Hey there! Let’s talk about the Basic fundamental Rights that we have as an INDIAN CITIZEN. Before that, let me introduce myself - my name is Mugdhaakshee Mishra, and I am an aspiring law student. And if you guys are wondering about the accuracy of the legal facts that I am about to share, don’t worry I have done my homework. With a background in legal studies in 11th and 12th grade and through research, I have consulted relevant Acts and gathered insights to provide you with reliable information.

INTRODUCTION

“Did you know you can approach the Supreme Court if your rights are violated? That’s not just legal jargon - it’s your power as an INDIAN Citizen.”

Fundamental rights are the Basic human rights guaranteed by a nation's constitution, designed to protect citizens from arbitrary state actions and ensure individual liberties

Fundamental rights should be known by everyone, as they are essential in a democratic country. These are rights that we have as INDIAN Citizens. Before delving into the realm of Fundamental Rights we should know its origin and history. The concept of inherent human rights can be traced back to ancient civilisations and philosophical schools of thought, such as the Stoics in ancient Greece and Rome. These ideas emphasized natural law and the inherent dignity of human beings. The Magna Carta(1215) was a landmark document in English history that established limitations on the power of the monarchy and gave certain rights to citizens. England’s Bill of Rights 1689 further solidified fundamental Rights against the crown. The other examples are France Declaration of the Rights of Man and of the Citizen 1789, the Irish Constitution, the Indian National Congress Demands, the Advisory Committee and sub-subcommittee and the United States Bill of Rights 1791, which guaranteed fundamental Rights like freedom of speech, religion, and assembly. The Universal Declaration of Human Rights, adopted by the UN in 1948. Fundamental Rights in India’s constitution have deep roots in the Indian independence movement and a broader history of seeking liberty and social welfare. Inspired by THE UNITED STATES' Fundamental Rights. The Indian National Congress and other nationalist movements actively campaigned for civil liberties and equality, viewing fundamental rights as essential for a just and free India. The Nehru Report 1928 and the Karachi Resolution 1931 were significant steps in defining India’s constitutional framework, including the demand for fundamental Rights.

FUNDAMENTAL RIGHTS

Fundamental Rights are enshrined in Part III of the Constitution, which guarantees basic human rights to all citizens.

1. RIGHT to EQUALITY

• Article 14: Equality before the law.
• Article 15: prohibition of discrimination on grounds of religion, gender, Caste, race, or place of birth.
• Article 16: Equality of opportunity in matters of public employment.
• Article 17: Abolition of untouchability.
• Article 18: Abolition of titles.

2. Right to freedom

• Article 19 (a) Freedom of speech and expression.
  19 (b) Freedom of assembly.
  19 (c) Freedom to form associations.
  19 (d) Freedom to move freely.
  19 (e) Freedom to reside and settle in the Indian territory.
  19 (g) Freedom of profession, occupation, trade or business.
• Article 20: protection from double jeopardy.
• Article 21: Protection of life and personal Liberty.
• Article 22: Protection against arrest and Detention.

3. RIGHT AGAINST EXPLOITATION

• Article 23: Prohibition of human trafficking.
• Article 24: Prohibition of child labour.

4. RIGHT TO FREEDOM OF RELIGION

• Article 25: Freedom of religion.
• Article 26: Freedom to manage religious studies.
• Article 27: Freedom from payment of taxes for the promotion of any religion.
• Article 28: Freedom from attending religious instruction or worship in certain educational institutions.

5. CULTURAL AND EDUCATIONAL RIGHTS

• Article 29: Protection of minority interests.
• Article 30: Right of minorities to establish and administer educational institutions.

6. RIGHT TO CONSTITUTIONAL REMEDIES

It consists of 5 writs to protect the fundamental rights.

• Habeas corpus, to ensure someone is not illegally detained.
• Mandamus, to compel performance of a public duty.
• Certiorari, to review the decision of lower courts.
• Prohibition, to prevent the court from exceeding its authority.
• Qua warranto, to inquire into the legality of an appointment to a public office.

Now that we know our fundamental rights, let’s understand their importance and relevance.

IMPORTANCE

Fundamental rights are crucial in a democracy as they establish a framework for individual liberty, protection against government overreach, and the foundation for a just society.

KEY FEATURES OF FUNDAMENTAL RIGHTS:

• Justiciability: Citizens can seek legal redress if their fundamental rights are violated, meaning the Supreme Court can intervene.
• Protection against state Action: The constitution ensures that the state cannot infringe upon these rights.
• Scope: Fundamental rights cover a broad range of areas, including equality, freedom, protection from exploitation, freedom of religion, and cultural and educational rights.

EXCEPTION

Fundamental rights in India, while guaranteed, are not absolute and have several exceptions. These exceptions are primarily outlined in Articles 33,34, and 31A-C, and they allow reasonable restrictions on certain rights in specific circumstances, particularly for national security, public order, and the maintenance of discipline in the armed forces.

CHALLENGES and LIMITATIONS

While these rights are crucial for protecting individual liberties, they face several challenges,  like social and economic rights not being included, lack of clarity, subject to change or abolition, suspension during Emergencies, an Expensive judicial process and many more.

CASE RELATED TO FUNDAMENTAL RIGHTS

Kesavananda Bharti vs State of Kerala 1973: This case is considered one of the most important in Indian constitutional history. It established the doctrine of Basic Structure of the Constitution, which means that while the Constitution can be amended, its fundamental principles cannot be altered.

RELEVANCE

Fundamental Rights have various relevance in the contemporary world. Some of them are empowering individuals to assert their dignity and demand justice when their rights are violated. These rights promote social justice by protecting the vulnerable and ensuring equal opportunities for all, and Fundamental Rights recognize the inherent worth and dignity of every human being, regardless of their background or circumstances.

In conclusion, the Fundamental rights enshrined in the Indian Constitution are the cornerstone of our democracy, protecting individual dignity and promoting social justice. As citizens, it is essential to be aware of these rights and assert them when necessary. The judiciary has played an important role in interpreting and enforcing these rights, and continues to do so. As India evolves, it is imperative to remain vigilant and ensure that these rights are protected or enhanced by the judiciary.

“Know your rights. Exercise them. Protect them.”

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SOURCES:

• Indian Constitution 1950
• Lexology
• Indian kanoon
• Advocate khoj
• Manhattan
• Indian legal