Fundamental Rights of India

Fundamental Rights ensures essential liberties to all Indian citizens for their development, such as Right to Equality like equality before the law, prohibition of discrimination, equality of opportunity in employment, and the abolition of untouchability and titles, freedom of speech, and protection against exploitation such as prohibiting human trafficking, forced labor, and child labor in factories or hazardous employment, Right to Freedom of Religion and Cultural and Educational Rights. There are 6 core fundamental rights often called as the 'Magna Carta of India'.

These rights are enforceable by the court of law and can be restricted under certain conditions as mentioned in the Constitution of India. The basic human freedoms given under part 3rd, Articles 12 to 35 of the Indian Constitution. They protect citizens from the arbitrariness of the State and the bedrock of Indian democracy. Dr. B.R. Ambedkar called Article 32 (Right to Constitutional Remedies) the 'Heart and Soul of the Indian Constitution.' In this article, citizens can directly approach the Supreme Court under Article 32 and the High Court under Article 226.

They are influenced by the American Bill of Rights and the Indian freedom struggle. Originally there were 7 rights, but the Right to Property was removed and made a legal right (Article 300A) by the 44th Amendment Act, 1978.

• Constitutional Guarantee: The Part III of the Indian constitution the fundamental rights from article 12 to 35. These rights protect the individual liberty, dignity, and equality.
• Justiciable Rights: An individual can directly go to the Supreme Court as mentioned in article 32 of the Indian constitution in case of violation of their fundamental rights.
• Protection against State Action: The fundamental rights restrict the arbitrary state action and invalidate laws which are inconsistent with them.
• 6 groups: It includes rights to equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies.
• Not Absolute: The fundamental rights are subject to reasonable restrictions for maintaining public order, security, and morality.

The Fundamental Rights protects the basic human rights of the people but it faces various criticisms. Some of which are mentioned in the following points below.

• Article 22 of the Constitution of India allows preventive detention. It means a person may be detained to prevent anticipated harmful conduct rather than providing punishment after conviction of the offence. These rights are inconsistent with personal liberty and courts have also described preventive detention as an exceptional measure.
• The fundamental rights are not absolute and are subject to reasonable restrictions on the grounds of sovereignty, public order, morality, decency and national security.
• The Fundamental Rights are enforceable against the State not against the private individuals. For example, the discrimination at private workplaces may not be directly addressed through these rights.
• The enforcement through courts may be expensive and often inaccessible for the poor people. Thus, the formal rights do not ensure equality where poverty, illiteracy, caste discrimination, gender inequality, and unequal access to resources exists.
• Some of the fundamental rights can be restricted at the time of an emergency in the country. After the introduction of the 44th constitutional amendment act of 1978, articles 20 and 21 have stronger protection. However, the constitution allows limitations on some of the fundamental rights in exceptional circumstances.

Therefore, the major criticism of fundamental rights are about the gap between what the constitution of India guarantees and their effective enjoyment on ground.

What are Fundamental Rights?

The Fundamental Rights are the basic human rights which are guaranteed by the Constitution of India. These rights protect the liberty, equality, dignity, and freedom of an individual from arbitrary state action.

How many Fundamental Rights are there in the Indian constitution?

India has 6 categories of fundamental rights from articles 12 to 35 in Part-III of the Indian Constitution.

Is Right to Property a Fundamental Right?

No, the Right to Property is not a fundamental right presently. The Right to property was a fundamental right under article 19(1)(f). However, the right was later removed from the list of fundamental rights and made a legal right by the 44th constitutional amendment act of 1978.