constitutional rights in india essay

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Fundamental Rights - Articles 12-35 (Part III of Indian Constitution)

Articles 12-35 of the Indian Constitution deal with Fundamental Rights. These human rights are conferred upon the citizens of India and the Constitution tells that these rights are inviolable. Right to Life, Right to Dignity, Right to Education, etc. all come under one of the six main fundamental rights.

Fundamental Rights – Indian Polity Download PDF Here

Fundamental rights are a very important topic in the polity section of the UPSC exam. It is a basic static portion of the syllabus but it is highly dynamic in the sense that it is featured in the daily news in some form or the other. Hence, it is highly important for the IAS exam . In this article, you can read all about this topic from the IAS exam perspective and download the fundamental rights UPSC notes from the link above. You will also understand the differences between fundamental rights and duties.

Fundamental Rights Latest News

In this article, you can read all about the 6 fundamental rights of India:

The significance and list of fundamental rights of India for the UPSC exam are also given in the article. 

What are Fundamental Rights?

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts , subject to certain conditions.

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:

• They are enshrined in the Constitution which guarantees them.
• They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law.

How many Fundamental Rights are there in the Indian Constitution? 

There are six fundamental rights in the Indian Constitution. They are mentioned below along with the constitutional articles related to them:

• Right to Equality (Article 14-18)
• Right to Freedom (Article 19-22)
• Right against Exploitation (Article 23-24)
• Right to Freedom of Religion (Article 25-28)
• Cultural and Educational Rights (Article 29-30)
• Right to Constitutional Remedies (Article 32)

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Indian Constitution, i.e., the right to property. 

However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment . 

This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people. 

Is right to property a constitutional right or legal right?

Note: The right to property is now a legal right and not a fundamental right. 

6 Fundamental Rights of India

In this section, we list the fundamental rights of India and briefly describe each of them.

1. Right to Equality (Articles 14 – 18)

The right to equality is one of the important fundamental rights of the Indian Constitution that guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability.

Aspirants can read more about the Right to Equality in the linked article.

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:

• Freedom of speech
• Freedom of expression
• Freedom of assembly without arms
• Freedom of association
• Freedom to practise any profession 
• Freedom to reside in any part of the country

Read more on the Right to Freedom in the linked article.

Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them.

Aspirants can find the details on Right to Life (Article 21) , in the linked article.

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar , and other forms of forced labour. It also implies the prohibition of employment of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.

Read more on the Right against Exploitation in the linked article.

4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, and establish and maintain religious and charitable institutions.

Read more on the Right to Freedom of Religion  in the linked article.

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.

Read more on Cultural and Educational Rights  in the linked article.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.

Read more on the Right to Constitutional Remedies (Article 32) in the linked article.

All civil services exam aspirants must go through the features of the Fundamental Rights discussed further below in this article.

Features of Fundamental Rights

• Fundamental rights are different from ordinary legal rights in the manner in which they are enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower courts. He or she should first approach the lower courts.
• Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens and foreigners).
• Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are subject to the conditions of state security, public morality and decency and friendly relations with foreign countries.
• They are justiciable, implying they are enforceable by courts. People can approach the SC directly in case of violation of fundamental rights.
• Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution . 
• The Fundamental Rights of the Indian Constitution can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.
• The application of fundamental rights can be restricted in an area that has been placed under martial law or military rule.

Also, in the news:

• Conjugal Rights
• Right to be Forgotten

Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights in the Indian constitution that are available only to citizens (and not to foreigners):

• Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article 15).
• Equality of opportunity in matters of public employment (Article 16).
• Speech and expression
• Association
• Protection of the culture, language and script of minorities (Article 29).
• Right of minorities to establish and administer educational institutions (Article 30).

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the country. They are essential for safeguarding the people’s interests.

According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an express provision for judicial review . The SC and the High Courts can declare any law unconstitutional on the grounds that it is violative of fundamental rights. Article 13 talks about not just laws, but also ordinances, orders, regulations, notifications, etc.

Amendability of Fundamental Rights

• Read about the types of majorities in the Indian Parliament in the linked article. 
• As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental rights.
• The question is whether a constitutional amendment act can be termed law or not.
• In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of the Constitution including fundamental rights.
• But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it said that the fundamental rights cannot be amended.
• In 1973, a landmark judgement ensued in the Kesavananda Bharati case , where the SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”
• This is the basis in Indian law in which the judiciary can strike down any amendment passed by Parliament that is in conflict with the basic structure of the Constitution .
• In 1981, the Supreme Court reiterated the Basic Structure doctrine. 
• It also drew a line of demarcation as April 24th, 1973 i.e., the date of the Kesavananda Bharati judgement, and held that it should not be applied retrospectively to reopen the validity of any amendment to the Constitution which took place prior to that date.

Aspirants can learn more about 25 important SC judgements for UPSC in the linked article.

Doctrine of Severability

This is a doctrine that protects the fundamental rights enshrined in the Constitution .

• It is also known as the Doctrine of Separability.
• It is mentioned in Article 13, according to which all laws that were enforced in India before the commencement of the Constitution, inconsistent with the provisions of fundamental rights shall to the extent of that inconsistency be void.
• This implies that only the parts of the statute that are inconsistent shall be deemed void and not the whole statute. Only those provisions which are inconsistent with fundamental rights shall be void.

Doctrine of Eclipse

• This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is only non-enforceable, i.e., it is not dead but inactive. 
• This implies that whenever a fundamental right (which was violated by the law) is struck down, the law becomes active again (is revived). 
• Another point to note is that the doctrine of eclipse applies only to pre-constitutional laws (laws that were enacted before the Constitution came into force) and not to post-constitutional laws. 
• This means that any post-constitutional law which is violative of a fundamental right is void ab initio.

Aspirants can also get details about the IAS Topper and take inspiration from their preparation strategy and excel in the upcoming UPSC CSE.

Fundamental Rights and Duties Difference

Fundamental Rights are the rights available to the people of this country, while Fundamental Duties are the obligations on the part of the citizens. Fundamental Duties were added to the Indian Constitution by the 42nd Constitution Amendment Act 1976 by the Indira Gandhi Government.

Fundamental rights and duties are two important concepts of the Indian Constitution. While fundamental rights are the entitlements that individuals possess by virtue of being citizens of a particular country, fundamental duties are the responsibilities that citizens have towards their country and fellow citizens. Here are some key differences between the two:

• Nature: Fundamental rights are legal rights that are enshrined in the constitution of a country. These rights are meant to protect the interests of individuals and provide them with a sense of security and equality. On the other hand, fundamental duties are moral and ethical obligations expected of citizens towards their country and fellow citizens.
• Enforcement: Fundamental rights are enforceable through the courts of law. If an individual’s fundamental rights are violated, they can seek legal recourse and the courts can provide appropriate remedies. However, fundamental duties are not enforceable in the same way. While citizens are expected to fulfil their fundamental duties, there are no legal sanctions if they fail to do so.
• Goal: The focus of fundamental rights is on protecting the interests of individuals and ensuring their well-being. Fundamental duties, on the other hand, are focused on promoting the collective good and ensuring that citizens contribute to the welfare of their country.

It is very important to understand the differences between fundamental rights and duties for the IAS exam.

Check => Difference between fundamental rights and fundamental duties

Knowing how many fundamental rights are there in the Indian Constitution is a must for an IAS aspirant. The list of fundamental rights given above will be helpful for the candidates in their UPSC preparation . Also, aspirants should know the difference between human rights and fundamental rights. The basic difference between human rights and fundamental rights is the scope of acceptance. While fundamental rights have scope within a country, human rights are accepted worldwide.

Fundamental Rights is a GS 2 topic. To practise UPSC Mains GS 2 Answer Writing , check the linked article now!

This constitutes an integral part of the  UPSC Syllabus  for the Polity section and candidates must carefully analyse the same as questions based on the same can be asked in the prelims as well as the mains examination.

Kickstart your  UPSC 2024 preparation today!

Aspirants can read other Polity articles similar to fundamental rights, linked in the table below:

UPSC Questions Related to Fundamental Rights

What are the 7 fundamental rights, what are the 11 fundamental duties.

There are 11 fundamental duties. They are described in the article linked below: For more details on Fundamental Duties , visit the linked article.

What is Article 51A?

Which is the most important fundamental right, when was doctrine of eclipse introduced, leave a comment cancel reply.

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Essay on Indian Constitution in 100, 250, and 350 words

• Updated on  
• Jan 3, 2024

The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world and describes the framework for political principles, procedures and powers of the government. This is just a brief paragraph on the Indian constitution, we have provided samples of essay on Indian Constitution. Let’s explore them!

Table of Contents

• 1 Essay on Indian Constitution in 100 words
• 2 Essay on Indian Constitution in 250 words
• 3 Essay on Indian Constitution in 350 words
• 4 Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens
• 5 The Constitution Defines the Structure and Working of the Government
• 6 Conclusion

Learn more about the Making of Indian Constitution

Essay on Indian Constitution in 100 words

The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Also Read:- Importance of Internet

Essay on Indian Constitution in 250 words

The Indian Constitution was drafted under the chairmanship of Dr. B. R. Ambedkar who is known as the ‘Father of Indian Constitution’. It took almost 3 years to draft the same. Various aspects of the society such as economic, socio-political, etc were taken into consideration while drafting the constitution. While drafting the Indian Constitution, the drafting committee took into consideration various constitutions of other countries such as France, Japan and Britain to seek valuable insights. 

The Fundamental Rights and Duties of the Indian Citizens, the Directive Principles of State Policy and the Federal Structure of the Government of India, all were included in the Indian Constitution. Every policy, duty and right has been explained at length in the Indian Constitution hence making it the lengthiest written constitution in the world. 

There were more than 2000 amendments that had to be made to the Indian Constitution to get it approved. The same was adopted on November 26th, 1949 and was enforced on January 26th, 1950. From that day onwards, the status of India changed from “Dominion of India” to “Republic of India”. And that is why since then, 26th January is celebrated as the Republic Day. On this occasion, the National Flag of India is hoisted at various places across the nation and the National Anthem is sung to rejoice the day. There is a special day that is dedicated to the Indian Constitution known as the ‘National Constitution Day’ that came into existence in 2015. 

Also Read:- Essay on Pollution

Essay on Indian Constitution in 350 words

The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

Indian Constitution Defines the Fundamental Rights and Duties of Indian Citizens

The duties and the Fundamental Rights of the Indian citizens have been clearly stated and defined in the Constitution of India. The Fundamental Rights include:

• The Right to Equality
• The Right to Freedom
• The Right to Freedom of Religion
• Cultural and Educational Rights
• Right Against Exploitation
• Right to Constitutional Remedies

These are the basic rights and all the citizens across the country are entitled to the same irrespective of their colour, caste, creed, or religion.

Fundamental Duties of the Indian CItizens that are included in the Indian Constitution are:-

• Respecting the Constitution of India
• To always honour the National Anthem and the National Flag
• To protect the unity
• Preserving the heritage of the county
• Protecting the integrity and sovereignty of India
• Promoting the spirit of brotherhood
• To have compassion for living creatures
• To strive for excellence 
• To protect public property and contribute your bit to maintaining peace

These are also mentioned in detail in the Indian Constitution. 

The Constitution Defines the Structure and Working of the Government

The working of the Government as well as its structure is also mentioned in detail in the Indian Constitution.  The Indian Constitution mentions that India has a parliamentary system of government that is present at the centre as well as in states. The power to take major decisions lies with the Prime Minister and the Union Council of Ministers. The president of India on the other hand, has nominal powers.

Also Read: Essay on Human Rights

The Constitution of India was approved after several amendments by Dr. B. R. Ambedkar who, along with his team of six members, was a part of the drafting committee that came up with the Indian Constitution.

