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Fundamental Rights

fun-duh-MEN-tul RYTS From 'fundamental' (forming a necessary base) + 'rights' (legal entitlements); derived from the Bill of Rights tradition

Definition

The basic human rights guaranteed to all citizens of India under Part III (Articles 12-35) of the Constitution, which are justiciable and enforceable by courts.

Detailed Explanation

Fundamental Rights are the cornerstone of Indian democracy, enshrined in Part III of the Constitution of India (Articles 12-35). These rights are guaranteed against the State and are directly enforceable through the Supreme Court under Article 32 and High Courts under Article 226.

The Constitution originally provided seven categories of Fundamental Rights, but after the 44th Amendment (1978), the Right to Property was removed and made a legal right under Article 300A. Currently, there are six categories:

1. Right to Equality (Articles 14-18): Equality before law, prohibition of discrimination, equality of opportunity, abolition of untouchability, abolition of titles.

2. Right to Freedom (Articles 19-22): Six freedoms under Article 19, protection against conviction for offences, protection of life and personal liberty, protection against arrest and detention.

3. Right against Exploitation (Articles 23-24): Prohibition of traffic in human beings and forced labor, prohibition of child labor.

4. Right to Freedom of Religion (Articles 25-28): Freedom of conscience and religion, freedom to manage religious affairs, freedom from religious instruction in state-funded institutions.

5. Cultural and Educational Rights (Articles 29-30): Protection of interests of minorities, right to establish and administer educational institutions.

6. Right to Constitutional Remedies (Articles 32-35): The right to move the Supreme Court for enforcement of Fundamental Rights.

Fundamental Rights are not absolute and are subject to reasonable restrictions in the interest of sovereignty, integrity, public order, decency, morality, and other grounds specified in the Constitution.

Essential Elements

  • 1 Rights guaranteed under Part III (Articles 12-35) of the Constitution
  • 2 Enforceable against the State as defined in Article 12
  • 3 Justiciable through Supreme Court (Article 32) and High Courts (Article 226)
  • 4 Subject to reasonable restrictions specified in the Constitution
  • 5 Can be suspended during Emergency except Articles 20 and 21
  • 6 Available to citizens and non-citizens (some rights are citizen-specific)

Leading Cases

Kesavananda Bharati v. State of Kerala

1973

(1973) 4 SCC 225

Relevance: Established that Fundamental Rights form part of the basic structure and cannot be amended to destroy them

Maneka Gandhi v. Union of India

1978

(1978) 1 SCC 248

Relevance: Expanded the scope of Article 21 and established that fundamental rights are interconnected

I.R. Coelho v. State of Tamil Nadu

2007

(2007) 2 SCC 1

Relevance: Held that laws in Ninth Schedule are subject to judicial review if they violate basic structure including Fundamental Rights

K.S. Puttaswamy v. Union of India

2017

(2017) 10 SCC 1

Relevance: Declared Right to Privacy as a fundamental right under Article 21

Usage Example

"The petitioner challenged the arbitrary detention as violative of his fundamental rights guaranteed under Articles 14, 19, and 21 of the Constitution."

Synonyms

basic rights constitutional rights guaranteed rights
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