Fundamental Rights in India's Constitution

Fundamental Rights of Indian Citizens

• The Constitution of India guarantees fundamental rights to all citizens to ensure a just and egalitarian society.
• These rights protect individuals from state interference and ensure their basic freedoms and dignities.

Definition of State

• Article 12 defines "the State" within the context of Fundamental Rights.
• It includes the Government, Parliament, and various state organs like the Judiciary, executive, and local authorities.

Equality Before the Law

• Article 14 guarantees "Equality before the Law" and "Equal Protection of the Laws" for all citizens.
• This means that the law applies uniformly to everyone, regardless of their status, background, or beliefs.

Prohibition of Discrimination

• Article 15 prohibits discrimination based on religion, race, caste, sex, or place of birth.
• This ensures equal treatment and opportunities for everyone.

Equality of Opportunity in Public Employment

• Article 16 promotes equality of opportunity in government jobs.
• It prevents discrimination and ensures merit-based selection processes.

Abolition of Untouchability

• Article 17 abolishes the practice of untouchability, which was a historical social evil in India.
• This article aims to create a society where all individuals have equal social dignity and rights.

Abolition of Titles

• Article 18 prohibits the State from conferring titles on individuals, except for military and academic awards.
• This provision aims to prevent the rise of a hereditary aristocracy and promotes a merit-based society.

Protection of Certain Rights

• Article 19 guarantees fundamental rights related to freedom of speech and expression, assembly, association, movement, residence, and profession.

Protection in respect of convictions for offenses:

• Article 20 provides safeguards against retrospective criminal legislation, double jeopardy, and self-incrimination.

Protection of Life and Personal Liberty

• Article 21 guarantees the right to life and personal liberty.
• It has been interpreted broadly by the Supreme Court to include various rights, such as:
  • Right to livelihood
  • Right to a pollution-free environment
  • Right to privacy
  • Right to shelter
  • Right to health
  • Right to free education up to 14 years of age
  • Right to free legal aid
  • Right to information
  • Right to electricity

Right to Education

• Article 21A recognizes the right to education as a fundamental right.
• This has been declared a fundamental right by the 86th Amendment (2002).
• The Supreme Court considers this right the 'heart of fundamental rights'.

Protection against Arrest and Detention

• Article 22 provides safeguards against arbitrary arrest and detention.
• Those arrested must be informed of the reason for their arrest and have the right to consult a lawyer.
• They must be produced before a magistrate within 24 hours of arrest.
• These protections do not apply to enemy aliens or people arrested under Preventive Detention laws.

Prohibition of Traffic in Human Beings and Forced Labor

• Article 23 prohibits the traffic in human beings and forced labor.
• It aims to prevent exploitation and safeguard individual freedom.

Prohibition of Employment of Children in Factories

• Article 24 prohibits the employment of children in factories and hazardous occupations.
• This aims to protect children's rights and ensure their well-being.

Freedom of Religion

• Article 25 guarantees the freedom of conscience and the free profession, practice, and propagation of religion.
• This right allows individuals to choose their religion freely and practice it according to their beliefs.

Freedom to Manage Religious Affairs

• Article 26 gives religious denominations or their sections the freedom to manage their religious affairs.

Freedom from Taxation for the Promotion of a Religion

• Article 27 prohibits the state from imposing taxes for the promotion of any particular religion.

Freedom from Attending Religious Instruction

• Article 28 protects individuals from being compelled to attend religious instruction or take part in religious ceremonies in state-funded educational institutions.

Protection of Interests of Minorities

• Article 29(1) recognizes the rights of any section of the citizens to conserve their language, script, or culture.
• Article 29(2) prohibits the state from discriminatory access to educational institutions.

Rights of Minorities

• Article 30(1) grants religious or linguistic minorities the right to establish and administer educational institutions of their choice.
• Article 30(2) prohibits the state from discriminating against minority institutions while granting aid to educational institutions.

Right to Property

• Article 31, which dealt with the right to property was repealed by the 44th Amendment Act (1978)

Right to Constitutional Remedies

• Article 32 guarantees the right to constitutional remedies, which is considered the 'soul and heart of the Constitution'.
• This right allows individuals to approach the Supreme Court for enforcing fundamental rights.

Types of Writs

• The Supreme Court has the power to issue five types of writs:

Habeas Corpus

• This writ is used to secure the release of someone illegally detained, ensuring their freedom and protecting personal liberty.

Mandamus

• It is used to direct public authorities to perform their legal duties.

Certiorari

• This writ is issued to quash the orders of a lower court or tribunal that has acted in excess of its jurisdiction or violated principles of natural justice.

Prohibition

• This writ is issued to prevent a lower court or tribunal from proceeding further in a matter where it has no jurisdiction or has violated principles of natural justice.

Quo Warranto

• This writ is used to inquire into the validity of a person's right to hold a public office.