Fundamental Rights of India were included from the Magna Carta of England, the declaration of Rights of Man and Citizens (France), and the U.S. bill of rights. Indian Constitution Articles 12-35 are those rights that protect an individual from the atrocities of the State and these rights are protected and guaranteed by the constitution. These rights are regarded as ‘Fundamental‘ because they are most essential for the attainment of certain basic liberties and freedom in order to live a dignified life and the Constitutional Rights in India also allow an individual to move directly to the Supreme Court for the reinforcement of his/her fundamental right as and when they are violated or restricted.
List of Fundamental Rights of India: (Indian Constitution Articles 12-35)
Here is the list of various Indian Constitution Articles 12-35 provided by the Indian constitution as follows:
Article 12: State for the purposes of Fundamental Rights
State’ includes:
- The government and parliament of India.
- The government and legislature of states.
- All local authorities within Indian Territory.
- All other authorities within Indian Territory.
- All other authorities are administered by the Government.
Article 13: Violation of Fundamental Rights
It includes –
1. Pre Constitutional Law:
- Doctrine of retrospectively
- The doctrine of the eclipse
- The doctrine of Severability;
2. Post Constitutional Law:
Currently, there are Six Fundamental Rights in the Indian Constitution
In-Depth Analysis and Recent Developments of Fundamental Rights in India
1. Right to Equality (Articles 14-18)
- Analysis: This right ensures equality before the law and prohibits discrimination. It includes equality in public employment and the abolition of untouchability and titles.
- Recent Developments: The Supreme Court’s decision to decriminalize Section 377 is a significant step towards equality, ensuring the LGBTQ+ community is not discriminated against based on sexual orientation.
Equality before the law (Article 14):
Traditional view- The state shall not deny- “Equality before the law” and “equal protection of the laws”.
Modern view- The doctrine of proportionality.
Non- discrimination on grounds of religion, race, caste, etc (Article 15):
- No discrimination shall be made by the State on the grounds of religion, sex, caste, place of birth, race or any of them.
- The state can make Special provisions for women and children, protection of backward classes, Admission for Socially and educationally backward classes in public and private educational institutions, Advancement of any economically weaker section.
Equality of opportunity in public employment (Article 16):
- It gives equality of opportunity in public employment,
- Citizens shall not be discriminated against in respect of any employment,
- The state can make reservations on the ground of residence, S.C./S.T or O.B.C economically weaker sections.
Abolition of untouchability (Article 17):
- It provides that untouchability and its practice in any form are forbidden in India.
- People’s Union for Democratic Rights v. Union of India.
Abolition of Title (Article 18):
- It prohibits the State to confer any title except military or academic distinction,
- Citizens of India have no right to accept any title from any foreign country,
- Citizens for holding any office of profit under any foreign office shall have to take the consent of the President.
Right to Freedoms (Article 19 to Article 22)
2. Right to Freedom (Articles 19-22)
- Analysis: This encompasses various freedoms, including speech and expression, assembly, association, movement, residence, and profession.
- Recent Developments: The increasing debate over internet shutdowns and their impact on freedom of expression, especially in regions like Jammu and Kashmir, highlights the challenges in balancing national security and individual freedoms.
Protection of rights in relation to freedom of speech etc. (Article 19)
It gives the Concept of Reasonable Restrictions.
Every citizen shall have the following rights:
- Freedom of speech and freedom of expression,
- Freedom to assemble peaceably without arms,
- Freedom to form any party or any association or co-operative societies,
- Freedom to move freely in India anywhere,
- Freedom of residence in any part of the country,
- Freedom to practice any profession, or carry on any occupation, trade, or business.
Protection in Conviction for offenses (Article 20):
- It gives protection against ex post facto laws, protection against double jeopardy, protection against self-incrimination.
Protection of life and liberty (Article 21):
- It states that law should embody the principle of natural justice.
- The procedure established by law must satisfy the requirements of fairness and reasonableness.
- Personal liberty includes human dignity.
Article 21 A: Right to education:
- Inserted by 86th amendment act,
- Free and compulsory education to all the children of the age of six to fourteen years by the State.
Protection against Arrest (Article 22):
- Persons detained under ordinary laws have the Right to be informed of the grounds of arrest, the Right to be consulted and represented by a lawyer of choice, and the Right to be produced before a Magistrate within 24 hours of arrest.
- Persons detained under preventive detention laws
- No detention should be made for longer than three months ( two months by 44th amendment act),
- The state shall communicate the grounds on which the order is made against such person and the opportunity of representation against such order.
Right Against Exploitation (Article 23 – 24)
3. Right Against Exploitation (Articles 23-24)
- Analysis: Prohibits human trafficking, forced labor, and child labor.
- Recent Developments: The introduction of stricter laws and nationwide campaigns against child labor and human trafficking, including online platforms, marks progress in this area.
Prohibition of Human Trafficking and Forced Labour(Article 23):
- Trafficking in human beings, beggar, and any other form of forced labour is made punishable under this provision Although the State can impose compulsory service for public purposes.
Prohibition of Child Labour, employment of a child in factories, etc. (Article 24):
- No one can force any child below the age of fourteen years to work in any factory or mine or any other hazardous employment.
Right to Freedom of Religion (Article 25 to Article 28)
4. Right to Freedom of Religion (Articles 25-28)
- Analysis: Ensures religious freedom and prohibits religious discrimination.
- Recent Developments: The ongoing discussions and legal challenges around the Citizenship Amendment Act (CAA) and National Register of Citizens (NRC) have brought focus on religious rights and secularism in India.
