Indian Constitution: Fundamental Rights

Fundamental Rights

• Guaranteed by the Constitution to all citizens of India
• Enshrined in Part III of the Constitution (Articles 12-35)
• Six fundamental rights:
  1. Right to Equality (Articles 14-18): equality before law, social equality, and equal opportunities
  2. Right to Freedom (Articles 19-22): freedom of speech, expression, assembly, association, movement, and residence
  3. Right against Exploitation (Articles 23-24): prohibition of trafficking, forced labor, and child labor
  4. Right to Freedom of Religion (Articles 25-28): freedom of conscience, free profession, practice and propagation of religion
  5. Cultural and Educational Rights (Articles 29-30): protection of interests of minorities, right to conserve language, script, and culture
  6. Right to Constitutional Remedies (Articles 32-35): right to move the Supreme Court for enforcement of fundamental rights

Directive Principles of State Policy

• Enshrined in Part IV of the Constitution (Articles 36-51)
• Non-justiciable, meaning they are not enforceable by the courts
• Intend to guide the government in policymaking and governance
• Key principles:
  • Social welfare and justice
  • Economic development and equality
  • International peace and security
  • Protection of environment and natural resources
  • Promotion of international cooperation and respect for international law

Separation of Powers

• Division of powers between the legislative, executive, and judicial branches of government
• Ensures checks and balances on each branch to prevent concentration of power
• Key features:
  • Legislative (Parliament): makes laws
  • Executive (President and Council of Ministers): implements laws
  • Judiciary (Supreme Court and High Courts): interprets laws and resolves disputes

Federalism

• India is a federal state with a dual government system
• Power is divided between the Centre (Union Government) and the States
• Key features:
  • Division of Powers: Centre and States have separate jurisdictions and powers
  • Distribution of Revenues: Centre and States share revenue through taxation and grants
  • Autonomy: States have autonomy in matters not assigned to the Centre

Amendment Process

• The Constitution can be amended through a formal process
• Key steps:
  1. Introduction of a Bill: in either House of Parliament (Lok Sabha or Rajya Sabha)
  2. Passage by Both Houses: requires majority in each House
  3. Assent of the President: the President must sign the Bill into law
• Types of amendments:
  • Simple Majority: requires simple majority in each House
  • Special Majority: requires two-thirds majority in each House and ratification by at least half of the States

Fundamental Rights

• Guaranteed to all citizens of India by the Constitution
• Enshrined in Part III of the Constitution (Articles 12-35)
• Comprise six fundamental rights:

Right to Equality

• Ensures equality before law, social equality, and equal opportunities
• Enshrined in Articles 14-18

Right to Freedom

• Includes freedom of speech, expression, assembly, association, movement, and residence
• Enshrined in Articles 19-22

Right against Exploitation

• Prohibits trafficking, forced labor, and child labor
• Enshrined in Articles 23-24

Right to Freedom of Religion

• Ensures freedom of conscience, free profession, practice, and propagation of religion
• Enshrined in Articles 25-28

Cultural and Educational Rights

• Protects the interests of minorities and the right to conserve language, script, and culture
• Enshrined in Articles 29-30

Right to Constitutional Remedies

• Allows citizens to move the Supreme Court for enforcement of fundamental rights
• Enshrined in Articles 32-35

Directive Principles of State Policy

• Enshrined in Part IV of the Constitution (Articles 36-51)
• Non-justiciable, meaning they are not enforceable by the courts
• Guide the government in policymaking and governance
• Key principles include:
• Social welfare and justice
• Economic development and equality
• International peace and security
• Protection of environment and natural resources
• Promotion of international cooperation and respect for international law

Separation of Powers

• Ensures division of powers between the legislative, executive, and judicial branches of government
• Prevents concentration of power through checks and balances on each branch
• Key features:

Legislative

• Parliament makes laws

Executive

• President and Council of Ministers implement laws

Judiciary

• Supreme Court and High Courts interpret laws and resolve disputes

Federalism

• India is a federal state with a dual government system
• Power is divided between the Centre (Union Government) and the States
• Key features:
• Division of powers between the Centre and States
• Distribution of revenues through taxation and grants
• Autonomy of States in matters not assigned to the Centre

Amendment Process

• The Constitution can be amended through a formal process
• Key steps:
• Introduction of a Bill in either House of Parliament (Lok Sabha or Rajya Sabha)
• Passage by both Houses of Parliament
• Assent of the President
• Types of amendments:
• Simple Majority requires a simple majority in each House
• Special Majority requires two-thirds majority in each House and ratification by at least half of the States

Test your knowledge of the fundamental rights guaranteed by the Indian Constitution to all citizens, enshrined in Part III of the Constitution.