Ans: The Indian Constitution became effective on the 26th of January 1950 although the Constituent Assembly adopted it on the 26th of November 1949. Dr. B. R. Ambedkar headed the drafting committee that wrote it. Hence, it was the longest-written constitution of India and provides a detailed account of the fundamental rights and duties of the citizens of India. The original constitution of India is the lengthiest in the world and is hand-written and calligraphed. It is the supreme law of India that is drafted by the Constituent Assembly which is even superior to the Parliament. After the constitution came into effect, the status of India changed from “Dominion of India” to “Republic of India”. Hence, 26th January is celebrated as The Republic Day of India.

Ans: The constitution of India was written and adopted by the Constituent Assembly on 26th November 1949 but it became effective on 26th January 1950. It is a set of rules and regulations that guide the administration of the country. It is the backbone of every democratic and secular fabric of the nation. The Indian Constitution is the longest in the world. And describes the framework for political principles, procedures and powers of the government.

Ans: The Indian Constitution is the supreme document that gives a very detailed account of what the citizens of India can and also cannot do. It has been set up as a standard that needs to be followed to ensure law and order in society and also to help it develop and prosper.

Related Reads:-

This brings us to the end of our blog on Essay on Indian Constitution. Hope you find this information useful. For more information on such informative topics for your school, visit our essay writing and follow Leverage Edu.

Deepansh Gautam

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Constitution of India: Meaning, Structure, Enactment, Salient Features & Significance

The Constitution of India , as the fundamental law of the land , embodies the values, principles, and governance framework of our country. It serves as the supreme law, guiding the state’s functioning and ensuring citizen’s rights and responsibilities. With its roots grounded in historical struggles, philosophical ideals, and societal aspirations, it reflects the nation’s collective journey toward democracy, justice, and equality. This article of NEXT IAS aims to explain the meaning, structure, salient features, significance, and other aspects of the Constitution of India.

What is the Meaning of Constitution?

A Constitution of a state is a fundamental set of principles or established precedents according to which the state is governed. It outlines the organization, powers, and limits of government institutions, as well as the rights and duties of citizens. It serves as the supreme law of the land , providing a framework for the functioning of the government, the protection of individual liberties, and the maintenance of social order.

What is Constitution of India?

The Constitution of India is the supreme law of the Republic of India. It lays down the framework for the country’s political system, defining the powers and responsibilities of government institutions, safeguarding fundamental rights, and outlining the principles of governance. It is a set of rules and regulations guiding the administration of a country.

Structure of the Indian Constitution

The Indian Constitution is one of the longest and most detailed written constitutions in the world. Various components of the structure of the Indian Constitution can be seen as follows:

• The Indian Constitution is structured into various Parts, each dealing with a specific aspect of the country’s legal, administrative, or governmental framework.
• Originally, there were 22 parts in the Constitution of India. As of now, there are 25 parts of the Indian Constitution.
• Each part of the constitution contains several articles numbered sequentially.
• Originally, there were 395 articles in the Constitution of India. As of now, the Indian Constitution contains 448 articles .
• They provide clarity and supplementary details, making the Constitution more comprehensive and functional.
• Originally, there were 8 schedules in the Constitution of India. As of now, there are 12 schedules in the Indian Constitution.

Enactment and Adoption of the Indian Constitution

• The Constitution of India was framed by a Constituent Assembly which was established in 1946. The President of the Constituent Assembly was Dr. Rajendra Prasad .
• On 29th August 1947, a resolution was moved in the Constituent Assembly for the appointment of a Drafting Committee to draft a permanent constitution of India. Accordingly, the Drafting Committee was appointed under the chairmanship of Dr. B.R. Ambedkar .
• The Drafting Committee took a total of 166 days , which was spread over 2 years, 11 months, and 18 days to prepare a draft constitution. The final draft of the Constitution was introduced in the Constituent Assembly on 4th November 1948 .
• After many deliberations and some modifications, the Draft Constitution was declared as passed by the Constituent Assembly on 26th November 1949. This is known as the “ Date of Adoption ” of the Constitution of India.
• A few provisions of the Constitution came into force on 26th November 1949. However, the major part of the Constitution came into force on 26th January 1950, making India a sovereign republic. This date is known as the “ Date of Enactment ” of the Constitution of India.

Salient Features of the Indian Constitution

Lengthiest written constitution.

The Constitution of India is the lengthiest of all the written Constitutions of the world. It is a very comprehensive and detailed document.

• Several factors that have contributed to its elephantine size include – the need to accommodate the vast diversity of the country, a single constitution for both the Center and States, the presence of legal experts and luminaries in the Constituent Assembly, etc.

Drawn from Various Sources

The Constitution of India has borrowed most of its provisions from the Government of India Act of 1935 as well as from the constitutions of various other countries.

Blend of Rigidity and Flexibility

Constitutions are classified into – rigid (requires a special procedure for its amendment) and flexible (can be amended in the same manner as ordinary laws are made).

• The Constitution of India is neither rigid nor flexible, but a synthesis of both.

Federal System with Unitary Bias

The Constitution of India establishes a federal system of government and contains all the usual features of a federation. However, it also contains a large number of unitary or non-federal features.

Parliamentary Form of Government

The Constitution of India has adopted the British Parliamentary System of Government. The parliamentary system is based on the principle of cooperation and coordination between the legislative and executive organs.

Synthesis of Parliamentary Sovereignty and Judicial Supremacy

The synthesis of parliamentary sovereignty and judicial supremacy in India represents a delicate balance between the authority of the legislature to enact laws and the power of the judiciary to review and interpret these laws in light of constitutional principles.

• While Parliament retains the ultimate authority to make laws , the judiciary serves as the guardian of the Constitution , ensuring that parliamentary actions adhere to constitutional norms and protect fundamental rights.

Integrated and Independent Judiciary

The Indian Constitution establishes an integrated and independent judicial system in the country.

• An integrated judicial system means that a single system of courts, comprising of Supreme Court , High Courts, and Subordinate Courts, enforces both the central laws as well as the state laws.
• An independent judicial system means that the Indian judiciary operates autonomously, free from the influence of the executive and legislative branches of government.

Fundamental Rights

The Indian Constitution guarantees 6 fundamental rights to all citizens, which promotes the idea of political democracy in the country. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

Directive Principles of State Policy

The Indian Constitution contains a set of principles in the form of Directive Principles of State Policy (DPSPs) , which denote the ideals that the state should keep in mind while formulating policies and enacting laws.

• The Directive Principles seek to establish a ‘Welfare State’ in India by promoting the ideal of social and economic democracy.

Fundamental Duties

The fundamental duties are a set of moral and civic obligations outlined in the Constitution of India.

• These duties serve as a guide for citizens to contribute towards building a strong and harmonious nation.

A Secular State

The Constitution of India does not uphold any particular religion as the official religion of the Indian State. Instead, it mandates that the state treat all religions equally, refraining from favoring or discriminating against any particular religion.

Universal Adult Franchise

The Indian Constitution adopts universal adult franchise as the basis of elections to the Lok Sabha and the State Legislative Assemblies.

• Every citizen who is not less than 18 years of age has a right to vote without any discrimination based on caste, race, religion, sex, literacy, wealth, and so on.

Single Citizenship

Single citizenship is a constitutional principle in India whereby all citizens irrespective of the state in which they are born or reside enjoy the same political and civil rights of citizenship all over the country, and no discrimination is made between them.

Independent Bodies

The Indian Constitution has established certain independent bodies which are envisaged as the bulwarks of the democratic system of Government in India.

Emergency Provisions

The Indian Constitution contains emergency provisions to enable the President to meet any extraordinary situation effectively.

• The rationale behind the incorporation of these provisions is to safeguard the sovereignty, unity, integrity, and security of the country, the democratic political system, and the Constitution .

Three-tier Government

The three-tier government refers to the division of governmental powers and responsibilities among three levels- the central government, state governments, and local governments (Panchayats and Municipalities).

• This decentralized system allows for effective governance by delegating authority to address regional and local issues, promoting participatory democracy and grassroots development.

Co-operative Societies

The 97th Constitutional Amendment Act of 2011 gave constitutional status and protection to co-operative societies.

Significance of the Constitution of India

• Rule of Law – The Constitution establishes the framework for governance based on the rule of law, ensuring that no individual, including government officials, is above the law.
• Protection of Rights – It guarantees fundamental rights to citizens, safeguarding their freedoms of speech, expression, religion, and more, while also providing mechanisms for legal redress if these rights are infringed upon.
• Structure of Government – The Constitution delineates the structure of government, defining the roles, powers, and limitations of the executive, legislative, and judicial branches. This separation of powers prevents the concentration of authority and promotes checks and balances.
• Democratic Principles – Through provisions like a universal adult franchise, the constitution upholds democratic principles by ensuring citizens’ participation in governance through free and fair elections.
• Stability and Continuity – The constitution provides stability and continuity in governance, serving as a framework for guiding successive governments and preventing abrupt changes in the political system.
• National Unity – It fosters national unity by recognizing and respecting the diversity of the populace while also promoting a sense of common citizenship and allegiance to the nation.
• Legal Framework – The constitution serves as the legal foundation upon which all laws and regulations are based, providing consistency and coherence in the legal system.
• Adaptability – While providing a stable framework, the constitution also allows for necessary amendments to accommodate changing societal needs and values, ensuring its relevance over time.

Sources of the Constitution of India

• Government of India Act of 1935 – Federal Scheme, Office of Governor, Judiciary, Public Service Commissions, Emergency Provisions, and Administrative Details.
• British Constitution – Parliamentary System of Government, Rule of Law, Legislative Procedure, Single Citizenship, Cabinet System, Prerogative Writs, Parliamentary Privileges, and Bicameralism.
• US Constitution – Fundamental Rights, Independence of the Judiciary, Judicial Review, Impeachment of the President, Removal of Supreme Court and High Court Judges, and the Post of the Vice-President.
• Irish Constitution – Directive Principles of State Policy, the Nomination of Members to Rajya Sabha, and Method of Election of the President.
• Canadian Constitution – Federation with a strong Centre, vesting of residuary powers in the Centre, appointment of state governors by the Centre, and advisory jurisdiction of the Supreme Court.
• Australian Constitution – Concurrent List, Freedom of Trade, Commerce & Intercourse, and a Joint Sitting of the two Houses of Parliament.
• Weimar Constitution of Germany – Suspension of Fundamental Rights during Emergency.
• Soviet Constitution (USSR, now Russia) – Fundamental duties and the ideal of Justice (Social, Economic, and Political) in the Preamble.
• French Constitution – Republic and the ideals of Liberty, Equality, and Fraternity in the Preamble.
• South African Constitution – Procedure for amendment of the Constitution and election of members of Rajya Sabha.
• Japanese Constitution – Procedure established by law.

Various Schedules of the Indian Constitution

Parts of the constitution.

Note – Part-VII (The States in Part B of the First Schedule), has been deleted by the 7th Constitutional Amendment of 1956.

In conclusion, the Indian Constitution stands as a testament to the nation’s democratic ideals and aspirations. Its meticulous crafting, rooted in historical struggles and visionary principles, continues to guide India’s journey towards a more just, inclusive, and prosperous society. The Indian Constitution stands as a testament to upholding its values, fostering unity amidst diversity, and safeguarding the rights and liberties of every citizen, thus ensuring a brighter future for generations to come.

Related Concepts

• Constitutionalism – Constitutionalism is a system where the Constitution is supreme and the institution’s structure and processes are governed by constitutional principles. It provides the template or framework within which the state has to carry out its operations. It also puts limitations on the government.
• Classification of the Constitution – Constitutions across the world have been classified into the following categories and sub-categories:

Frequently Asked Questions (FAQs)

When was the constitution of india adopted.