Freedom of Conscience, Profession, Practice, and Propagation of religion (Article 25):
- This Article empowers Secularism in India which means All persons have the right to freedom of conscience, and the right to freely profess, practice, and propagate religion although any economic, financial, political, or other secular activity related to religious practices can be subject to regulation by the State.
Freedom to Manage Religious Affairs (Article 26):
- Every religious denomination has the right to establish religious institutions, manage its own religious matters, affairs related to property in accordance with the law.
Freedom from Taxes to Promote any particular Religion (Article 27):
- The state can not compel any person for taxation related to expenses of maintenance of any particular religion.
Freedom to attend religious instruction or worship in certain educational institutions (Article 28):
When an educational institution is maintained out of State funds, no religious instruction can be provided therein [TMA Pai Foundation v. the state of Karnataka].
Educational and Cultural Rights (Article 29 -30)
5. Cultural and Educational Rights (Articles 29-30)
- Analysis: Protects the interests of minorities by allowing them to preserve their languages, scripts, and cultures.
- Recent Developments: The National Education Policy (NEP) 2020 emphasizes the preservation of linguistic diversity and the promotion of multilingualism, aligning with these rights.
Protection of Interests of Minorities to citizens residing in the territory of India (Article 29):
- Every citizen has the right to conserve their distinct language, script, or culture of their own.
- On the ground of religion, race, caste, language or any of them the State can not deny admissions to any citizen in the Institution maintained by State.
Right of Minorities to Establish and Administer Educational Institutions (Article 30):
- All minorities have the right to establish and administer educational institutions of their choice,
- The state shall not discriminate against educational institutions on grounds of the minority in granting aid to them.
Note: Right to property [Article 31] Repealed by the 44th constitutional amendment Act 1978, ( Section 6, w.e.f. 20-06-1979).
Right to Constitutional Remedies (Article 32-35)
6. Right to Constitutional Remedies (Article 32)
- Analysis: Empowers citizens to approach the Supreme Court or High Courts for the enforcement of their Fundamental Rights.
- Recent Developments: The increasing use of Public Interest Litigations (PILs) for environmental protection, gender justice, and other public welfare issues showcases the dynamic nature of Article 32 in Indian Constitution.
Right to remedies for the enforcement of the fundamental rights to move the Supreme Court (Article 32 in Indian Constitution)
- Every person has the right to move to the Supreme Court if there is a violation of fundamental rights and that right can be enforced by using five writs: Habeas Corpus, Mandamus, Quo Warranto, Prohibition, Certiorari.
Conclusion: Upholding the Pillars of Democracy through Fundamental Rights
The Fundamental Rights enshrined in Articles 12 to 35 of the Indian Constitution form the cornerstone of democracy in India. These rights, ranging from the Right to Equality to the Right to Constitutional Remedies, not only protect the liberties of individuals but also uphold the collective ethos of our nation. Recent developments, such as the decriminalization of Section 377, the debates around internet freedom, and the implementation of the National Education Policy (NEP) 2020, reflect the evolving nature of these rights in contemporary society.
The dynamic interpretation of the Right to Freedom, the progressive steps against exploitation, and the ongoing discourse on religious and cultural rights underscore the resilience and adaptability of the Indian legal system. Moreover, the proactive use of Article 32 for Public Interest Litigations (PILs) highlights the active role of judiciary and citizens in safeguarding these rights.
As we navigate through the challenges of the 21st century, it is imperative that we continue to cherish, protect, and nurture these Fundamental Rights. They are not just legal mandates but are the essence of our democratic fabric, ensuring India’s growth as a diverse, inclusive, and just society.
In conclusion, the Fundamental Rights of India, as outlined in Articles 12 to 35, are not static legal provisions but living principles that adapt and evolve. They are instrumental in shaping a society that values dignity, equality, and freedom, forming the bedrock upon which the nation stands and progresses.
FAQs on Fundamental Rights of India (Articles 12-35)
1. What are the Fundamental Rights in the Indian Constitution?
Fundamental Rights, enshrined in Articles 12 to 35 of the Indian Constitution, are a set of rights that guarantee the civil liberties of all citizens. These rights protect individuals against state excesses and ensure a life of dignity, equality, and freedom.
2. How many Fundamental Rights are there in the Indian Constitution?
There are six Fundamental Rights listed in the Indian Constitution: Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right Against Exploitation (Articles 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), and Right to Constitutional Remedies (Article 32 in Indian Constitution).
3. Is education a Fundamental Right in India?
Yes, education is considered a Fundamental Right under Article 21A, which provides for free and compulsory education for children aged 6 to 14 years.
4. Can Fundamental Rights be amended or repealed?
Fundamental Rights can be amended, but the basic structure of the Constitution, including the essence of these rights, cannot be altered as per the Supreme Court’s rulings.
5. What is the significance of Article 32 in the context of Fundamental Rights?
Article 32 in Indian Constitution is known as the “heart and soul” of the Indian Constitution. It provides the right to constitutional remedies, allowing individuals to approach the Supreme Court for the enforcement of their Fundamental Rights.
6. Are Fundamental Rights absolute?
Fundamental Rights are not absolute and can be reasonably restricted under specific circumstances mentioned in the Constitution, such as public order, security of the state, decency, morality, etc.
7. What is the Right to Equality, and what does it entail?
The Right to Equality (Articles 14-18) ensures equality before the law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It also includes equality of opportunity in matters of employment.
8. How do Fundamental Rights protect citizens?
Fundamental Rights protect citizens by ensuring their basic human rights are not violated by the state. They provide a framework for a fair and just society where individuals can live with dignity and freedom.