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