Idea on Fundamental Rights in Indian Constitution

Our fundamental rights are elaborated comprehensively under part III of The Constitution. Our Constitution was adopted on 26th November 1949. It was enforced from 26th November 1950. We, the people of India, were given Fundamental rights to enjoy the Freedom of life. Fundamental rights in the Indian Constitution guarantee that every person of India, regardless of their religion, will live peacefully throughout the vast territory of the country. The Fundamental Rights are granted to every citizen of India despite their race, religion, color, language, caste, deformity, and so on. 

Origin of Fundamental rights

A person can’t be treated equally unless they have certain rights to make them equal. So the necessity of Fundamental rights was realized during the battle for independence. The idea of the Fundamental rights was taken from the Constitution of the U.S.A, also known as the Bill of Rights, France’s Declaration of Bill of Rights of Man, Development of the Irish Constitution, and England’s Bill of Rights. Also, India signed the Universal Declaration on Human Rights on 1st January 1842. The Universal Declaration of Human Rights is also called the father of human rights in legal history. That’s why Part III of The Indian Constitution is called the Magna Carta of India.

Brief About the different features of Fundamental Rights

There are certain features of Fundamental Rights every person should know.

1. Fundamental Rights in the Indian Constitution are available only for Indian Citizens. A foreigner can’t demand Fundamental Rights. Though they were provided with fundamental duties. Some of Fundamental 
2. Fundamental rights may have an absolute effect, but there are certain reasonable restrictions imposed on them. The necessity of social control and eradicating fancy demands of citizens is provided.
3. The Indian Supreme Court guarantees the fundamental rights of people. 
4. Any Act or law which infringes the Fundamental Right can be challenged and be declared null ab initio from the very beginning.
5. The Fundamental Rights can only be suspended in the case there is a declaration of National Emergency. But the exception is given to Articles 20 and 21 of the Constitution.
6. The fundamental rights are restricted during the announcement of Martial law under Article 34. Article 34 is invoked during unnatural circumstances like war or natural disaster.

What are the Fundamental Rights provided by the Constitution 

Article 12 to 35 is enshrined with the Fundamental Rights in Indian Constitution. 

Right to Equality 

1. Right to Equality (Article 14) – Article 14 of the Indian Constitution says about Equality before law and equal protection of law. It is said that every person is equal before the law depending on their caste, status, gender, color, religion, financial position, etc. Also, every person shall be under the equal protection of the law from any arbitrary act. 
2. Prohibition of discrimination on the grounds of race, religion, sex, caste, or place of their birth (Article 15) –  Article 15 says that a person shall not be discriminated against based on their religion, race, caste, sex, or birthplace. Every citizen of India is equal in the sense of law.
3. Equal Opportunity (Article 16) – There shall be equal opportunity in matters of employment or appointment to office. 
4. Abolishes untouchability (Article 17) – Any kind of untouchability should be abolished under Article 17.
5. Prohibits State to confer any title (Article 18) – There shall be no title conferred on any person except title for military or academic achievement.

Right to Freedom 

Article 19 of the Constitution provides six rights of Freedom. 

• Right to Freedom of speech and expression under Article 19(1)(a)
• Right to Assemble under Article 19(1)(b)
• Right to form an association or co-operative societies under Article 19(1)(c)
• Right to freely move throughout the Indian territory under (Article 19(1)(d)
• Right to reside and also settle in any part of Indian territory under (Article 19(1)(e)
• Right to practice any kind of profession or any occupation, trade, or business under (Article 19(1)(g)

Protection against the unfair conviction of offense (Article 20) 

Article 20 of the Indian Constitution gives protection to accused individuals against unreasonable or unfair trials.

Right to life (Article 21) 

No person shall be robbed of their right to personal Freedom. Both Citizens and Non-Citizens are provided with this right. It’s the most important right given by the Constitution.

Right against exploitation 

Article 23 –  This article protects individuals from forced labour and trafficking. Also, these offenses are made punishable under the eyes of the law.

Article 24 – This article prohibits child employment. Children under age 14 shall not be included in any kind of labor work or hazardous work.

Right to Freedom of Religion 

The Articles 25 to 28 protects the religious interest of every individual. Every individual can profess their religion freely. No discrimination shall be made regarding religion. Also, there shall be no tax imposed on the religious denomination. No citizen shall be barred from practicing any religion. Public schools under Government Control shall not have any religious tag on them.

Cultural and the Educational rights

The Articles 29 and 30 provide every person to freely comply with their cultural heritage, their own language, and traditions. Also, none of the Indian citizens shall be barred from studying in any educational institute which is governed by the Indian State or funded by the State. Article 30 says that every minority can establish their educational institution freely.

Right to the Constitutional Remedies  

The Article 32 gives protection against any encroachment of Fundamental Rights. The Supreme Court is the protector of Fundamental rights. A right without protection is nothing but a mere fancy declaration. So the Fundamental Rights in the Indian Constitution need to be protected at any cost. Fundamental Rights can be understood with the famous legal maxim ‘Ubi jus ibi remedium’. This means ‘where it is right, there shall be ready’. 

Conclusion 

B.R Ambedkar said Article 32 is the heart and soul of the Indian Constitution. If any Act or law encroaches the Fundamental law, even the slightest shall be declared void. There shall be no law or act against the Fundamental Rights and Equality before law and equal protection of law. Fundamental rights in the Indian Constitution are considered to be a way to develop one’s personality. Every individual shall have access to Freedom. With Freedom and voice, no one can develop freely. So rights are necessary. It protests every weaker section of society from the arbitrariness of Government. The name itself defines how it is enshrined to protect and value individual life. Every person should live with dignity and integrity.