The Constitution of India was adopted on 26th November 1949 .

Why the Constitution of India is called a bag of Borrowing?

The Constitution of India is called a “bag of borrowing” due to its extensive adaptation of principles and provisions from various global sources. It amalgamates elements from multiple constitutions, including the British, American, Irish, Canadian, and others, reflecting India’s diverse legal heritage and democratic ideals.

Who is known as the ‘Father of Indian Constitution’?

Dr. B.R. Ambedkar is regarded as the “Father of the Indian Constitution” for his pivotal role as the chairman of the Drafting Committee and his significant contributions in shaping the provisions of the Indian Constitution.

When do we Celebrate the Constitution Day?

Constitution Day also famously known as ‘Samvidhan Divas’ , is celebrated in our country on 26th November every year to commemorate the adoption of the Constitution of India.

What is the Philosophy of the Constitution of India?

The philosophy of the Constitution of India revolves around several key principles such as Sovereignty, Equality, Justice, Liberty, Fraternity, Dignity, Secularism, Federalism, Democratic Principles, etc.

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Fundamental Rights : Part III (Articles 12-35)

Last updated on April 16, 2024 by Alex Andrews George

The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity.

All people, irrespective of race, religion, caste, or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. Seven categories of Fundamental Rights are covered by Articles 12-35.

Part III of the Indian Constitution talks about Fundamental Rights.

Table of Contents

Fundamental Rights

These rights are essential for the protection of individual liberties and act as a check on the power of the government. The Constitution of India recognizes the following fundamental rights:

• Right to Equality (Articles 14-18): This includes equality before the law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of public employment.
• Right to Freedom (Articles 19-22): This encompasses the right to freedom of speech and expression, assembly, association, movement, residence, and the right to practice any profession, occupation, trade, or business.
• Right against Exploitation (Articles 23-24): This includes the prohibition of forced labor, child labor, and trafficking of human beings.
• Right to Freedom of Religion (Articles 25-28): This guarantees the freedom to practice, profess, and propagate any religion, subject to public order, morality, and health.
• Cultural and Educational Rights (Articles 29-30): These provide for the protection of the interests of minorities in terms of culture, language, and education.
• Right to Constitutional Remedies (Article 32): This grants individuals the right to move to the Supreme Court for the enforcement of their fundamental rights. It is considered the “heart and soul” of the Constitution.

Additionally, Article 35 allows the Parliament to enact laws to give effect to the provisions of fundamental rights and to restrict their scope in certain circumstances.

Also read: SC Judgment on Climate Change: Recognizing the Right to a Healthy Environment

Article 12: Definition

In this Part, unless the context otherwise required, “the State” includes the Governmental and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Article 13: Laws inconsistent with or in derogation of the fundamental rights

(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

(3) In this article, unless the context otherwise required, –

(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom, or usage having in the territory of India the force of law; (b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

(4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368.

Fundamental Rights in Detail

It’s important to note that fundamental rights are not absolute and can be subject to reasonable restrictions in the interest of public order, morality, security, and other specified factors. The Constitution also provides for the suspension of certain fundamental rights during a state of emergency .

Right to Equality

Article 14: equality before the law.

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.

(2) No citizen shall, on the ground only of religion, race, caste, sex, place of birth, or any of them, be subject to any disability, liability, restriction, or condition about –

(a) access to shops, public restaurants, hotels, and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads, and places of public resort maintained whole or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) or Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.

Article 16: Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, regarding a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory before such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

Article 17: Abolition of Untouchability

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offense punishable by the law.

Article 18: Abolition of titles

(1) No title, not being a military or academic distinction, shall be conferred by the State.

(2) No citizen of India shall accept any title from any foreign State.

(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

Right to Freedom

Article 19: protection of certain rights regarding freedom of speech, etc..

(1) All citizens shall have the right-

(a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade, or business.

(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or about contempt of court, defamation or incitement to an offense.

(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interest of the sovereignty and integrity of India or public order, reasonable restrictions on the right conferred by the said sub-clause.

(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

(5) Nothing in sub-clause (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Schedule Tribe.

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, –

(i) the professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry, or service, whether to the exclusion, complete or partial, of citizens or otherwise.

Article 20: Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

Article 21: Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law .

Article 21A:  Fundamental Rights to Education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Article 22: Protection against arrest and detention in certain cases

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply –

(a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless –

(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorize the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or (b) such a person is detained by the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.

(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

(7) Parliament may by law prescribe –

(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board by the provisions of sub-clause (a) of clause (4); (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

Right against Exploitation

Article 23: prohibition of traffic in human beings and forced labor.

(1) Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable by the law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste, or class, or any of them.

Article 24: Prohibition of employment of children in factories, etc.

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Right to Freedom of Religion

Article 25: freedom of conscience and free profession, practice, and propagation of religion.

(1) Subject to public order, morality, and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law –

(a) regulating or restricting any economic, financial, political, or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II: In sub-Clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina, or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

Article 26: Freedom to manage religious affairs

Subject to public order, morality, and health, every religious denomination or any section thereof shall have the right –

(a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property by the law.

Article 27: Freedom as to payment of taxes for the promotion of any particular religion

No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

(2) Nothing in clause (1) shall apply to an educational institution that is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

(3) No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is minor, his guardian has given his consent thereto.

Cultural and Educational Rights

Article 29: protection of interests of minorities.

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language, or any of them.

Article 30: Right of minorities to establish and administer educational institutions

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.

(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Article 31: Compulsory acquisition of property*

This Article was deleted from Part III of the Constitution by the  Constitution (Forty-fourth Amendment) Act, 1978 , and a modified version was inserted as Article 300A.

Article 31A: Saving of laws providing for the acquisition of estates, etc.

(1) Notwithstanding anything contained in Article 13, no law providing for –

(a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the State for a limited period either in the public interest or to secure the proper management of the property, or (c) the amalgamation of two or more corporations either in the public interest or to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries, and treasurers, managing directors, directors or managers of corporations, or any voting rights of share-holders thereof, or (e) the extinguishment or modification of any rights accruing by any agreement, lease, or license to search for, or win, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease, or license, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent: Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.

(2) In this article, –

(a) the expression “estate” shall, about any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenure in force in that area and shall also include –

(i) any jagir, inam or mafia or other similar grant and in the States of Tamil Nadu and Kerala, any janmam right; (ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural laborers, and village artisans;

(b) the expression “rights”, about an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue.

Article 31B: Validation of certain Acts and Regulations

Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provision thereof shall be deemed to be void, or even to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.

Article 31C: Saving of laws giving effect to certain directive principles

Notwithstanding anything contained in Article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy : Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.

Article 31D: Saving of laws in respect of anti-national activities*

This provision was not included in the Constitution of India 1950. It was later inserted by the  Constitution (Forty-second Amendment) Act, 1976 , and subsequently deleted by the  Constitution (Forty-third Amendment) Act, 1977 .

Right to Constitutional Remedies

Article 32: remedies for enforcement of rights conferred by this part.

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have the power to issue directions or orders or writs , including writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Article 32A: Constitutional validity of State laws not to be considered in proceedings under article 32*

This provision was not included in the Constitution of India, 1950. It was inserted into the Constitution via the  Constitution (Forty-second Amendment) Act, 1976 , and subsequently deleted by the  Constitution (Forty-third Amendment) Act, 1977 .

Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, –

(a) the members of the Armed Forces; or (b) the members of the Forces charged with the maintenance of public order; or (c) persons employed in any bureau or other organization established by the State for purposes of intelligence or counterintelligence; or (d) persons employed in, or in connection with, the telecommunication systems set up for any Force, bureau, or organization referred to in clauses (a) to (c), be restricted or abrogated to ensure the proper discharge of their duties and the maintenance of discipline among them.

Article 34: Restriction on rights conferred by this Part while martial law is in force in any area

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any person in respect of any act done by him in connection with the maintenance or restoration or order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

Article 35 allows the Parliament to enact laws to give effect to the provisions of fundamental rights and to restrict their scope in certain circumstances.

Article 35: Legislation to give effect to the provisions of this Part

Notwithstanding anything in this Constitution, –

(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws –

(i) Concerning any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33, and article 34 may be provided for by law made by Parliament; and (ii) for prescribing punishment for those acts which are declared to be offences under this part, and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);

(b) any law in force immediately before the commencement of this Constitution in the territory of India concerning any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.

Explanation: In this article, the expression “law in force” has the same meaning as in Article 372.

The framers of the Indian Constitution aimed to create a just and equitable society where every citizen enjoys certain basic fundamental rights and freedoms. The judiciary plays a crucial role in safeguarding and interpreting fundamental rights, ensuring that they are upheld and protected in the spirit of the Constitution.

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About Alex Andrews George

Alex Andrews George is a mentor, author, and social entrepreneur. Alex is the founder of ClearIAS and one of the expert Civil Service Exam Trainers in India.

He is the author of many best-seller books like 'Important Judgments that transformed India' and 'Important Acts that transformed India'.

A trusted mentor and pioneer in online training , Alex's guidance, strategies, study-materials, and mock-exams have helped many aspirants to become IAS, IPS, and IFS officers.

Reader Interactions

July 31, 2016 at 8:40 pm

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December 13, 2016 at 11:51 am

please provide mcq questions on part 3 of the constitution

April 2, 2018 at 4:21 pm

plzplzplz somebody tell me what would be answer of “Outline the socio-economic aspects of indian constitution along with relevant articles” in 75 words

February 1, 2022 at 12:09 pm

Go through article 38 ,,,more over Preamble also provides for social and economic justice ,,

November 23, 2022 at 7:05 pm

What is judicial review

August 19, 2018 at 6:15 pm

Pls mention Writ of HC and SC ….under 32 article

July 21, 2019 at 8:48 pm

This article is nice

July 1, 2021 at 7:12 pm

Writ is nothing but a legal order to do or not to do issued by court of law.people can use writ petition in supreme court (art 32) and high court (art 226) when they were not allowed to enjoy their fundamental rights.

August 9, 2019 at 3:57 pm

sir, article 15 clause (5) is missing

November 7, 2019 at 2:52 pm

even i could have copied the text of the COI

November 16, 2019 at 9:49 am

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December 19, 2020 at 9:05 am

1- habeaus corpus 2-mandamus 3-quo warranto 4-prohibition 5-cartiararay

May 7, 2021 at 2:54 pm

Wohooos . This is so cool , this is well explained and summarised at same time. 🎉🥳

July 29, 2021 at 8:56 am

Excellent explanation

July 31, 2021 at 11:55 pm

January 4, 2022 at 12:23 am

IAS AND PCS JUSTICES IN UTTAR PRADESH INDIA They are unfit, unskilled, barbarians not qualified to interpret and apply the law, they take bribes to apply dilatory tactics to pillory the law-abiding citizens for over several generations for illusive justice. Most litigants die with injustice. India must abolish the Courts presided by the IAS and PCS. Ramesh Mishra Victoria, British Columbia, Canada

January 15, 2022 at 11:30 pm

June 19, 2023 at 7:22 am

October 27, 2023 at 7:58 pm

Highly appreciatethe effort done to make anh reader understand the concept of about constitutional rights 😀

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Know your Constitution: Fundamental rights and duties of every Indian citizen

The Constitution of India, the longest written constitution of any country, is considered the supreme law of the nation, and demarcates the structure, framework, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and duties of citizens.

India, celebrating its 75th year of Independence from colonial rule, is all set to mark Republic Day on January 26, the celebrations for which kicked off today. The country will be cherishing the date on which the Constitution came into effect on January 26, 1950, thus turning India into a newly-formed “republic”.

The Constitution of India, which was adopted by the Constituent Assembly on November 26, 1949, and came into effect a year later, contains the fundamental code and structures signifying India as an independent republic with a democratic government.

