Part III of the Constitution contains a long list of fundamental rights. This chapter of the Constitution of India has very well been described as the Magna Carta of India. The fundamental rights are deemed essential to protect the rights and liberties of the people against the encroachment of the power delegated by them to their Government. These rights are regarded as fundamental because they are essential for the attainment by the individual of his full intellectual, moral, and spiritual status. The main objective behind the inclusion of this chapter was to establish a ‘Government of law and not of man’ i.e. establish the Rule of Law. These rights are not only enshrined in the Constitution which guarantees them but also are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law.
Fundamental rights are very important because they are like the backbone of the country. They are essential for safeguarding the people’s interests. According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an express provision for judicial review. The SC and the High Courts can declare any law unconstitutional because it is violative of fundamental rights. Article 13 talks about not just laws, but also ordinances, orders, regulations, notifications, etc. As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental rights.
The fundamental rights as incorporated in the Indian Constitution can be classified under the following six groups:
Right to equality (Articles 14-18)
Right to freedom (Articles 19-22)
Right against exploitation (Articles 23-24)
Right to freedom of religion (Articles 25-29)
Cultural and educational rights (Articles 29-30)
Right to constitutional remedies (Articles 32-35)
The 44th Constitutional Amendment Act, 1978 has abolished the right to property as a fundamental right as guaranteed by Article 19(1)(f) and Article 31 of the Constitution, and hence these two have been omitted.
Articles 14 to 18 guarantee the right to equality for every citizen of India. Article 14 embodies the general principles of equality before the law and prohibits unreasonable discrimination between persons. Article 14 embodies the idea of equality expressed in the Preamble. Article 15 relates to the prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. These articles also guarantee equality of opportunity in matters of public employment and abolish ‘Untouchability’ and titles. Personal liberty is the most important of all fundamental rights.
Article 19 guarantees six fundamental freedoms– Freedom of Speech and Expression, Freedom of Assembly, Freedom to form Associations or Unions or Co-operative Societies, Freedom of movement, Freedom to reside and settle, and Freedom of the profession, occupation, trade, or business. However, these freedoms are not ‘absolute’ as there are reasonable restrictions imposed on them. Right against exploitation implies the prohibition of traffic in human beings, begar, and other forms of forced labor. It also implies the prohibition of employment of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.
Article 21 provides two rights- The Right to Life and the Right to Personal Liberty. The Supreme Court of India has described this right as the ‘heart of fundamental rights’. The right specifically mentions that no person shall be deprived of life and liberty except as per the procedure established by law. This implies that this right has been provided against the State only. State here includes not just the government, but also, government departments, local bodies, the Legislatures, etc. Judicial intervention has ensured that the scope of Article 21 is not narrow and restricted. It has been widened by several landmark judgments.
Right to Freedom of Religion (Articles 25 – 28) indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice, and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, and establish and maintain religious and charitable institutions.
Cultural and Educational Rights (Articles 29 – 30) protect the rights of religious, cultural, and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.
Right to Constitutional Remedies (Articles 32 – 35) guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.
The Directive Principles of State Policy contained in Part IV of the Constitution (Articles 36-51) set out the aims and objectives to be taken up by the States in the governance of the country. This is borrowed from the Constitution of Ireland which had copied it from the Spanish Constitution. At one time it was thought that the State was mainly concerned with the maintenance of law and order and the protection of life, liberty, and property of the subject. Such a restrictive role of the State is no longer a valid concept. Today, we are living in a Welfare State which has to promote the prosperity and well-being of the people. The Directive Principles lay down certain economic and social policies to be pursued by the Government.