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The fundamental rights are rights or assurances that no individual can be denied or deprived of under any circumstances by an individual group or a state. Several organizations lay down the rules and need to ensure all sovereign nations respect the fundamental rights of all their citizens. FR in the polity is a fascinating topic to study as it has some dynamics where the nature of protection changes. For instance, fundamental rights can be made invalid in times of emergencies, or what happens if the FR is in direct violation of a directive principle of state policy? I will be touching upon several such situations.

WHAT IS A FUNDAMENTAL RIGHT? HOW MANY ARE THERE?

FR in polity or anywhere, in general, are rights that can be denied to the individuals under no circumstances. These are a subset of human rights and are often backed by international peacekeeping and human rights organizations like AMNESTY and the UN. Now, what are the different types of fundamental rights in India?

  1. RIGHT TO EQUALITY: This equality is at all the social levels. It is economical, judicial, social, race, birth, caste, region, or other factors.
  2. RIGHT TO FREEDOM OF SPEECH AND EXPRESSION: Probably the most violated FR in the polity, every individual possesses the right to express themselves and form unions, assemblies, and practice any profession of their choice.
  3. RIGHT TO FREEDOM FROM EXPLOITATION: This strives to eliminate any forms of human trafficking, exploitation, and other forms of forced labor against any individual.
  4. RIGHT TO LIFE: Under no situation can this right be revoked. Each citizen has the right to live and has all the means to live a healthy life. It houses the right to education, proper food, and other requests.
  5. RIGHT TO ACCESS TO CONSTITUTIONAL REMEDIES: The right to have access to the various institutions in the area to uphold the rights.
  6. RIGHT TO RELIGION: No individual can be forced to practice or made to practice any religion without his permission.

FUNDAMENTAL RIGHTS VIOLATION

In the contemporary scenario, as far as fr in politics is concerned, fundamental rights are losing their essence on many fronts. The fundamental rights violations are often done within the system’s loopholes. A majority of these occur within the clauses laid down by the constitution and the subsequent amendments.

PRESIDENT’S RULE (Art 356)

Often implemented when the state’s machinery fails, this provision permits the president to take over the administration of the state. Since the president often acts on the advice of the cabinet (executive), it is a handy tool for suppressing any dissent or political obstacles. In the West Bengal elections in 2021, the plea for the president’s rule could be seen as such an initiative. Even following the disqualification of Indira Gandhi’s election by the Allahabad HC, the emergency that followed saw a significant violation of many rights, like the freedom to assemble and freedom of speech and expression.

DIRECTIVE PRINCIPLES OF STATE POLICY

The directive principles of state policies, also better known as the DPSP, are a framework that our forefathers laid down for the smooth governance of a state like India. The DPSPs are not mandatory, but states are expected to keep in mind the DPSPs before formulating and implementing the laws. There are specific provisions that can open the way to systematic violations of the fr in politics.

A simple example would be the beef ban. Under cattle prevention, the clause is that there must be institutions in place that prevent the cow slaughter and meat trade. In the recent years, it has been used as a way to target a specific community. Recent calls for the beef ban attack the individual’s right to food and practice any business or profession. However, it is supported by the DPSP clause.

ARTICLE 144

This article has often been used in the contemporary and recent protests against controversial laws, like the CAA, NRC, the farm laws, and the hijab controversy in Karnataka. Article 144 takes away the right of an individual to gather and form assemblies of people. The hijab controversy was problematic as it was addressed to the religious attire of a particular community. The fundamental rights state their importance to prevent such targeting of specific communities 

CONCLUSION

Yes, several provisions in place protect the fr in politics or protect the FR from politics. These loopholes within the laws and jurisdiction of the constitution are being used more effectively by the state over time.

The sad truth is that all these terms and conditions.

The right to gather and form assemblies is a fundamental right, especially if dissent is the essence of democracy.

But this is negated by Article 144, which curbs the gathering.

This space is for several areas to be “subjectively interpreted,” which is a significant problem.

In a state emergency, the president will declare if a state is unstable or not. But what is unstable is very subjective, especially if it involves the executive.