Every year, Indians across the length and breadth of the nation pay their respects to the significant piece of document that lays down the entire framework of the fundamental political code of the country.

Here are the fundamental rights of citizens as enshrined in the Constitution of India:

1. Right to Equality: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

2. Right to Freedom: Protection of certain rights regarding freedom of speech, etc.

All citizens shall have the right —

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(c) to form associations or unions [or co-operative societies];

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(f) to practice any profession, or to carry on any occupation, trade, or business.

3. Right against Exploitation: Traffic in human beings and beggars and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offense punishable in accordance with the law.

4. Right to Freedom of Religion: Subject to public order, morality, and health and to the other provisions, all persons are equally entitled to freedom of conscience and the right freely to profess, practice, and propagate religion.

They also have the right to manage religious affairs –

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property

5. Right to Life: Protection with respect to a conviction for offenses is guaranteed under the right to life and personal liberty. According to Article 20 of the Constitution, no one can be awarded punishment that is more than what the law of the land prescribes at the time of the commission of the crime.

Protection of life and personal liberty is also stated under the right to life and personal liberty. Article 21 declares that no citizen can be denied his life and liberty except by due process of law. This means that a person's life and personal liberty can be disputed only if that person has committed a crime.

6. Cultural and Educational Rights: Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of its own shall have the right to conserve the same.

All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

7. Right to constitutional remedies: Article 32 provides a guaranteed remedy, in the form of a fundamental right itself, for enforcement of all the other fundamental rights, and the Supreme Court is designated as the protector of these rights by the Constitution.

The Supreme Court has been empowered to issue writs, namely habeas corpus , mandamus , prohibition , certiorari , and quo warranto , for the enforcement of the fundamental rights.

8. Right to privacy: The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution. It protects the inner sphere of the individual from interference from both State and non-State actors and allows individuals to make autonomous life choices.

Here are the fundamental duties of citizens as enshrined in the Constitution of India:

(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;

(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;

(c) to uphold and protect the sovereignty, unity, and integrity of India;

(d) to defend the country and render national service when called upon to do so;

(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women;

(f) to value and preserve the rich heritage of our composite culture;

(g) to protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to have compassion for living creatures;

(h) to develop the scientific temper, humanism, and the spirit of inquiry and reform;

(i) to safeguard public property and to abjure violence;

(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;

(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

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Fundamental Rights Essay

Essay on Fundamental Rights

The history of Fundamental Rights (which were lawfully enforceable) probably starts from the Magna Carta, which was a list of Rights extracted from King John by the people of England in 1214 AD. The most significant advancement in the history of Fundamental Rights occurred when through the first 10 amendments, the USA incorporated certain Fundamental Rights into its constitution in the form of the "Bill of Rights." In this Essay on Fundamental Rights, we shall talk about the various Rights provided to Indian citizens and what they stand for.

Long Fundamental Rights Essay in English  

Fundamental Rights were borrowed from the constitution of the United States of America.

The constituent assembly of India adopted the constitution of India on 26th November 1949, which came into effect on 26th January 1950. It contains 395 Articles, 22 Parts, and 12 Schedules. Part III (Articles 12 to 35) of the Constitution of India consists of Rights which are essential for the overall development of individuals, are also termed as Fundamental Rights. Fundamental Rights are universal, that is, they apply to all the citizens of India irrespective of their race, birthplace, Religion, caste, gender or gender identity. Earlier there were seven Fundamental Rights, but later on the ‘Right to Property’ was abolished. Currently, we have six Fundamental Rights.

Right to Equality

The Right to EQuality is guaranteed by the constitution of India through articles 14 to 18 (of which article 14 is the most important). Right to EQuality refers to everyone being equal in the eyes of the law. It prohibits discrimination on the grounds of race, caste, creed etc by providing equal opportunity for employment. The article also abolishes untouchability and titles.

Right to Freedom

Articles 19 to 22 guarantee the Right to Freedom in the constitution of India. It guarantees all Indian citizens with Freedom of speech and expression; Freedom to assemble peacefully; Freedom for forming cooperative societies or unions or companies; Freedom to move freely in India; Freedom to reside or settle anywhere in India and the Freedom to practice any profession or carry on any occupation, trade or business of their choice. Although the government has the right to impose certain restrictions on these Freedoms in the interest of the sovereignty and integrity of India.

Right to Information has been given the status of a Fundamental right in 2005, under article 19(1) of the Indian Constitution.

Right Against Exploitation

Articles 23 and 24 guarantees the right against Exploitation and focuses mainly on two provisions. The first being the abolition of human trafficking and Begar (Forced Labour) and secondly, the abolition of employment of children under the age of 14 in jobs with a risky environment like factories, mines etc.

Right to Freedom of Religion

Articles 25 to 28 provide religious Freedom to all Indian citizens. The main objective of this right is to sustain secularism in our country. It assures that all Religions are equal in the eyes of the state and none of them is given preference over the other. It allows the citizens to preach, practise, and propagate the Religion of their choice. It also provides religious communities to set up charitable institutions.

Cultural and Educational Rights

Articles 29 and 30 provide every Indian citizen with Rights to education and cultures. It assures that every citizen gets equal opportunities in terms of education while giving minority communities the right to admission in colleges and universities without any discrimination. It also gives minority communities the right to establish Educational institutions to preserve and develop their culture.

Right to Constitutional Remedies

Articles 32 to 35 empowers all Indian citizens to move to the court of law whenever they are denied their Fundamental Rights. Article 32 is also termed as the citizens right to protect and defend the constitution as it allows the citizens to enforce the constitution through the judiciary.

The main objective of Right to Constitutional Remedies is to enforce Fundamental Rights.

Short Fundamental Rights Essay in English

Fundamental Rights are considered the Rights that are integral to the advancement of the human race. All other Rights are derived as direct consequences or application of their principles from such Rights. Among philosophers, it is an accepted belief that these Rights are nothing but "natural human Rights" that distinguish between humans and animals. So, these have played a rather important role in bringing humans all the way from the Stone Age to the present. It was regarded that such Rights were beyond the complexities of politics. The constitution's protection meant that these Rights could not be put to the vote and were not dependent on politicians or the majority's whims.

Why do we Need Fundamental Rights?

Such Rights are a safeguard for citizens against the government as it is necessary to have the rule of law and not a government or a person. These Rights do not dare to be transgressed by authority as they are explicitly given to the people by the Constitution. The courts are fully required to uphold these Rights and the government is answerable to the courts. After living in subjugation for so long, people have forgotten what liberty means. These Rights offer people the hope and belief that their growth will not be halted. They're free from the rulers' whims. These Rights are, in that sense, the first fruits of the long struggle for Freedom and bring a sense of satisfaction and accomplishment.

Even in Gulf countries or Communist countries, citizens are free. How is our liberty, then, different from theirs? A clear measure of how free we are in the list of Fundamental Rights. For example, every Indian citizen is free to practice a Religion of his choice, but that is not the case in Gulf countries. Our right to speech and expression enables us to criticize the government freely.

In conclusion, we can say that the Indian constitution was framed after a thorough analysis of all the constitutions in the world, and successfully incorporates all the good things existing in them.

Though the above content provided information about Fundamental Rights, it also gave you an outline of how an Essay should be written. 

The Essay on Fundamental Rights contained some information about the topic and talked about long and short Essays.

Students might find it difficult to understand how they shall proceed whenever asked to write on any topic. 

Since writing is a free form of expression and requires limited skills, there are no rules to it. But, in these times, when everything is advancing, you're expected to be able to deliver the best content. 

To equip them with the relevant points, there are some tips listed below. 

Go through them and master the skill of writing, thereafter! 

Read and Understand the Prompt Before you can start writing, it is important for you to understand the prompt that you're offered. Without comprehending what you've asked to do, your content would never be impactful. The best way to understand it is to dissect it into parts. You might also consider making a small flowchart that clearly defines the flow of ideas in your head. Students shall understand that it is better to spend the first few minutes planning and organising things than to present an unorganised and unclear content. This in no way means that you have to adopt a formulaic approach to it but just try to deliver the best that they can. 

Plan the Flow The next important thing for you to do is pen down the flow of points, as specific as the alphabet. Each point should have a ‘what next’ factor attached to it and that is how you can expect yourself to deliver higher Quality content. The importance of working in a planned and organised way is not unknown to any of us and that is what can help us move ahead with the ideas in our heads. Preparing a web with all the details is a great way to do it. 

Make a Rough Draft Brainstorming and organising all that you have inside your head related to a particular topic is a good way before you deliver. Students are advised to prepare a small, concise, rough draft of their topics. Drafts are often regarded as crappy stuff but the truth is that it makes you analyse and rethink whatever you've thought till then. And there's where the new flow of ideas comes from. Make sure that your content is answering and giving the information of the prompt. 

Follow a Simple Format Students often think that complicating the format or using too many fancy words in a piece of content impresses the reader and that fetches you more marks. However, it doesn't work this way. For good content, words must be easy to understand and they should always have a relatability factor attached so that it becomes easier for the audience to connect and understand whatever you are trying to convey. 

Proofread your Content Last but not least, the most important step to do before finalising the content is to proofread it. When we try to pen down things, we often make mistakes. However, reading it once again allows you to study it again and check for mistakes. In case that you've missed anything important, you can further review and add that piece of information too. It may take a little more time of yours but the results would be worth it.

FAQs on Fundamental Rights Essay

1. What do we Conclude from this Essay on Fundamental Rights?

We can conclude that the Fundamental Rights embodied in the Indian Constitution act as a guarantee that as long as they live in Indian democracy, all Indian citizens can and will lead their lives in peace. Such civil liberties prevail over any other law of the land. Fundamental rights protect the citizen’s freedom, rights and liberties from any state invasion, and prevent the establishment of authoritarian and dictatorial rule in the country. They are very essential for the all-round progress of the people and the nation.

2. Which is the most important Fundamental Right?

The most important fundamental right is considered to be the Right to Constitutional Remedies because it ensures the protection of our fundamental rights. In the event of a violation of their fundamental rights, it helps citizens move to court. It also finds that the government does not violate or disrespect citizens' fundamental rights.

3. Can I use and cite resources while writing an Essay? 

Of course, you can. In fact, resources make the content more interesting and engaging. Another advantage of using them is that it promotes research. However, you shall make sure the content should be rephrased and not plagiarized. For better clarity and understanding, you can go through some of the sample Essays available online. But, remember, the more you write, the more you learn. Hence, you need to practice writing on as many topics as possible and that way, you can upraise your skills.

4. How should an Essay be written? What should be its format? 

The best way to write it is using a simpler format. It shall start with an introduction, have the body in between and should necessarily end with a conclusion. Make sure that whatever ideas you are putting forth to your readers should make absolute sense. Students can consider checking the prompts given on the website of Vedantu and practice writing about them to get better at it. 

5. Can the body of the Essay be divided into small paragraphs? 

Absolutely! In fact, it is the best way to present any piece of content. It makes your work look more organised and neat. Apart from this, if we consider the viewpoint of humans, they would prefer reading short paragraphs rather than big stories and that’s how you shall proceed. To understand it better, review the sample Essays available on the Vedantu website and their App.

Essay on Constitution of India for Students and Children

500+ words essay on constitution of india.

The constitution of India came into force from 26 January. A special committee is gathered to draw and outline the constitution. The constitution gives all the details related to what is legal and what is illegal in the country. In addition, with the enforcement of the constitution, the Indian sub-continent become the Republic of India . Besides, the drafting committee consists of seven members that were supervised by B.R. Ambedkar. Moreover, the constitution helps in maintaining prosperity and peace in the country.

