Fundamental Rights: Basics

Constitutional Provisions

• The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35. 
• Part III of the Constitution is rightly described as the Magna Carta of India.

Source

• The framers of the Constitution derived inspiration from the Constitution of the USA (i.e., Bill of Rights).

Significance of Fundamental Rights

• It contains a very long and comprehensive list of ‘justiciable’ Fundamental Rights.
• They uphold the equality of all individuals, the dignity of the individual, the larger public interest, and the unity of the nation.
• The Fundamental Rights are meant to promote the ideal of political democracy.
• They operate as limitations on the executive’s tyranny and the legislature’s arbitrary laws.

Features of Fundamental Rights

• Availability: Some rights are reserved for citizens, while others are accessible to all, including foreigners and corporations.
• Qualified Rights: Rights are not absolute; the state can impose reasonable restrictions, and the courts decide on their reasonableness.
• Protection Against Arbitrary Action: Rights are available against arbitrary state actions and, in some cases, against private individuals’ actions.
• Nature of Rights: Some rights limit state power (negative), while others grant privileges (positive).
• Justiciable Rights: Individuals can move courts for enforcement if rights are violated.
• Defended by the Supreme Court: The Supreme Court guarantees and defends these rights, and individuals can directly approach it.
• Amendability: Fundamental rights can be curtailed or repealed by constitutional amendment, not ordinary legislation, without affecting the basic structure of the Constitution.
• Suspension During National Emergency: Fundamental rights can be suspended during a national emergency, except Articles 20 and 21. Some rights can be suspended only during an external emergency.
• Limitations: Their application can be limited by specific articles like 31A, 31B, and 31C, which address exceptions and specific laws.
• Military and Police Restrictions: Fundamental rights can be restricted for armed forces, police, and similar services by Parliament (Article 33).
• Martial Law: Rights can be restricted during martial law, imposed under exceptional circumstances (Article 34).
• Enforceability: Most rights are directly enforceable, but some require legislation for enforcement, which is made by Parliament (Article 35).

Classification of Fundamental Rights