Fundamental Rights - Articles 12-35 (Part III of Indian Constitution)

Overview

• Articles 12-35 of the Indian Constitution deal with Fundamental Rights.
• These rights are inviolable and are conferred upon citizens of India.
• Key rights include Right to Life, Right to Dignity, Right to Education, etc.
• Fundamental rights are a crucial topic for the UPSC exam, featuring frequently in current affairs.

Fundamental Rights Latest News

• In October 2023, the Supreme Court of India declined to recognize same-sex marriages or civil unions.
• The Court ruled that there is no fundamental right to marry under the Indian Constitution.

The Six Fundamental Rights

1. Right to Equality (Articles 14-18)

   • Guarantees equal rights for everyone.
   • Protects against discrimination based on religion, gender, caste, race, or place of birth.
   • Abolishes untouchability and titles.

2. Right to Freedom (Articles 19-22)

   • Includes freedom of speech, expression, assembly, association, profession, and residence.
   • Subject to conditions related to state security, public morality, and foreign relations.

3. Right against Exploitation (Articles 23-24)

   • Prohibits human trafficking, forced labor, and child labor in hazardous conditions.

4. Right to Freedom of Religion (Articles 25-28)

   • Ensures freedom of conscience and religion.
   • State has no official religion; equal respect for all faiths.

5. Cultural and Educational Rights (Articles 29-30)

   • Protects rights of religious, cultural, and linguistic minorities.
   • Ensures educational rights without discrimination.

6. Right to Constitutional Remedies (Articles 32-35)

   • Provides remedies if fundamental rights are violated.
   • Citizens can approach courts, including the Supreme Court, for enforcement.

Features of Fundamental Rights

• Enforceable by courts, with some available to citizens and others to all persons.
• Not absolute; include reasonable restrictions for state security and public morality.
• Can be amended by Parliament, provided it doesn't alter the Constitution's basic structure.
• Can be suspended during a national emergency, except for Articles 20 and 21.

Fundamental Rights Available Only to Citizens

• Prohibition of discrimination (Article 15).
• Equality of opportunity in public employment (Article 16).
• Protection of freedom (Article 19).
• Protection of minority culture and education (Articles 29-30).

Importance of Fundamental Rights

• Essential for safeguarding citizens' interests.
• Article 13 provides for judicial review, allowing courts to declare laws void if they violate fundamental rights.

Amendability of Fundamental Rights

• Requires a constitutional amendment by special majority in Parliament.
• Key Supreme Court cases include Kesavananda Bharati, which affirmed the basic structure doctrine limiting amendments.

Doctrines Related to Fundamental Rights

Doctrine of Severability

• Only inconsistent parts of a law with fundamental rights are void.

Doctrine of Eclipse

• Laws violating fundamental rights are inactive, not void, and can be revived if the violated rights are repealed.

Fundamental Rights vs. Duties

• Fundamental Rights: Legal entitlements enforceable by courts.
• Fundamental Duties: Moral obligations added by the 42nd Constitutional Amendment in 1976.

Conclusion

• Understanding fundamental rights is crucial for IAS aspirants.
• Difference between human rights and fundamental rights lies in their scope; human rights are globally accepted, fundamental rights are nation-specific.
• Fundamental Rights are integral to the UPSC syllabus for Polity.