Salient Features of the Constitution

The list of salient features of the Indian constitution is very long and there are many uniqueness about it that you won’t find in any other countries constitution.

Longest Written Constitution

The first thing that makes the Indian constitution different is its length. The constitution of India contains a preamble, 448fourhundred, and forty-eight Articles, twenty-five groups, twelve Schedules, and five appendices. Moreover, it takes around 3 years to complete the draft of the constitution.

The Rigidity and Flexibility of the Indian Constitution

The constitution is hard as well as soft both at the same time. While on one side the supreme power needs to be followed carefully to maintain the law and order in the country, on the other side the citizen can appeal to amend the outdated provisions. But there are certain provisions that can be easily amended and there are some that take a lot of time and resources to amend. Furthermore, there have been more than 100 amendments in the constitution from the day of its enforcement.

Get the huge list of more than 500 Essay Topics and Ideas

The original constitution does not have preamble but it was later on added to the constitution. Also, it gives a detailed account of the constitution’s philosophy. The preamble states that India is a Socialist, Secular, Sovereign, and Democratic republic. In addition, it believes in equality, justice, and freedom of its people . The constitution puts the welfare of its people first rather than the state.

A Secular State

According to the constitution of India is a secular country that means that it does not give special status to any religion. Anyone can perform his religion freely.

It means a dictator or monarch does not rule the country. Moreover, it nominates and elects its head every five years.

Fundamental Policies

The constitution of t5he country states every fundamental duty of its citizens under it. These duties have to be followed by all the citizens of the country equally whether it’s a rich person or a poor one. Besides, these duties include the respect of national flag and national anthem , integrity and unity of the country, the safeguard of public property, and various others.

Directive State Principle or Policy

This policy is simple guidelines to the state in which ensure the development of its socio-economy via its policies.

In conclusion, the constitution serves as guidelines for every citizen. Also, law and rule are completely defined in the constitution. The head of the drafting committee Dr. B.R. Ambedkar has done a remarkable job that no one can forget. He and his team draft constitution that no other country has bale to do till date. Besides, the constitution has helped India to attain the status of the Republic in the world.

FAQs about Essay on Constitution of India

Q.1 Define what is the Indian constitution in simple words? A.1 The constitution is the supreme law of the country. Everything is predefined in it. Besides, the constitution is a framework that guides the procedures, policies, and power of the government.

Q.2 Who is known as the father of the Indian constitution? A.2 Dr. B.R. Amberdkar is the father of the Indian constitution because he was the head of the drafting committee that completed the constitution.

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Values, Rights, Duties And Responsibilities Of Indian Citizens

• Author(s): Journal of Legal Studies and Research
• Publication Date: September 16, 2020

Contents of this Post

Written by Neetu Jain

Advocate, Supreme Court of India

INTRODUCTION

The Preamble of our Constitution says, WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a  [SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC] and to secure to all its citizens: JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity; and to promote among them all FRATERNITY assuring the dignity of the individual and the [unity and integrity of the Nation].

The preamble can be referred to as the preface which highlights the entire Constitution , makes it very clear that the ideals of the Constitution have to percolate to every citizen of India.

India has a glorious history of democracy since ancient times. Eminent historian, Shri K P Jayaswal stated that the concept of the republic system in ancient India is older than the Roman or Greek republican system. The ancient republics or Janpadas such as Vaishali, Kapilavastu and Mithila etc. and their constitutions are older than 600 BC, and are the foundation of constitutional democracy of India.

Since ancient times, people in India have followed the tradition of performing their duties without questioning about their rights and privileges. Since time immemorial, an individual’s “kartavya” — the performance of one’s duties towards society, his/her country and his/her parents was emphasized. Describing the role of a king, at one place the greatest King Chandra Gupta Maurya’s Guru Chanakya, had stated that “It is a king’s utmost duty to look after the progress and welfare of the people of his country”.

Since time immemorial people in India has believed in the concept that Work is worship, thus emphasizing on one’s duty which means that if every individual performs their duties with sincerity, then it amounts to a worship mechanism. Here it is important to mention that Rig Veda talks about fundamental values which include harmony, tolerance, righteousness, respect for nature, and respect for the (unseen) supreme.

Bhagwad Gita and Ramayana also speak that an individual should perform their duties. In the Bhagwad Gita, Lord Krishna said that everyone should do their duties without expecting anything. Mahatma Gandhi once said that “I have learnt my duties in my mother’s lap, she was an illiterate woman but knew what was my dharma”. The beauty of this ancient thought is that the performance of duty protects our right and rights cannot be divorced from duties. Swami Vivekananda once rightly said, “it is the duty of every citizen to contribute and participate in the development and progress of India”.

RIGHTS OF PERSONS

In accordance with the ideals of the Preamble, the Fundamental Rights of Person have been ensured in Part III (Article 14- 32) of the constitution. These rights are applied irrespective of race, place of birth, religion, caste, creed, or gender. They are enforceable by the courts, subject to specific restrictions. They can broadly be classified as:

-Right to Equality (Article 14 – Article 18)

-Right to Freedom (Articles 19 – Article 22)

-Right to Education (Article 21A).

-Right against Exploitation (Articles 23 – Article 24)

-Right to Religion (Articles 25 – Article 28)

-Right to Culture and Education (Articles 29 – Article 30)

-Right to Constitutional Remedies (Article 32): In order to ensure that the Rights of Persons are protected, any person who believes that his rights have been affected by the actions of State has the right to move to the Supreme Court or High Court for enforcement of his rights and the Supreme Court and High Courts have the power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

DUTIES AND RESPONSIBILITIES OF INDIAN CITIZEN

PART IVA FUNDAMENTAL DUTIES 51A. It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; (b) to cherish and follow the noble ideals which inspired our national struggle for freedom; (c) to uphold and protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women; (f) to value and preserve the rich heritage of our composite culture; (g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures; (h) to develop the scientific temper, humanism and the spirit of inquiry and reform; (i) to safeguard public property and to abjure violence; (j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement; (k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

If we minutely study all the provisions of our Constitution, we find that very significant feature of our Constitution is that it balances citizens’ rights and duties. These are some social factors which have been grown with time, tradition and usage. The citizen’s duties as are enshrined with Constitution are important as a codification of such duties are an integral part of every citizen of India, which focus on tolerance, peace and communal harmony. A close look of the provision of Article 51A of the Constitution, indicate that a number of provisions refer to human values, which have been part of Indian tradition, mythology, religion and practices.

The chapter on Fundamental Rights in the Constitution itself recognizes the essence of duties. If we look at Article 19 which pertains to freedom of speech, we find that Clause 2 to 6 of the same article put some reasonable restrictions on the exercise of such rights in the interest of the sovereignty and integrity of India, and the security of the state, public order, decency and morality. Similarly, w.r.t other articles of part III of our Constitution. This implies that while exercising rights one must remember one’s duties towards these constitutional Rights.

No democratic polity can ever succeed where the citizens are concerned only about their rights and are not willing to actively participate in the process of assuming responsibilities, discharging their duties and strive to give their best in the interest of their nation. There are three things which build a nation. The first is noble ideals. The second is the capability of the citizens for achieving these ideals. The third and very important is that the constant and intense effort made by each and every Indian citizen to strive for excellence and take his country forward and foremost and make proud in the world.

Mahatma Gandhi, while commenting on the performance of duties had once said that the true source of right is a duty. While emphasizing on duties he meant that if we perform our duties than rights will not be far, however, If we leave the duty unperformed, and run after rights, we will not be able to get the rights.

It can be undoubtedly stated that the rights flow from duties when well performed. Harold Laski, the great political philosopher once said that the rights are related to functions and are given only in return for some duties to be performed. Rights are conferred on the individuals not for their individual up-liftmen but also for social and collective good.

Citizen is one of the foundations of the country. They are entitled to enjoy all the legal rights and privileges granted by a state to the people encompassing its constituency and are obligated to obey its laws and to attain his or her duties as called upon.

A responsible citizen abides by all the laws of the country, in return they get rights. However, rights come with duties such as casting a vote, paying government taxes and protecting the country from any foreign invasion. Being a good and responsible citizen of the country, one must engage in activities or assist in tackling issues such as keeping the environment clean, raising money for charities, conserving electricity, water, and natural resources, or protecting public properties, etc.

CAN THE LEGISLATION AMEND/ ALTER THE FUNDAMENTAL RIGHTS OF AN INDIVIDUAL PROVIDED BY THE CONSTITUTION OF INDIA.?

Here it is important to sum-up by mentioning three important Judgments of the Supreme Court on the issue of Fundamental Rights and power of Parliament to amend the Constitution. They are Golaknath Vs State of Punjab (1967AIR 1643) , Additional District Magistrate (ADM), Jabalpur vs Shivakant Shukla (1976 2 SCC 521 , and   Kesavananda Bharati State of Kerala (1973 4 SCC 225).

  The Golaknath Case (1967AIR 1643) pertained to challenging acquisition of farmlands in Punjab under land ceiling laws and the petitioner therein contended attachment of lands denied them equality and equal protection as constitutionally guaranteed.  In this matter, the 11-judge bench examined its own five-judge verdict in a previous case ( Sankari Prasad vs Union of India ) when the court ruled that parliament has the right to amend any part of the constitution.

The Hon’ble Apex court in Golaknath Case reversed its previous verdict of Sankari Prasad vs Union of India, however with the rider of the doctrine of “prospective overruling”, and declared that parliament did not have the power to amend fundamental rights, in part or in whole. The court also ruled that despite it being the parliament’s duty to enforce the directive principles of state policy, this could not be done by altering fundamental rights.

In Additional District Magistrate (ADM), Jabalpur vs Shivakant Shukla(1976 2 SCC 521) , popularly known as the Habeas Corpus case, which was decided by the  Supreme Court on April 28, 1976, by a bench of five judges, wherein the Hon’ble Supreme Court by majority held that  “In view of the Presidential Order dated 27 th June 1975 no person has any locus to move any writ petition under Article 226 before a High Court for habeas corpus or any other writ or order or direction to challenge the legality of an order of detention on the ground that the order is not under or in compliance with the Act or is illegal or is vitiated by mala fides factual or legal or is based on extraneous considerations.” The presidential order referred to in the conclusion of the judgment had declared that any right under Article 14,21, & 22 of the constitution of any person and all proceedings pending in any court for the enforcement of those rights would remain suspended during the Emergency was in force.

However, Justice Khanna, (one of the Judges of the Bench) in his dissent, held that  “ Article 21  cannot be considered to be the sole repository of the right to life and personal liberty. Sanctity of life and liberty was not something new when the constitution was drafted, and the principle that no one shall be deprived of his life and liberty without the authority of law was not the gift of the constitution, Justice Khanna declared.” Therefore, he reasoned that even in the absence of Article 21 in the constitution, the state has got no power to deprive a person of his life or liberty without the authority of law. It is important to note here that the later pronouncements of Supreme Court, on Article 21, of makes it clear that the dissenting opinion of the minority Judge, Justice Khanna is the way forward.

Kesavananda Bharati v State of Kerala ( 1973 4 SCC 225 ) , Judgment wherein one main question: was the power of Parliament to amend the Constitution unlimited? In other words, could Parliament alter, amend, abrogate any part of the Constitution even to the extent of taking away all fundamental rights?

On April 24, 1973, Chief Justice Sikri and 12 judges of the Supreme Court assembled to deliver the most important judgment in its history. Article 368(pertaining to the power of the Parliament to amend provisions of Constitution), on a plain reading, did not contain any limitation on the power of Parliament to amend any part of the Constitution. There was nothing that prevented the Parliament from taking away a citizen’s right to freedom of speech or his religious freedom. However, on account of Article 32, Supreme Court of India rose to the occasion and though 703-page judgment revealed a sharply divided court and, by a wafer-thin majority of 7:6, overruled the Golaknath  verdict and gave back to the parliament the right to amend the Constitution.  It was held that Parliament could amend any part of the Constitution so long as it did not alter or amend “the basic structure or essential features of the Constitution.” This was the inherent and implied limitation on the amending power of Parliament. Thus, the Judgment ensured that the Parliament can amend any part of the Constitution or impose any reasonable restriction on the rights of the people so long as it does not alter or amend the basic structure or essential feature of the Construction.

