatory against any person or class.

Article 24: Prohibition of Child Labour in Hazardous Employment

• Children below the age of 14 years are not allowed to work in any factory, mine or hazardous employment under Article 24.
• Support for this constitutional protection comes with legislation regulating and prohibiting it.

Article 25 to 28: Right to Freedom of Religion

Articles 25 to 28: The Constitution provides for the freedom of religion and therefore helps in constructing the foundational structure that defines India's secular system.

Article 25: Freedom of Conscience and Religion

• Article 25 grants us freedom of conscience and free profession, practice and propagation of religion.
• Such freedom is subject to the provisions of public order, morality, health and other provisions of Part III.
• The right to propagate religion does not mean an unrestricted right to coerce or deceptively convert someone.

Article 26: Management of Religious Affairs

Article 26 gives every religious denomination or section thereof the right, subject to constitutional limitations, to:

• Establish and maintain institutions for religious and charitable purposes
• Manage its own affairs in matters of religion
• Own and acquire property
• Administer its property according to law

Article 27: Freedom From Religious Taxation

• Article 27 protects individuals from being compelled to pay a tax specifically appropriated for promoting or maintaining a particular religion or religious denomination.

Article 28: Religious Instruction in Educational Institutions

Article 28 deals with religious instruction in educational institutions.

Generally, no religious instruction can be provided in an institution wholly maintained out of State funds, subject to the exceptions provided by the Constitution.

Articles 29 and 30: Cultural and Educational Rights 

These provisions protect India's cultural and linguistic diversity and safeguard minority educational interests.

Article 29: Protection of Language, Script and Culture 

• Article 29 provides that any section of citizens having a distinct language, script or culture of its own shall have the right to conserve the same.
• It also safeguards citizens against denial of admission to State-run or State-supported schooling establishments on particular grounds like religious beliefs, race, caste or language.

Article 30: Minority Educational Institutions

• Article 30: The members of the religious and linguistic minorities shall have the right to establish and administer educational institutions of their choice.
• This aims to help minority communities retain their linguistic and educational identity.

Right to Constitutional Remedies (Article 32)

Fundamental Rights are enforced through Article 32, which provides the constitutional framework.

Under Article 32, the affected person directly approaches the Supreme Court in case there is a violation of his Fundamental Right.

The Supreme Court can grant five major types of writs:

• Habeas Corpus: protection against unlawful detention.
• Mandamus: directs a public authority to perform a legal duty.
• Prohibition: prohibits either lower courts/ tribunal from going beyond its bound by writ.
• Certiorari: quashes an order of a lower court or tribunal in the proper case.
• Quo Warranto: challenges the illegal assumption of a public office.

Article 226 also confers power on High Courts to issue writs. They may issue writs not only for the enforcement of Fundamental Rights, but also "for any other purpose", which is why their writ jurisdiction is more expansive.

Articles 33 to 35: Specific Provisions

The provisions after 32 cover certain features of the fundamental rights.

Section 33: Fundamental Rights and the Armed Forces

Article 33 gives Parliament the authority to make laws that can alter how some Fundamental Rights apply to soldiers, forces engaged in public order maintenance and intelligence agencies and their staff.

Article 34: Martial Law

Article 34 provides for the operation of martial law in any area and empowers Parliament to provide for an immunity from suit or other legal proceedings for certain acts done in connection with the maintenance of order during martial law.

Article 35: Parliament's Legislative Power

Article 35 of the Constitution gives exclusive competence to Parliament to legislate, with respect to certain matters specified in Part III of the Constitution, where it requires legislation by law.

Conclusion

Fundamental Rights are one of the most essential characteristics of the Indian Constitution. They guard against the arbitrary action of the State and guarantee constitutional rights for equality, freedom, religious liberty and protection from exploiters and cultural survival. These rights, provided for in Part III from Articles 12 to 35, are accompanied by judicial remedies. Of these, Article 32 occupies a prominent position because it allows individuals to directly reach the Supreme Court for the enforcement of their Fundamental Rights.

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