Fundamental Rights of Indian Constitution, Articles, Features, Importance, Judgements

What are Fundamental Rights?

Fundamental Rights are basic rights guaranteed under Part III (Articles 12–35) of the Constitution of India to protect individual liberty, equality and dignity. Inspired by the US Bill of Rights and the ideals of the Magna Carta, they safeguard individuals against arbitrary State action.

They are called fundamental because they are essential for individual development and democratic governance. They are justiciable, allowing individuals to approach the courts for their enforcement, and are often described as the Magna Carta of India.

Features of Fundamental Rights of the Indian Constitution

The Fundamental Rights enshrined in Part III of the Indian Constitution have the following key features:

• Available to Citizens and Non-Citizens: Some Fundamental Rights are available only to Indian citizens, while others are available to all persons, including foreigners and legal entities such as corporations and companies.
• Not Absolute: Fundamental Rights are subject to reasonable restrictions imposed by the State, as permitted by the Constitution. Courts determine whether such restrictions satisfy constitutional requirements, balancing individual liberty with the interests of society.
• Protection Against State and Private Action: Fundamental Rights generally protect individuals against arbitrary State action. However, certain rights, such as those under Articles 15(2), 17, 23 and 24, also operate against private individuals.
• Negative and Positive in Nature: Some Fundamental Rights impose limitations on the powers of the State, while others confer protections, freedoms or privileges on individuals.
• Justiciable: Fundamental Rights are enforceable through courts. Individuals can seek judicial remedies when these rights are violated.
• Guaranteed by the Supreme Court: The Supreme Court acts as the ultimate constitutional protector of Fundamental Rights. Under Article 32, individuals can directly approach the Supreme Court for their enforcement. High Courts also have the power to enforce these rights under Article 226.
• Can Be Amended: Fundamental Rights are not unalterable. Parliament can amend them through a constitutional amendment under Article 368, provided the amendment does not violate the Constitution’s Basic Structure Doctrine.
• Suspension During a National Emergency: The enforcement of certain Fundamental Rights may be affected during a National Emergency. Article 20 and Article 21 cannot be suspended through a Presidential Order under Article 359. Article 19 is affected under Article 358 only during an Emergency declared on the grounds of war or external aggression, subject to constitutional conditions.
• Subject to Certain Constitutional Provisions: Articles 31A, 31B and 31C provide specific protections to certain laws against challenges based on Fundamental Rights, subject to constitutional limitations and judicial review.
• Special Provisions for Security Forces: Under Article 33, Parliament may restrict or abrogate the application of Fundamental Rights to members of the armed forces, forces charged with maintaining public order, intelligence organisations and certain related services to ensure the proper discharge of their duties and maintenance of discipline.
• Restrictions During Martial Law: Under Article 34, Parliament may indemnify persons for acts performed in connection with the maintenance or restoration of order in an area where martial law was in force, and validate related actions, subject to the constitutional provision. Martial law is distinct from a National Emergency.
• Direct and Indirect Enforceability: Many Fundamental Rights can be enforced directly, while some require legislation to give them effect. Under Article 35, Parliament has exclusive legislative power over certain specified matters relating to Fundamental Rights, ensuring uniformity across the country.

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Fundamental Rights of the Indian Constitution

The Constitution originally provided seven categories of Fundamental Rights. However, the 44th Constitutional Amendment Act, 1978 removed the Right to Property from this list, leaving six categories. The Right to Property is now a constitutional right under Article 300A.

Fundamental Rights of Indian Constitution Articles 

Supreme Court Judgments Related to Fundamental Rights of the Indian Constitution

The Supreme Court of India has played a crucial role in interpreting and protecting Fundamental Rights. Several landmark judgments have clarified their scope, strengthened individual liberty and defined the limits of Parliament’s power to amend the Constitution.

• Kesavananda Bharati v. State of Kerala (1973): The Supreme Court established the Basic Structure Doctrine, holding that Parliament can amend Fundamental Rights under Article 368 but cannot alter the basic structure of the Constitution.
• Maneka Gandhi v. Union of India (1978): The Court expanded the interpretation of Article 21 (Right to Life and Personal Liberty). It held that the procedure depriving a person of life or personal liberty must be just, fair and reasonable. It also strengthened the interconnected interpretation of Articles 14, 19 and 21.
• Minerva Mills v. Union of India (1980): The Court reaffirmed the Basic Structure Doctrine and struck down provisions of the 42nd Constitutional Amendment that attempted to make Parliament’s amending power unlimited. It also emphasised the need to maintain a balance between Fundamental Rights and Directive Principles of State Policy.
• Indra Sawhney v. Union of India (1992): Popularly known as the Mandal Commission case, the Court upheld the implementation of 27% reservation for Other Backward Classes (OBCs) in central government jobs, subject to conditions. It recognised the exclusion of the creamy layer and generally limited reservations to 50%, subject to exceptional circumstances. The judgment primarily interpreted Article 16, which guarantees equality of opportunity in public employment.
• Vishaka v. State of Rajasthan (1997): The Court laid down guidelines to prevent and address sexual harassment of women at the workplace in the absence of specific legislation. The judgment drew upon Articles 14, 15, 19(1)(g) and 21, linking workplace safety and dignity with Fundamental Rights. These guidelines operated until Parliament enacted the relevant legislation in 2013.
• I.R. Coelho v. State of Tamil Nadu (2007): The Court held that laws placed in the Ninth Schedule after 24 April 1973, the date of the Kesavananda Bharati judgment, are subject to judicial review if they damage the basic structure of the Constitution by violating Fundamental Rights that form part of that structure.
• Justice K.S. Puttaswamy (Retd.) v. Union of India (2017): A nine-judge Constitution Bench unanimously recognised the Right to Privacy as a Fundamental Right, protected primarily under Article 21 and other freedoms guaranteed by Part III. The judgment affirmed that privacy is essential to individual liberty and dignity.
• Navtej Singh Johar v. Union of India (2018): The Court read down Section 377 of the Indian Penal Code to decriminalise consensual sexual relations between adults of the same sex. It emphasised equality, dignity, privacy and personal autonomy under Articles 14, 15, 19 and 21.
• Shreya Singhal v. Union of India (2015): The Court struck down Section 66A of the Information Technology Act, 2000, holding it unconstitutional for violating Article 19(1)(a), the freedom of speech and expression. The judgment is significant for protecting online expression against vague and overly broad restrictions.
• D.K. Basu v. State of West Bengal (1997): The Court laid down safeguards to be followed during arrest and detention to prevent custodial abuse. The judgment strengthened protections associated with Articles 21 and 22, particularly the right to life, personal liberty and safeguards against arbitrary arrest and detention.

These judgments demonstrate how judicial interpretation has expanded the practical meaning of Fundamental Rights and helped maintain constitutional limits on legislative and executive power.

Importance of Fundamental Rights of Indian Constitution

Fundamental Rights are essential to the functioning of India’s constitutional democracy.

• Protection of liberty: They safeguard freedoms and personal autonomy.
• Promotion of equality: They prohibit specified forms of discrimination and support constitutional equality.
• Prevention of arbitrary rule: They limit the powers of the State and strengthen the rule of law.
• Protection of human dignity: They provide safeguards against exploitation and arbitrary deprivation of liberty.
• Preservation of diversity: They protect religious freedoms and cultural and educational interests.
• Access to justice: They allow individuals to seek judicial remedies when their rights are violated.