Our country was one of the original signatories to the International Covenant on Civil and Political Rights. The Indian State is obliged to guarantee certain civil liberties, which are specified in Part III of the Constitution of India. fundamental rights enshrined in Part III of the Constitution have emerged from the doctrine of natural rights. Fundamental Rights are the modern name for what has been traditionally known as Natural Rights. These rights are called the Fundamental Rights of the Indian citizen. These may be further subdivided into personal, social, cultural and economic rights. Such rights may also be called legal rights because it is guaranteed by the law of the land.
The development of such constitutionally guaranteed fundamental human rights in India was inspired by historical examples such as England’s of Rights (1689), the United States of Rights (approved on 17 September 1787, final ratification on 15 December 1791) and France’s Declaration of the Rights of Man (created during the revolution of 1789, and ratified on 26 August 1789). These rights are included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity. The first demand for fundamental rights came in the form of the “Constitution of India Bill, in 1895. Also popularly known as the Swaraj Bill 1895, it was written during the emergence of Indian nationalism and increasingly vocal demands by Indians for self-government. It talked about freedom of speech, right to privacy, right to franchise, etc. Part-III of the Indian constitution is known as the Magna Carta of the Indian Constitution. These rights are called fundamental rights because they are justifiable.
Some of the salient features of Fundamental Rights include:
FRs are protected and guaranteed by the constitution.
FRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for a fixed period. However, the court has the power to review the reasonability of the restrictions.
FRs are justiciable: The constitution allows the person to move directly to the Supreme Court for the reinforcement of his fundamental right as and when they are violated or restricted.
Suspension of Fundamental Rights: All the Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Articles 20 and 21.
Restriction of Fundamental Rights: The Fundamental Rights can be restricted during military rule in any particular area.
Important Articles Related To Fundamental Rights
Article 12: Defines The State
Article 12 of the Indian Constitution defines The State as:
The Government and Parliament of India, the Government and legislatures of the states, all local authorities and other authorities in India or under the control of the Government of India.
Article 13: Defines Laws Inconsistent with or In derogation of Fundamental Rights
Article 13 of the Indian Constitution states that:
All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this part, shall, to the extent of such inconsistency, be void.
The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void. In this article, unless the context otherwise required, – (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b)“laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
Nothing in this article shall apply to any amendment of this Constitution made under article 368.
Classification of Rights in India
ENUMERATION OF POLITICAL AND CIVIL FUNDAMENTAL RIGHTS UNDER THE CONSTITUTION OF INDIA
The political and civil rights are termed as ‘Fundamental Rights’ and enshrined in Part-III of the Indian Constitution which includes the following rights:—
(1) Right to equality – Articles 14, 15 and 16.
(2) Right to six freedoms – Article 19.
(a) Freedom of speech and expression.
(b) Freedom to assemble peacefully and without arms.
(c) Freedom to form associations or unions.
(d) Freedom to move freely throughout the Territory of India.
(e) Freedom to reside and settle in any part of the territory of India.
(f) Freedom to practise any profession or carry on any occupation, trade or business.
(3) Right to life and personal liberty – Articles 20, 21 and 22.
(4) Right to freedom of religion – Articles 25, 26, 27 and 28.
(5) Cultural and educational rights – Articles 29 and 30.
(6) Right to property – Article 31. (The 44th amendment has deleted this right and re-enacted it in Article 300 A, as a constitutional right).
(7) Right against exploitation – Articles 23 and 24.
(8) Right to Constitutional remedies – Article 32.
ENUMERATION OF CULTURAL, SOCIAL AND ECONOMIC RIGHTS UNDER THE DIRECTIVE PRINCIPLES OF THE CONSTITUTION OF INDIA
Part-IV of the Indian Constitution detailing ‘Directive Principles of State Policy lays down the following rights. The socialist and welfare precepts have particularly been incorporated in Article 39 of the Constitution.
(1) Right to adequate means of livelihood – Article 39 (a).
(2) Right against economic exploitation – Article 39 (e). The health and strength of both sexes and tender age of children are not abused and are not forced by economic necessity to enter avocations unsuited to their age or strength.
(3) Right to both sexes to equal pay for equal work – Article 39(d).
(4) Right to work – Article 41.
(5) Right to leisure and rest – Article 41.
(6) Right to public assistance in case of unemployment, old age sickness (Social Security) – Article 41.
Part IV of the Constitution also incorporates the Directive Principles of economic and social justice and certain ideals which the State should strive to achieve. Article 38 directs the State to bring about the welfare of the people by securing and protecting effectively a social order where justice, social, political and economic shall inform all the institutions of national life.
(7) It directs the State to create conditions where there will be no concentration of wealth and means of production to the common detriment and where the ownership and control of the material resources of the community are so distributed as best to sub-serve the common good. [Article 39 (b) and (c)].
Further, the Directive Principles are provided in the Articles of the Constitution mentioned below:
(8) Article 42 – Just and human conditions of work and maternity leave.
(9) Article 43 – Mandatory Payment of living wages etc. to workers.
(10) Article 44 – Uniform Civil Code.
(11) Article 45 – Free and Compulsory Education.
(12) Article 46 – Promotion of educational and economic interests of scheduled castes, scheduled tribes and other weaker sections.
(13) Article 47 – Duty of the State to raise the level of nutrition and the Standard of living and to improve public health.
(14) Article 48 – Organisation of agriculture and animal husbandry.
(15) Article 49 – Protection of monuments and places and objects of national importance.
(16) Article 50 – Separation of Judiciary from Executive.
(17) Article 51 – Promotion of international peace and security.
By 42nd Amendment of the Constitution, three more Articles were added therein:
(18) Article 43A – Participation of workers in the management of industries.
(19) Article 39A – Equitable justice and free legal aid.
(20) Article 48A – Protection and improvement of environment and safeguarding of forests and wildlife.
These additions by amendments are unexceptional.
Thus, a broad statement of the eminent scholar, K. Subba Rao, may be aptly acceded to: “What American and other highly developed democratic countries have achieved through judicial decision and pragmatism have been crystallized, embodied and improved upon by the Indian Constitution. (K. Subba Rao, Enforcement of Basic Human Rights in Law and the Commonwealth, 73).
