Fundamental Rights

Fundamental Rights:

Fundamental Rights Constitutional Law of India S M Masum Billah Email: billah002@gmail.com

Significance of Fundamental Rights:

Significance of Fundamental Rights Fundamental Rights (Part III of Indian Constitution—Article 12 to 35). Taken together the Preamble, FR, DPSP really proclaim the fundamental values and constitute the foundational principles of the constitution. The preambular assurance of the human dignity is sought to be implemented through various provisions of part III and IV. The values of freedom and equality are made more complete and substantive by the economic and social justice so eloquently stated in the FR and DPSP.

Significance:

Significance One of the most elaborated human rights charter framed by any state. Justice Gajendragadkar: very foundation and cornerstone of the democratic way of life ushered in this country by this constitution’ ( Sajjan Singh v. State of Rajashthan 1965 SC 845). These fundamental rights cover all the traditional civil and political rights enumerated in the UDHR.

Significance:

Significance Justice Bhagwati in Maneka Gandhi v. Union of India (AIR 1978 SC 597) observed: These FR represent the basic values cherished by the people of this country since the Vedic times and they are calculated to protect and create conditions in which every human being can develop his personality to the fullest extent. They weave a ‘pattern of guarantee’ on the basic structure of human rights and impose negative obligations upon the state not to encroach on individual liberty in its various dimensions.

The FRs under Indian Constitution:

The FRs under Indian Constitution Right to Equality: Equality before law ( Art. 14) Prohibition of discrimination on grounds of religion,race,caste, sex or place of birth (Art. 15 ) Equality of opportunity in matters of public employment (Art. 16) Abolition of Untouchability (Art. 17) Abolition of titles (Art. 18).

Right to Freedom:

Right to Freedom Art. 19. Protection of certain rights regarding freedom of speech, etc. Art. 20. protection in respect of conviction for offences. Art. 21. Protection of life and personal liberty. Art. 21 A. Free and Compulsory education for all children of 6 to 14 years Art. 22. Protection against arrest and detention in certain cases.

Right against Exploitation:

Right against Exploitation Art. 23. Prohibition of traffic in human beings and forced labour. Art. 24. Prohibition of employment of children in factories, etc.

Right to Freedom of Religion:

Right to Freedom of Religion Art. 25. Freedom of conscience and free profession, practice and propagation of religion. Art. 26. Freedom to manage religious affairs. Art. 27. Freedom as to payment of taxes for promotion of any particular religion. Art. 28. Freedom as to attendance at religious instruction or religious worship in certain education institutions.

Cultural and Educational Rights:

Cultural and Educational Rights Art. 29. Protection of interests of minorities. Art. 30. Right of minorities to establish and administer educational institutions.

Right to Constitutional Remedies:

Right to Constitutional Remedies Art. 32. Remedies for enforcement of rights guaranteed by this Part.

Concluding Remarks:

Concluding Remarks CJ Patanjali Shastri in State of West Bengal v. Subodh Gopal Bose (AIR 1954 SC 92) observed: The whole object of part III of the Constitution is to provide protection for the freedoms and rights mentioned therein against arbitrary invasion by the state. Fundamental Rights are not only ‘negative’ or ‘against the state’ but also are interpreted to impose positive obligations upon the state under the innovation of Public Interest Litigation. All FR are not absolute in nature, some reasonable restrictions can be made on the basis of certain grounds.

Concluding Remarks:

Concluding Remarks Dr. S. Radhakrishnan: FR is a pledge to our people and a pact with the civilized world. All laws inconsistent with the constitution shall be ultra-vires to the extent of inconsistency. [Article 13(2)] The state shall not make any law which takes away or abridges the rights conferred by thisn part and any law made in contravention of this clause shall to the extent of contravention be void.