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A CRITICAL ANALYSIS OF FUNDAMENTAL RIGHTS IN THE CONSTITUTION OF INDIA: JUSTICIABILITY AND RECENT CASE LAWS

Published by admin on may 14, 2023 may 14, 2023.

This article is written by Gunjeeta Jangra of 1 st semester of National Law Institute University, Bhopal. 

In order to maintain peace and harmony, the constitutions of democratic countries provide for the provision of fundamental rights. These rights aim to protect the basic rights of their citizens and provide equality and thereby, create the rule of law and help in the growth and development of the society. In India, fundamental rights are provided in part III of the Constitution of India which are justiciable in nature. This article aims to discuss the types of fundamental rights and constitutional remedies provided by the Constitution of India in the instance of their violation, in the light of judgements passed in two recent case laws of 2023.

Keywords: fundamental rights, the constitution of India, writs, equality, freedom, expression, exploitation, freedom of religion, cultural and educational rights, constitutional remedies.

INTRODUCTION

Fundamental Rights or basic rights are the base of a democratic system. The objective behind fundamental rights is to provide citizens of a country with basic rights and freedom in order to preserve their individual autonomy and personal liberty while keeping in mind the democratic principle to treat all with equality in society. They also help preserve the interests and rights of the minority communities whether caste or religion based and thereby, help the democratic countries to achieve an all-inclusive growth of the nation and its citizens. Following the same principle and keeping in view the interests of every section of the Indian society, the makers of the Constitution of India granted broadly six (originally seven) fundamental rights to its citizens which cover various rights under their horizon.

This research article aims to critically analyse the provision of the fundamental rights in the Constitution of India, and constitutional remedies for their violation while discussing the recent case laws pertaining to the fundamental rights. The Section II of this article briefly discusses the six fundamental rights provided by the Constitution of India to protect the basic interests of the citizens. Section III of the article explains, in brief, the enforceability of the fundamental rights and the constitutional remedies provided to the citizens by the Indian Constitution against violation of their fundamental rights. Section IV highlights the issuance of the five writs by the Courts. Section V deals with the recent two case laws of 2023 related to fundamental rights and briefly discusses the implications of the judgements passed in these cases by the Court of Law.

FUNDAMENTAL RIGHTS IN THE CONSTITUTION OF INDIA

The concept of the fundamental rights in the Constitution of India was adopted from the Constitution of the United States which contains the fundamental rights called the “Bill of Rights”. For this reason, the fundamental rights in India are also called the “Bills of Rights of the Indian Constitution”. [1] They are also termed the “Magna Carta” of the Indian Constitution because the “Magna Carta” or the “Charter of Rights” was the first document which listed the fundamental rights and was issued in 1215 by King John of England. [2]

The Constitution of India provides basic rights and freedoms, which are incorporated as the “Fundamental Rights”, individually as well as collectively, to its citizens. Some of them such as Equality before the law and equal protection of laws, Protection of life and personal liberty, Protection in respect of conviction for offences and many others are available to the non-citizen as well (except enemy aliens).

The fundamental rights are contained in Part III (Articles 12 to 35) of the Constitution of India. They are broadly classified into six categories which have been mentioned below.

• Right to Equality: Articles 14 to 18 of the Constitution of India deal with the “Right to Equality”. [3]
• Right to Freedom: Articles 19 to 22 of the Constitution of India deal with the “Right to Freedom”. [4]
• Right against Exploitation: Articles 23 and 24 of the Constitution of India deal with the “Right against Exploitation”. [5]
• Right to Freedom of Religion: Articles 25 to 28 of the Constitution of India deal with the “Right to Freedom of Religion”. [6]
• Cultural and Educational Rights: Articles 29 and 30 of the Constitution of India deal with “Cultural and Educational Rights”. [7]
• Right to Constitutional Remedies: Article 32 of the Constitution of India deals with the “Right to Constitutional Remedies”. [8]

Article 31 which originally was one of the seven fundamental rights provided for the “Right to Property” was omitted by the Constitution (Forty-fourth Amendment) Act, 1978 and Article 31(1) has been shifted to Article 300A as a new insertion in Chapter IV in part XII of the constitution. [9]

CONSTITUTIONAL REMEDIES FOR THE VIOLATION OF THE FUNDAMENTAL RIGHTS IN INDIA

The Article 32 of the Constitution of India was called “Heart and Soul of Constitution of India” by Dr. B.R. Ambedkar. This Article provides the right to constitutional remedies against the violation of the fundamental rights in India i.e. the remedies for the enforcement of rights conferred by the Part III of the Indian Constitution. [10] Article 32 provides the Hon’ble Supreme Court with the powers to issue “directions or orders or writs, writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.” in order to provide justice against violation of such rights. [11] Article 32 can only be exercised against the violation of the six fundamental rights and not for other legal or constitutional rights for which other remedies are set out under various laws.

The Constitution of India under Article 226 (Power of High Courts to issue certain writs) also grants the powers to the High Courts to provide remedies for the violation of the fundamental right in the form of orders or writs. [12] Though the scope of Article 226 is wider and broader than that of Article 32, as it provides people with the right to approach the High Court directly for the enforcement of other legal rights as well. Therefore, the fundamental rights are “justiciable”, which is enforceable in the court of law in India.

FIVE WRITS IN THE CONSTITUTION OF INDIA

“A writ is a command given by the court to a person or an authority or both to act or not to act in a particular way.” [13] This is a formal written order which is issued by a court having authority. There are five writs enshrined in the Constitution of India to provide justice to the people whose fundamental rights have been violated by the state, which have been explained briefly below:

• Habeas Corpus

The meaning of the legal term “Habeas Corpus” is “to have the body of”. This writ is issued by the court in the case of “illegal detention” that is not legally justified as it curtails the “Fundamental Right to Personal Liberty” under Article 21 of the Indian Constitution.

The meaning of the legal term “Mandamus” is “we command”. This writ is issued by the court in order to enforce the public duties which are mandated by the law to the public authorities when they fail to do so.

• Quo Warranto

The meaning of the legal term “Quo Warranto” is “By what authority”. When this writ is issued, the person is required to show the authority to hold a public office in order to prove his appointment to the office is valid and lawful.

The meaning of the legal term “Certiorari” is “to be certified”. This writ is “corrective” in nature and issued by the Supreme Court or High Court when a lower court, tribunal or other authority while deciding a particular case, exceeds or lacks its jurisdiction or violates the principles of natural justice or there is an error on the face of the records. [14]

• Prohibition

This writ is a “preventive remedy” provided when the proceedings in a particular case are still going on and no final order has been passed. This writ is issued by the superior court to the lower court, tribunal or other authority while deciding a particular case, it exceeds or lacks its jurisdiction or violates the principles of natural justice or there is an error on the face of the records. It is also called “stay order”. [15]

RECENT DEVELOPMENTS IN 2023: CASE LAWS RELATED TO THE FUNDAMENTAL RIGHTS

Patel Dharmeshbhai Naranbhai v. Dharmendrabhai Pravinbhai Fofani [(2023) SCC OnLine Guj 986]

In this case law, the Hon’ble Gujarat High Court decided the conflict pertaining to the “Right to free trade” under Article 19(1)(g) and the “Right to safe food” under Article 21. In the case, following the directions of the High Court in a plea, the authorities sealed the meat shops/slaughterhouses which were violating the statutory laws by not complying with food safety laws, selling meat in unhygienic conditions or through unlicensed shops. [16] Consequently, the petitioners opposed the same by arguing that there is no proper mechanism for operating the meat business and that such closure violates their Right to free trade under Article 19(1)(g).

Main Ruling of the Court

In this case, the court noted that “Right to freedom of trade may be a fundamental right, but not a carte blanche. The above laws are enacted and operate in public good and public interest.” [17] Further, on the question of the Right to Safe Food, the court observed that “The right to food with hygiene is also concomitant to Article 21 of the Constitution, as the right to food itself is.” “Intervention is not called for by the court when it comes to abiding by the food safety etc. norms. It would be an overriding principle that the public concerns of hygiene and food safety will have to prevail.” [18]

This case is an example of the provision that though the fundamental right to do trade/business under Article 19(1)(g) is provided by the Constitution, the same cannot be enforced against the interest of the general public. This falls under one of the restrictions to this fundamental right under Article 19(6) of the Constitution of India which provides that the State can impose restrictions on the right under Article 19(1)(g) if the same is in the interests of the general public. [19]

Ved Yadav v. State (NCT of Delhi), [ (2023) SCC OnLine Del 943]

The landmark judgement in the case Ved Yadav v. State (NCT of Delhi) favoured the fundamental rights of inmates which are often neglected by the authorities. The Hon’ble Delhi High Court examined the important question of the human rights of an inmate, “Is a prisoner entitled to the same compensation and facility from the State in case he is a convict in a criminal case which he would have been entitled to in case he was not a convict?” [20]

The High Court opined that there is no employee-employer relationship between the prisoners and jail authorities as the inmates do not willingly enter into work employment agreement or contract and consequently, if any work-related injuries are suffered by the prisoners, they are entitled to remedies as “Constitution vision does not permit that any citizen should be rendered remediless in case of commission of an offence or infringement of a fundamental right or availing compensation for injuries even as a prisoner.” [21] Further, the Court observed that “justice for an inmate who has suffered disability due to an injury suffered which is work-related in the prison, has the fundamental right to get justice and compensation as per law.” [22]

The judgement in the present case reiterated the recognition of the right to equality, the right to life and human dignity of a prisoner who has been convicted and tried to give meaning to the existing rights of the prisoners. [23] The court also laid down guidelines regarding the remedy available against the work-related injuries suffered during the imprisonment by the inmates. While the basic human rights of the prisoners get often neglected, this is a landmark judgement which favoured the fundamental rights of prisoners.

The fundamental rights are the soul of the existence of democracy in a country. They protect the individual liberty of citizens of every section of the society, whether majority or minority and provide equal rights to every citizen before the law. In India, we have broadly six categories of fundamental rights in the Constitution of India. It is an established fact that “rights without remedies are no rights”. Following this principle in the Constitution of India, Article 32 provides for constitutional remedies against the violation of the fundamental rights and different types of writs are issued by the Supreme Court of India and the High Courts in such violation. The judgements of the Court of Law in the above-mentioned two recent case laws of 2023 clearly depict that fundamental rights provide equal representation and rights to every citizen even as a prisoner but the same is subject to certain restrictions in some instances as provided in the Constitution of India.

[1] Jagpravesh Singh, What are Fundamental Rights?, Legal Service India E-Journal, available at https://www.legalserviceindia.com/legal/article-5537-what-are-fundamental-rights-.html , last seen on 08/05/2023.

[2] Balaji, Which Part of the Constitution is called the Magna Carta?, available at https://byjusexamprep.com/upsc-exam/which-part-of-the-constitution-is-called-the-magna-carta , last seen on 08/05/2023.

[3] The Constitution of India.

[9] Laxman, Emergence of Article 31 A, B and C and its validity, Legal Service India E-Journal, available at https://www.legalservicesindia.com/article/1435/Emergence-of-Article-31-A, -B-and-C-and-its-validity.html , last seen on 08/05/2023.

[10] Art. 32, the Constitution of India.

[12] Art. 226, the Constitution of India.

