Class 11 Polity Chapter 1: Fundamental Rights of Indian Constitution

Fundamental rights lie at the heart of India’s constitutional framework, embodying the aspirations and values of its citizens.

Engraved in the Indian Constitution, these rights represent the culmination of a long struggle for freedom and justice.

Fundamental Rights of Indian Constitution

During the freedom struggle, leaders realized the significance of rights and demanded that the British rulers respect the rights of the people. As early as 1928, the Motilal Nehru committee called for a bill of rights. Therefore, when India gained independence and drafted its Constitution, there was a consensus on the need for a bill of rights.

Yes, you can think of the bill of rights like a warranty card you receive when purchasing a TV or a fan. It guarantees certain protections and remedies in case of violations.

The South African Constitution, inaugurated in December 1996, emphasizes the importance of its Bill of Rights, considering it a cornerstone of democracy. It prohibits discrimination on various grounds and grants an extensive range of rights to citizens, enforced by a special constitutional court.

In the Indian Constitution, the rights listed are called ‘fundamental rights,’ suggesting their paramount importance. These rights are specially protected and safeguarded against violation by the government. Unlike ordinary legal rights, fundamental rights are protected and guaranteed by the constitution itself and can only be changed by amending the constitution. The judiciary has the responsibility to ensure that government actions do not violate fundamental rights, although reasonable restrictions can be placed on the exercise of these rights.

Historical Context

The demand for fundamental rights traces back to India’s freedom struggle, where leaders such as Motilal Nehru advocated for a bill of rights as early as 1928.

Recognizing the importance of protecting individual liberties, the framers of the Constitution ensured the inclusion of fundamental rights as a cornerstone of India’s democratic ethos.

Nature of Fundamental Rights

Fundamental rights hold a distinct status within the legal framework of India. Unlike ordinary legal rights, which are protected by regular legislation, fundamental rights are safeguarded by the Constitution itself.

This elevated status underscores their significance and ensures that they cannot be easily altered or infringed upon.

Constitutional Protection

The term “fundamental” signifies the paramount importance accorded to these rights within the constitutional scheme. The Constitution delineates specific provisions to safeguard fundamental rights, making it incumbent upon the government to uphold and protect them.

Any action by the executive or legislative branches that contravenes fundamental rights can be challenged and deemed illegal by the judiciary.

Role of the Judiciary

The judiciary plays a pivotal role in upholding fundamental rights, serving as a bulwark against governmental overreach. Through judicial review, courts have the authority to strike down laws or executive actions that violate fundamental rights or impose unreasonable restrictions on them.

This mechanism ensures accountability and preserves the integrity of the constitutional framework.

Limitations and Restrictions

While fundamental rights are protected, they are not absolute. The government may impose reasonable restrictions on the exercise of these rights in certain circumstances, such as maintaining public order, morality, or national security.

However, such restrictions must adhere to the principles of fairness, proportionality, and constitutional validity.

Conclusion

Fundamental rights represent the bedrock of India’s democracy, serving as guarantors of individual freedoms and dignity. Their inclusion in the Constitution reflects a commitment to justice, equality, and the rule of law.

As guardians of these rights, both citizens and the judiciary play a vital role in ensuring their protection and preservation for future generations.

Fundamental Rights of Indian Constitution- FAQs

What are fundamental rights in the Indian Constitution?

Fundamental rights are a set of essential rights guaranteed to Indian citizens by the Constitution. These rights encompass individual liberties such as the right to equality, freedom of speech and expression, right to life and personal liberty, freedom of religion, and the right to constitutional remedies.

How are fundamental rights different from ordinary rights?

Fundamental rights are distinguished from ordinary legal rights in several ways. Unlike ordinary rights, which are protected by regular legislation, fundamental rights are enshrined in the Constitution itself. They hold a higher status and can only be amended through a constitutional process.

What is the role of the judiciary in protecting fundamental rights?

The judiciary plays a crucial role in safeguarding fundamental rights by exercising the power of judicial review. Courts have the authority to strike down laws, executive orders, or actions that violate fundamental rights or impose unreasonable restrictions on them. Through this mechanism, the judiciary ensures accountability and upholds the integrity of the constitutional framework.

Can fundamental rights be restricted?

While fundamental rights are fundamental to individual liberties, they are not absolute and can be subject to reasonable restrictions under certain circumstances. The government may impose restrictions on fundamental rights in the interest of public order, morality, security, or the sovereignty and integrity of the nation. However, such restrictions must be proportionate and adhere to constitutional principles.

How are fundamental rights protected against governmental overreach?

Fundamental rights are protected against governmental overreach through the principle of judicial review. Citizens can challenge any government action or legislation that violates their fundamental rights in court. The judiciary has the authority to declare such actions or laws unconstitutional and nullify them, ensuring that the government operates within the bounds of the Constitution and respects individual liberties.