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Introduction
Fundamental Rights form the bedrock of the Indian Constitution. They serve as essential safeguards for individuals against abuse by the state, guaranteeing liberties and shaping India as a truly democratic nation. If you're an IAS aspirant, grasp these basic liberties, along with their complexities, nuances, and current judicial interpretations to excel in the UPSC Civil Services Examination.
Constitutional Provisions
Fundamental Rights are enshrined in Part III of the Indian Constitution (Articles 12-35).
They act as powerful judicial tools allowing individuals to challenge actions of the state that infringe these rights.
Characteristics of Fundamental Rights
Mostly Negative: Primarily act as restrictions on the powers of the state.
Not Absolute: Can be balanced against the larger interests of the public, through reasonable restrictions imposed by the state.
Justiciable: The Supreme Court (under Article 32) and High Courts (under Article 226) act as powerful guardians of these rights.
Amendable: Parliament, through amending the Constitution (but subject to judicial review), can amend these rights (though not the basic structure of the Constitution).
Distinguishing Fundamental Rights from Ordinary Legal Rights
Characteristic | Fundamental Rights | Ordinary Legal Rights |
Source | Constitution of India | Laws enacted by Parliament or legislature |
Importance | Supreme, considered inalienable | Statutory, given by the law of the land |
Enforceability | Justiciable, enforceable in courts | Enforceable in courts according to legal procedures |
Historical Evolution of Fundamental Rights
Inspiration: Magna Carta, US Bill of Rights, Irish Constitution, Government of India Act 1935
Constituent Assembly Debates: Intense discussions surrounding the nature and scope of rights to be included. Result: the current system with reasonable restrictions.
Declaration of Human Rights in the General Assembly of the United Nations
Universal Declaration of Human Rights (1948): Monumental document defining basic human rights and freedoms.
Influence: Serves as inspiration for many constitutions including India's Fundamental Rights.
Nature of Fundamental Rights
Limitations: Rights aren't absolute, with the state able to impose reasonable restrictions in the interest of:
Public order, decency, and morality
Security of the State
Friendly relations with foreign states, etc.
Key Articles & Doctrines
Definition of State (Article 12): A broad definition, ensuring accountability of a wide range of state authorities.
Definition of Laws (Article 13): Wide scope, extending to custom and usage having the force of law.
Judicial Review and Fundamental Rights
Judiciary empowered to declare laws unconstitutional if they violate Fundamental Rights.
Doctrines to Balance Fundamental Rights and State Power
Doctrine of Prediction: Courts examine laws as a whole, rather than in isolation.
Doctrine of Separation: Judiciary declares unconstitutional acts severable from the rest of the law.
Doctrine of Severability: Invalid portions of law struck down, with valid portions remaining in force.
Doctrine of Eclipse: Law violating Fundamental Rights becomes dormant upon amendment of the Constitution; can be revived as the Constitutional position changes.
Classification of Fundamental Rights
Fundamental Rights in India are broadly divided into six categories:
Right to Equality (Articles 14-18):
Equality before the Law and Equal Protection of Law (Article 14): A foundational guarantee against arbitrary state action.
Prohibition of Discrimination on Certain Grounds (Article 15): Bars discrimination by the state on religion, race, caste, sex, or place of birth. Allows special provisions for women, children, and socially or educationally backward classes.
Equality of Opportunity in Matters of Public Employment (Article 16): Prohibits discrimination on the grounds listed in Article 15 and upholds state power to make special provisions for the advancement of any socially or educationally backward group.
Abolition of Untouchability (Article 17): This is an absolute right in the strictest sense as 'untouchability' is abolished altogether.
Abolition of Titles (Article 18): Only military and educational titles are permitted by the state.
Right to Freedom (Articles 19 to 22): This cluster of rights provides vital guarantees of individual liberties:
Six Freedoms (Article 19):
Freedom of Speech and Expression
Freedom to assemble peaceably and without arms
Freedom to form associations or unions
Freedom to move freely throughout the territory of India
Freedom to reside and settle in any part of India
Freedom to practice any profession, carry on any occupation, trade, or business (subject to reasonable restrictions by the state)
Protection in Respect of Conviction for Offenses (Article 20): Safeguards against ex-post facto laws, double jeopardy, and self-incrimination.
Protection of Life and Personal Liberty (Article 21): A broad umbrella encompassing personal liberty. Courts have significantly expanded its scope and meaning through judgments over time.
Protection Against Arrest and Detention in Certain Cases (Article 22): Provides procedural safeguards against unlawful detention, including right to be informed of grounds of arrest and the right to consult a legal practitioner.
Right Against Exploitation (Articles 23 and 24): Prohibits human trafficking, forced labor, and other forms of exploitation, particularly:
Prohibition of Traffic in Human Beings and Forced Labor (Article 23): Explicitly outlaws exploitation that violates human dignity.
Prohibition of Employment of Children in hazardous industries (Article 24): Aims to protect children and promote their healthy development.
Right to Freedom of Religion (Articles 25 to 28): This set of rights safeguards the secular fabric of India, protecting citizens from state religious interference and ensuring freedom of conscience:
Freedom of Conscience and Free Profession, Practice, and Propagation of Religion (Article 25): Allows individuals to believe, practice, and spread their religion peacefully.
Freedom to Manage Religious Affairs (Article 26): Entitles religious groups to manage their own affairs without state interference.
Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions (Article 28): Protects against forced religious instruction and protects secular character in certain institutions.
Cultural and Educational Rights (Articles 29 and 30): These protect the distinct identity of minorities:
Protection of Interests of Minorities (Article 29): Safeguards the linguistic and cultural autonomy of minorities.
Right of Minorities to Establish and Administer Educational Institutions (Article 30): Preserves minority communities' right to create and run institutions preserving their heritage.
Right to Constitutional Remedies (Article 32): Dr. B.R. Ambedkar called this the "heart and soul" of the Constitution. It provides the following writs:
Habeas Corpus: Protects against unlawful imprisonment, requires production of a detainee before a court to question whether detention is justified.
Mandamus: To compel public authorities to perform statutory duties.
Prohibition: Prevents lower courts or tribunals from exceeding their jurisdiction.
Certiorari: Used to quash decisions of lower courts if made without or in excess of their jurisdiction.
Quo Warranto: Restrains people from unlawfully holding public office.
Additional Important Constitutional Provisions:
Power of Parliament to Make Laws for Armed Forces (Article 33)
Martial Law and Fundamental Rights
Legislation Effecting Certain Fundamental Rights
Suspension of Fundamental Rights
Rights Outside Part III in the Constitution
Important Additional Constitutional Provisions Related to Fundamental Rights
Power of Parliament to Make Laws for Armed Forces (Article 33): Parliament can modify Fundamental Rights for serving members of the Armed Forces to ensure discipline and proper maintenance of order.
Martial Law and Fundamental Rights: In times of grave crisis when civil authority breaks down, the state can resort to Martial Law. Suspension of Fundamental Rights, even those under Article 21 (Right to Life and Personal Liberty), can occur. However, the courts act as a check to ensure that such instances are valid and don't overstep limits.
Legislation Effecting Certain Fundamental Rights: Certain laws can limit Fundamental Rights. To protect specific social objectives, Parliament can enact laws regarding reservations in education and employment for economically and socially backward classes, despite some impact on the Right to Equality.
Suspension of Fundamental Rights: During a National Emergency, Fundamental Rights (except those under Articles 20 and 21) can be suspended. The 44th Amendment added safeguards, requiring an emergency to be declared on written advice of the Cabinet and that such a declaration needs approval from Parliament within one month.
Rights Outside Part III in the Constitution: There are certain rights, though not explicitly defined as Fundamental Rights, that have the backing of judicial interpretation and form part of fundamental guarantees for individuals:
Right to Property: Initially a Fundamental Right, then moved outside Part III, making it susceptible to legislative adjustments while keeping some protection in place.
Right to Privacy: Reaffirmed as a crucial element of Article 21 (Right to Life and Personal Liberty).
Right to Travel Abroad: Part of the fundamental right to personal liberty under Article 21.
Right to Livelihood: Considered by the Supreme Court to be integral to the right to life under Article 21.
Previous Year UPSC Questions and Answers
Example Questions
Critically examine the Right to Freedom of Religion under Article 25 of the Indian Constitution. (UPSC Mains)
“Emergency provisions under the Indian Constitution strike a balance between the power of the State to protect its sovereignty and integrity, and protecting Fundamental Rights.” Analyse the statement, in the context of judicial interpretations. (UPSC Mains)
The Right to Privacy is an integral part of Right to Life and Personal Liberty guaranteed under Article 21 of the Constitution of India. Discuss. (UPSC Mains)
Example Answers (Keep these succinct; elaborate them as per UPSC word limits)
Outlines the freedoms granted under Art. 25, discusses restrictions allowed, and analyses landmark cases.
Explores the rationale behind emergency powers, safeguards present (e.g., judicial review), landmark judgments upholding individual rights even during emergencies.
Explains evolving interpretation of Art. 21, the Puttaswamy judgment, implications for Aadhaar etc.
Model Answer
Q.) Critically examine the Right to Freedom of Religion under Article 25 of the Indian Constitution.
Article 25 of the Indian Constitution enshrines the Right to Freedom of Religion, safeguarding individual freedom of conscience and the right to freely practice and propagate religion. This right signifies India's commitment to secularism, ensuring equal respect for all faiths without state preference. However, this right isn't absolute. For public order, morality, and health, the state can enact reasonable restrictions.
Courts have played a pivotal role in balancing this right against state interests. In the Shirur Mutt case, the Supreme Court defined ‘essential religious practices’ that enjoy constitutional protection. On the other hand, in the Sabarimala case, it struck down religious practices that restricted women's entry into the temple based on the ground of discrimination.
Several issues remain contentious. Laws against religious conversion are upheld under the guise of preventing forced conversion, but concerns persist about their misuse restricting individuals' ability to change their faith freely. Issues surrounding religious attire, such as the hijab, in educational institutions require delicate balancing of individual liberties and institutional rules.
In conclusion, Article 25 is a cornerstone of India's pluralistic society. Yet, its full potential depends on navigating complex questions of freedom of expression, gender equality, and the limits of state regulation. Continual judicial interpretation and public discourse are vital to ensure this right truly upholds religious freedom while fostering a harmonious society.
Important Notes:
Word count: Adapt this to align with specific UPSC limits.
Case references: Briefly explain the Shirur Mutt and Sabarimala judgments to strengthen your answer.
Additional thoughts: Consider mentioning how Article 25 interacts with other rights like the Right to Equality to make your answer more comprehensive.
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