[13] Harshkarad, 5 Types Of Writs In Indian Constitution, Legal Service India E-Journal, available at  https://www.legalserviceindia.com/legal/article-9960-5-types-of-writs-in-indian-constitution.html , last seen on 08/05/2023.

[14] Sneha Mahawar, All you need to know about the writ of certiorari, ipleaders blog, available at https://blog.ipleaders.in/all-you-need-to-know-about-the-writ-of-certiorari/#The_writ_of_Certiorari , last seen on 09/05/2023.

[15] Michael Shriney, All you need to know about the writ of prohibition, ipleaders blog, available at https://blog.ipleaders.in/all-you-need-to-know-about-the-writ-of-prohibition/#Grounds_on_which_the_writ_of_Prohibition_can_be_issued , last seen on 09/05/2023.

[16] Patel Dharmeshbhai Naranbhai v. Dharmendrabhai Pravinbhai Fofani,  (2023) SCC OnLine Guj 986.

[19] Art. 19(6), the Constitution of India.

[20] Ved Yadav v. State (NCT of Delhi), (2023) SCC OnLine Del 943.

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Essay on Fundamental Rights

The term "fundamental rights" refers to the fundamental human rights of all citizens. These rights are guaranteed regardless of a person's gender, caste, religion, race, creed, or place of birth. These are upholdable in court, with some limitations. The Indian Constitution gives the public certain fundamental rights, with the caveat that any subsequent legislation that differs from these rights may be declared unconstitutional. Here are a few sample essays on the topic ‘Fundamental Rights’.

100 Words Essay on Fundamental Rights

200 words essay on fundamental rights, 500 words essay on fundamental rights.

The fundamental liberties protected by our Constitution are the foundation upon which our country is built. Without them, things like opposition and dispute could have been difficult. Since they are legal and enforceable by courts, they are a weapon of power in the hands of the ordinary person. The government's ability to suspend the clauses governing fundamental rights in times of crisis can be harmful and hazardous.

In 1971, when India's National Emergency was proclaimed, then-prime minister Indira Gandhi issued an order suspending all fundamental rights. Many significant members of society and political leaders were detained during that time without being accused.

Fundamental rights are those that support a nation's citizens in their development. In India, part III of the Constitution contains a statement of fundamental rights. These rights aid in the social advancement of those from lower socioeconomic classes. A person must answer the law in court if they violate fundamental rights.

Everyone in the nation is entitled to fundamental rights, regardless of caste, gender, or other characteristics. A welfare state is a nation where safeguarding the welfare of its citizens is given top priority. Fundamental rights aid such a welfare state. In our country, there are six basic rights: the right to religious liberty, the right to freedom and an independent press, the right to equality, the right to legal recourse, and the right to be free from exploitation.

Fundamental rights are significant because they advance people's quality of life within societies. For instance, discrimination based on race, caste, gender, and other factors is prohibited by the right to equality. It discusses how everyone should have equal access to employment and public spaces.

The Supreme Court of India has interpreted fundamental rights multiple times throughout the years, resulting in various interpretations associated with them. The Right to Education was once only a Directive principle, but later it was included in the Constitution's fifth section, making it a fundamental right.

Some fundamental rights are widely acknowledged as essential to human existence and vital for human development. The value of a man's presence would be zero without fundamental freedoms. Therefore, the primary focus of the political institution's purpose and duty is to enable all people—especially minorities—to live in dignity and to exercise their rights to equality, grace, and religious freedom. Fundamental rights are divided into six categories: equality, freedom, protection from exploitation, freedom of religion, access to culture and education, and constitutional remedies.

Right to Equality

This right covers equal protection under the law, equal opportunity in public employment, the elimination of untouchability, and the right to equality before the law, which prohibits discrimination based on caste, creed, colour, or sex. Additionally, it specifies that all public spaces must be accessible to all citizens equally.

There are reservations in government services for war widows or those with physical disabilities, scheduled castes, scheduled tribes, or other underprivileged groups to ensure equal opportunity. This legal protection was created to end the long-standing untouchability practices in India.

Right to Freedom

This freedom of speech and expression, as well as the ability to form unions and organisations, are all included in this right. It also has the freedom to live anywhere in India, to travel anywhere in India, and to pursue any line of work that interests them.

Any Indian citizen has the full right to buy, sell, and own property in any location within the nation, according to this right. People will be free to engage in any trade or enterprise per these rights.

Right to Exploitation

Banning all forms of forced labour is a part of this right. No one has the right to exploit another person under these rights.

As a result, human trafficking and begging are now considered crimes, and anyone found guilty must face punishment. According to these rights, it is illegal to traffic women, children, and other people for unlawful reasons. A minimum wage must be paid for labour, and there can be no exceptions.

Right to Freedom of Religion

All Indian citizens will have complete freedom of conscience according to these rights. The freedom to freely embrace, practise, and disseminate the religion of one's choosing belongs to everyone. The government is not allowed to interfere in anyone's religious matters in any way. All religions have the right to create and support institutions that serve religious and philanthropic goals. Additionally, they will have complete autonomy over how to exercise their rights.

Cultural and Educational Rights

As education is every child's fundamental right, this is one of the most significant rights. According to this right, everyone has the freedom to adhere to the culture of their choice. Everyone is also free to pursue the educational path of their choice.

There would be no discrimination against anyone in educational institutions based on their culture, caste, or religion.

Fundamental rights profoundly impact every citizen's life. All rights are necessities for people since they can protect us in times of complexity and hardship and aid in our development as good people.

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Fundamental Rights And Duties In Indian Constitution: Explained In Detail

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Introduction:

The Constitution of India is the supreme law of the land, which lays down the basic framework and principles for the governance of the country. It was adopted by the Constituent Assembly of India on 26th November 1949 and came into effect on 26th January 1950. The Indian Constitution is unique in the sense that it not only guarantees a set of fundamental rights to its citizens but also imposes certain duties and responsibilities upon them. This blog aims to explain the fundamental rights and duties enshrined in the Indian Constitution .

The concept of fundamental rights and duties in the Indian Constitution has evolved significantly since its inception. These elements form the bedrock of Indian democracy, ensuring a balance between individual freedoms and societal responsibilities. Understanding the historical evolution of these rights and duties is crucial to appreciate their current interpretation and application in India's diverse and dynamic society.

Fundamental Rights:

Fundamental rights are the basic rights guaranteed to the citizens of India by the Constitution. These rights are essential for the development of an individual's personality and dignity. The Constitution of India guarantees six fundamental rights to its citizens, which are as follows:

1. Right to Equality:

The right to equality is one of the most important fundamental rights enshrined in the Indian Constitution. It ensures that all individuals are equal before the law and prohibits discrimination based on caste, race, religion, sex or place of birth. This right is guaranteed under Articles 14 -18 of the Constitution.

The Right to Equality, enshrined in In-Depth Analysis of Article 14 of the Indian Constitution " href="/redirection.asp?article_id=1468188&company_id=32736&redirectaddress=https://www.centurylawfirm.in/blog/article-14-of-theindian-constitution/" data-internallinksmanager029f6b8e52c="56" target="_blank">Articles 14 to 18, is foundational to the Indian Constitution, symbolizing the nation's commitment to a just and equitable society. This right challenges historical inequalities and mandates equal treatment under the law, irrespective of a person's background. Landmark cases like 'Kesavananda Bharati vs State of Kerala' have reinforced the importance of equality as a part of the basic structure of the Constitution.

2. Right to Freedom:

The right to freedom guarantees certain freedoms to the citizens of India, such as freedom of speech and expression, freedom of assembly, freedom of association, freedom of movement and freedom of residence. This right is guaranteed under Articles 19 -22 of the Constitution.

The Right to Freedom, covered under Articles 19 to 22, encompasses a broad spectrum of freedoms ranging from speech and expression to movement and residence anywhere in India. It also includes the right to practice any profession and the protection in respect of conviction for offenses. This right is fundamental in ensuring that citizens enjoy liberty in various aspects of their life, balanced with reasonable restrictions for the state's integrity and public order. The Supreme Court 's interpretation in cases like 'Maneka Gandhi vs Union of India' has been pivotal in expanding the understanding and scope of these freedoms.

3. Right against Exploitation:

The right against exploitation prohibits trafficking, forced labour and other forms of exploitation. It is guaranteed under Articles 23-24 of the Constitution.

Articles 23 and 24 of the Indian Constitution prohibit all forms of human trafficking and child labor, ensuring that no citizen is subject to exploitation and forced labor. This right is crucial in combating societal issues like child labor and human trafficking. Through various judicial decisions, the courts have expanded the interpretation of this right to include various forms of exploitation, thus safeguarding the dignity and well-being of vulnerable sections of society.

4. Right to Freedom of Religion:

The right to freedom of religion ensures that every citizen of India has the right to profess, practice and propagate their religion. This right is guaranteed under Articles 25-28 of the Constitution.

Enshrined in Articles 25 to 28, the Right to Freedom of Religion guarantees every citizen the freedom to practice, profess, and propagate their religion. This set of rights establishes India as a secular state, where the state does not endorse any particular religion and ensures freedom of worship. The apex court has continually upheld these freedoms while ensuring they do not infringe on public order and morality.

5. Cultural and Educational Rights:

The Constitution of India guarantees certain cultural and educational rights to the citizens of India. It includes the right to preserve and promote one's culture, the right to education and the right to linguistic and minority rights. These rights are guaranteed under Articles 29-30 of the Constitution.

Articles 29 and 30 protect the rights of minorities to preserve their language, script, and culture, and the right of minorities to establish and administer educational institutions. These rights are fundamental in upholding India's cultural diversity and ensuring that minority groups can preserve and cultivate their unique heritage and educational practices.

6. Right to Constitutional Remedies:

The right to constitutional remedies is the most important fundamental right enshrined in the Indian Constitution. It provides a mechanism for the citizens to enforce their fundamental rights. This right is guaranteed under Article 32 of the Constitution.

Article 32 is known as the 'heart and soul' of the Indian Constitution, as articulated by Dr. B.R. Ambedkar. It empowers citizens to approach the Supreme Court directly in case of any violation of their fundamental rights. This right is critical in ensuring the protection and enforcement of the fundamental rights, making them not merely declaratory but also enforceable in courts of law.

Fundamental Duties:

The Indian Constitution imposes certain duties and responsibilities upon its citizens, which are essential for the well-being and progress of the society as a whole. The Fundamental Duties were added to the Constitution by the 42nd Amendment Act, 1976. The Constitution of India provides for 11 fundamental duties which are as follows:

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.
• To cherish and follow the noble ideals which inspired our national struggle for freedom.
• To uphold and protect the sovereignty, unity and integrity of India.
• To defend the country and render national service when called upon to do so.
• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities.
• To value and preserve the rich heritage of our composite culture.
• To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures.
• To develop the scientific temper, humanism and the spirit of inquiry and reform.
• To safeguard public property and to abjure violence.
• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
• To provide opportunities for education to their child or ward, between the age of 6 and 14 years.

The fundamental duties, added by the 42nd Amendment in 1976, serve as a reminder of the citizen's role in nation-building and maintaining social harmony. These duties, encompassing respect for national symbols, the environment , and the promotion of scientific temper, are as vital as rights for fostering a responsible and aware citizenry.

Explanation of Fundamental Duties:

• To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem:

This duty requires every citizen of India to respect and uphold the ideals and institutions of the Constitution, such as democracy, secularism, and socialism. Citizens should also respect the national symbols, such as the National Flag and National Anthem.

• To cherish and follow the noble ideals which inspired our national struggle for freedom:

This duty requires every citizen of India to respect and follow the ideals of the Indian freedom struggle, such as non-violence, equality, and justice. This duty emphasizes the importance of respecting the sacrifices of our freedom fighters.

