The Fundamental Rights enshrined in Part III (Articles 12–35) of the Indian Constitution form the cornerstone of democracy in India. Inspired by the American Bill of Rights, they guarantee civil liberties to all individuals and protect them from arbitrary state action.
Characteristics of Fundamental Rights
- Availability: Some rights apply only to citizens (Articles 15, 16, 19, 29, 30), while others extend to all persons, including foreigners and legal entities.
- Qualified Nature: Fundamental Rights are not absolute; reasonable restrictions can be imposed by the State in public interest.
- Against State Action: Most rights protect individuals from the arbitrary actions of the State, though some are enforceable against private individuals as well.
- Negative and Positive Nature: Some rights prohibit the State from doing certain acts (negative), while others oblige it to provide certain benefits (positive).
- Judicial Enforcement: Article 32 empowers individuals to directly approach the Supreme Court for enforcement of Fundamental Rights.
- Not Permanent: Parliament can amend, curtail, or repeal Fundamental Rights through constitutional amendment (e.g., 44th Amendment Act, 1978).
- Suspension During Emergency: All rights, except those under Articles 20 and 21, can be suspended during a National Emergency.
- Restrictions on Armed Forces: Parliament can restrict their application to armed and intelligence forces under Article 33.
- Martial Law: Their application can be limited during martial law (Article 34).
- Self-executory Nature: Most rights are directly enforceable; some require enabling legislation
Significance of Fundamental Rights
- Foundation of Democracy: They constitute the moral and legal foundation of India’s democratic polity.
- Individual Liberty: Serve as a bulwark against authoritarianism and ensure personal freedoms.
- Rule of Law: Uphold equality before law and due process.
- Protection for Minorities: Safeguard cultural and educational rights of minorities.
- Secularism and Equality: Strengthen the secular and egalitarian fabric of the nation.
- Check on Government Power: Prevent misuse of authority by the State.
- Social Justice: Promote equality and justice by protecting the dignity of individuals.
- Political Participation: Encourage citizens’ involvement in governance and political processes.
Criticism of Fundamental Rights
- Excessive Limitations: Rights are subject to numerous exceptions and restrictions; as Jaspat Roy Kapoor remarked, they should be called “Limitations on Fundamental Rights.”
- Lack of Socio-Economic Rights: The Constitution focuses more on political rights and excludes essential socio-economic rights like the right to work or social security.
- Ambiguity: Terms like “reasonable restrictions” and “public order” lack clear definitions.
- No Permanency: Rights are not immutable; the right to property was removed in 1978.
- Emergency Suspension: Their suspension during National Emergency (except Articles 20 and 21) undermines individual freedom.
- Expensive Remedy: Judicial enforcement is costly, limiting access for poor citizens.
- Philosophical Inconsistency: As Sir Ivor Jennings noted, the chapter lacks a consistent philosophical foundation.
Landmark Case: Pegasus Case (Manohar Lal Sharma v. Union of India, 2021)
The Supreme Court held that national security cannot be a blanket justification for curbing Fundamental Rights. The judiciary retains the power of review even in sensitive matters, ensuring that the State’s invocation of “national security” is subject to judicial scrutiny.
Conclusion
Fundamental Rights are the essence of India’s democratic ethos, balancing individual liberty with social control. Despite their limitations, they remain a living instrument ensuring justice, equality, and dignity for all, central to the vision of the Constitution’s framers.