Indian Constitution Fundamental Rights

Origin and Significance

The Fundamental Rights in the Indian Constitution are inspired by the Bill of Rights in the USA and the Universal Declaration of Human Rights. They were incorporated by the Constituent Assembly to establish a government of laws, not of men, ensuring justice, liberty, equality, and fraternity. These rights are considered fundamental because they are essential for the moral and material development of individuals.

Key Characteristics

Fundamental Rights are justiciable, meaning they are enforceable by courts, and individuals can move the Supreme Court or High Courts for their enforcement. While fundamental, they are not absolute and are subject to reasonable restrictions imposed by the state. They are also not permanent and can be amended by Parliament, though the basic structure of the Constitution cannot be altered.

Categories of Rights

Originally, there were seven Fundamental Rights, but the Right to Property was removed in 1978. Currently, there are six categories: 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).

• Fundamental Rights are covered in Part III of the Constitution, Articles 12 to 35.
• There are 6 Fundamental Rights: 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), Right to Constitutional Remedies (Article 32).
• Right to Property was removed by the 44th Amendment Act, 1978, and is now a legal right under Article 300A.
• Dr. B.R. Ambedkar called Article 32 the “heart and soul” of the Constitution.
• The Fundamental Rights are inspired by the Bill of Rights of the US Constitution.

Q: What are Fundamental Rights in the Indian Constitution?

A: Fundamental Rights are basic human rights guaranteed to citizens by the Constitution of India. They are essential for the moral, intellectual, and spiritual development of individuals and protect them from state overreach.

Q: How many Fundamental Rights are there currently?

A: Currently, there are six categories of Fundamental Rights: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.

Q: Can Fundamental Rights be suspended?

A: Yes, most Fundamental Rights can be suspended during a National Emergency, except for the rights guaranteed under Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty).

Q: Who is the protector of Fundamental Rights?

A: The Supreme Court and the High Courts are the protectors and guarantors of Fundamental Rights. Citizens can directly approach these courts if their rights are violated.

Q: What is the significance of Article 32?

A: Article 32, known as the Right to Constitutional Remedies, empowers citizens to move the Supreme Court for the enforcement of their Fundamental Rights. Dr. B.R. Ambedkar called it the ‘heart and soul’ of the Constitution.