• To uphold and protect the sovereignty, unity and integrity of India:

This duty requires every citizen of India to defend the sovereignty, unity, and integrity of the country against all threats. It emphasizes the importance of national security and patriotism.

• To defend the country and render national service when called upon to do so:

This duty requires every citizen of India to be ready to defend the country against any external or internal threat. It also emphasizes the importance of national service, such as volunteering for social causes.

• To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities:

This duty requires every citizen of India to promote communal harmony and brotherhood among all the people of the country, regardless of their religion, language, or region. It emphasizes the importance of national integration and social cohesion.

• To value and preserve the rich heritage of our composite culture:

This duty requires every citizen of India to respect and preserve the rich cultural heritage of the country, which is a composite of various cultures, religions, and traditions. It emphasizes the importance of cultural diversity and national unity.

• To protect and improve the natural environment including forests, lakes, rivers and wildlife, and to have compassion for living creatures:

This duty requires every citizen of India to protect and improve the natural environment, including forests, lakes, rivers, and wildlife. It emphasizes the importance of environmental conservation and sustainability.

• To develop the scientific temper, humanism and the spirit of inquiry and reform:

This duty requires every citizen of India to develop a scientific temper and a spirit of inquiry and reform. It emphasizes the importance of scientific and rational thinking in the progress of the country.

• To safeguard public property and to abjure violence:

This duty requires every citizen of India to protect public property and abjure violence. It emphasizes the importance of non-violence and respect for public property.

• To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement:

This duty requires every citizen of India to strive towards excellence in all spheres of individual and collective activity. It emphasizes the importance of hard work, dedication, and excellence in the progress of the country.

• To provide opportunities for education to their child or ward, between the age of 6 and 14 years:

This duty requires every parent or guardian to provide opportunities for education to their child or ward, between the age of 6 and 14 years. It emphasizes the importance of education in the development of the individual and the progress of the country.

The Fundamental Duties were added to the Indian Constitution through the 42nd Amendment Act of 1976. The main objective of adding Fundamental Duties was to ensure that the citizens of India are conscious of their duties towards the nation and society. Some of the additional information on Fundamental Duties are:

• The Fundamental Duties are not enforceable by law. However, they are fundamental in the governance of the country.
• The Fundamental Duties are based on the principle of "dharma" or duty, which is deeply rooted in Indian culture and tradition.
• The Fundamental Duties are meant to be complementary to the Fundamental Rights. They remind citizens that while they have certain rights, they also have certain obligations towards the society and the country.
• The Fundamental Duties are not exhaustive. They are broad guidelines and principles, which can be interpreted in the light of changing times and circumstances.
• The Fundamental Duties are not limited to citizens alone. They also apply to the government, which is expected to uphold and promote these duties.

Conclusion:

The Indian Constitution provides for both fundamental rights and duties, which are essential for the well-being and progress of the society. While fundamental rights ensure the dignity and development of the individual, fundamental duties emphasize the responsibilities and obligations of the citizens towards the society and the country. It is the duty of every citizen of India to respect and uphold these fundamental rights and duties, which are the foundation of our democracy and the progress of our country. The Fundamental Rights and Duties are the cornerstone of the Indian Constitution. They ensure that every citizen of India is guaranteed certain rights and is aware of their duties towards the society and the country. While the Fundamental Rights protect the dignity and development of the individual, the Fundamental Duties promote social cohesion, patriotism, and national integration. It is the duty of every citizen of India to respect and uphold these Fundamental Rights and Duties, which are the bedrock of our democracy and the progress of our country.

The interplay of fundamental rights and duties is pivotal for the progress and harmony of Indian society. These constitutional provisions not only protect individual liberties but also foster a sense of collective responsibility, crucial for the nation's holistic development.

These rights are protected by Constitutional remedies such as Writs . At Century Law Firm , our team of experienced lawyers has a deep understanding of the complexities involved in writ petitions .

Frequently Asked Questions (FAQs) on Fundamental Rights and Duties in the Indian Constitution:

• What is the difference between Fundamental Rights and Directive Principles of State Policy?

Fundamental Rights are the individual rights guaranteed by the Constitution, while Directive Principles of State Policy are the guidelines and principles for the governance of the country. While Fundamental Rights are justiciable, Directive Principles of State Policy are not enforceable by the courts.

• Can the Fundamental Rights be suspended during an emergency ?

Yes, during a national emergency declared under Article 352 of the Constitution, the Fundamental Rights can be suspended except for Articles 20 and 21.

• What is the significance of the Right to Constitutional Remedies?

The Right to Constitutional Remedies is considered to be the most important Fundamental Right, as it guarantees the right to approach the Supreme Court of India for the enforcement of Fundamental Rights. It ensures that the individual is not deprived of his or her rights by the state or any other authority.

• What are the Fundamental Duties of an Indian citizen?

The Fundamental Duties of an Indian citizen include respecting the Constitution, national flag, and national anthem, promoting harmony and the spirit of common brotherhood, protecting the natural environment, and striving towards excellence in all spheres of individual and collective activity.

• Are Fundamental Duties enforceable by law?

No, Fundamental Duties are not enforceable by law. However, they serve as a reminder to citizens that they have certain obligations towards the society and the country.

• Can Fundamental Rights be amended?

Yes, Fundamental Rights can be amended, but only to the extent that they do not affect the basic structure of the Constitution.

• What happens if a law is in violation of Fundamental Rights?

If a law is in violation of Fundamental Rights, it can be struck down by the courts as unconstitutional.

• Can Fundamental Rights be restricted by the state?

Yes, Fundamental Rights can be restricted by the state, but only if there is a reasonable basis for such restriction. For example, the right to free speech and expression can be restricted if it poses a threat to national security or public order.

• Are Fundamental Rights absolute?

No, Fundamental Rights are not absolute. They are subject to reasonable restrictions, as mentioned in the Constitution.

• What is the difference between legal rights and Fundamental Rights?

Legal rights are rights that are recognized by law and can be enforced by the courts. Fundamental Rights, on the other hand, are the basic rights guaranteed to citizens by the Constitution. While legal rights can be limited or modified by the law, Fundamental Rights are protected by the Constitution and cannot be taken away or limited by the law.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Essay on Fundamental Rights

The Fundamental Rights are an integral part of the Indian Constitution. The basic human rights of all the citizens are defined as Fundamental Rights. In part III of the Constitution, it is stated that these rights are given irrespective of a person’s gender, caste, religion, race, creed, or place of birth. These are enforceable by the courts, subject to precise restrictions. These are guaranteed by the Constitution of India as civil liberties according to which all the Indians can lead their lives in harmony and peace as citizens.

Long and Short Essay on Fundamental Rights in India in English

The Fundamental rights contain the rights common in most liberal democracies such as equality before the law, freedom of peaceful assembly, freedom of speech, freedom of expression, freedom of association, freedom to practice religion and rights to constitutional remedies for the protection of civil rights. It is also described in the Indian Penal Code that breach of these rights results in punishment. Every citizen has the right to enjoy for these rights for the pleasant progress of his/ her personality. These rights universally apply to all citizens. We have given below number of long and short essay on Fundamental rights under various words limit, you can select any Fundamental rights essay as per your need and interest:

Fundamental Rights Essay 1 (200 words)

Addition of Fundamental Rights in the constitution has been appreciated. These days development of a state is calculated by the rights which it extends to its populace. Fundamental Rights in the Indian Constitution have been given to the public with the condition that all succeeding laws enacted dissimilar to these rights could be affirmed unconstitutional.

Deal of Fundamental Rights as specified in the Constitution has, however, been much criticized. Some critics have gone to the point of saying that Constitution makers in India have provided rights with one hand and taken by the other. A division of the Constitution is dedicated to the fundamental rights, which Indians can benefit from during normal times. These Rights can, however, be taken away from them during emergencies. The Rights, along with other things, comprise the right to freedom of assembly, association, faith, expression, etc.

The courts of law are capable to declare any law, which violates these rights as unconstitutional if there is a need. Such an action can be in use only if a plea is furnished by a citizen to review a law or an executive order.

Fundamental Rights Essay 2 (300 words)

The need to provide fundamental rights to the citizens was felt after the French Revolution and the US freedom struggle. It was then that the nations around the world thought of giving some essential rights to their citizens.

Historical Background of the Fundamental Rights

‘The Declaration of Rights of Man was adopted in 1789 by the French National Assembly. The USA Constitution also included a section on Fundamental Rights. The General Assembly of UNO adopted Universal Declaration of Human Rights which was made in December 1948. This included social, economic, political and cultural rights of the people.

In India, the suggestion of including religious and cultural rights as basic rights of the citizens was made by Nehru Committee Report of 1928. However, the Simon Commission did not favor this idea of inclusion of Fundamental rights in the Constitution. At Karachi session in 1931, The Indian National Congress again demanded a written assurance for Fundamental Rights in any future constitutional setup in India. At the round table conference held in London, the demand for fundamental rights was emphasized. Later at the 2nd round table conference, a memo was circulated by Mahatma Gandhi demanding a guarantee of including – Protection of their culture, language, script, profession, education and religious practice and to protect the rights of minorities.

In 1947, after the independence, the constituent assembly pledged for future governance. It demanded a Constitution that guaranteed all the people of India – justice, social, economic and political equality, equal opportunity, freedom of thought, expression, faith, worship, belief, association, vocation and action subject to law and public morality. It also guaranteed special facilities for the minorities, backward classes, and schedule caste people.

The right to equality personified within the Constitution will doubtless be thought as a firm step towards the institution of democracy in the Republic of India. Indian nationals are being assured through these Fundamental rights that they can lead their life in harmony as long as they live in Indian democracy.

Fundamental Rights Essay 3 (400 words)

The Fundamental Rights included in the Indian constitution are a way to ensure that the people get to lead a decent life in the country. These rights however have some peculiar features which are usually not found in the constitution of other countries.

Peculiar Features of the Fundamental Rights

Fundamental Rights are not absolute. They are subject to reasonable limitations. They strike stability between a person’s freedom and social safety. But the reasonable restrictions are subject to legal review. Here is a look at some such peculiar features of these rights:

• All Fundamental Rights can be suspended. Right to freedom is automatically suspended during Emergency in the interest of safety and integrity of the country.
• A number of Fundamental rights are for the Indian Citizens only, but few of the Fundamental Rights can be enjoyed by both citizens and non-citizens.
• Fundamental Rights can be amended but they cannot be abolished. The abrogation of Fundamental rights will breach the basic formation of the Constitution.
• Fundamental Rights are both positive and negative. The negative rights prevent the state from doing certain things. It prevents the state from making discrimination.
• Some Rights are available against the state. Some rights are available against individuals.
• The Fundamental Rights are justifiable. A citizen may approach the court of law when his fundamental rights are violated.
• Some Fundamental Rights may not be available to a person working in Defense services as they are restricted from some of the rights.
• The Fundamental Rights are political and social in nature. No economic rights have been guaranteed to the Citizens of India although without them the other rights are of slight or of no importance.
• Each Right is conditioned by certain duties.
• Fundamental rights have a comprehensive approach and they tend to safe guard our social, economic, cultural and religious interests.
• These are an integral part of the Constitution cannot be altered or taken away by ordinary legislation.
• Fundamental Rights are an indispensable part of our Constitution.
• Twenty-four articles are enjoined with these Fundamental Rights.
• Parliament can amend Fundamental Rights by a special procedure.
• Fundamental Rights aim at restoring collective interest along with individual interest.

There is no right which has no corresponding obligations. It is, however, worth remembering that the Constitution has very extensively elaborated rights and the courts of law have very little to twist these to suit their convenience or take shelter of duties.

Fundamental Rights Essay 4 (500 words)

The Constitution of India guarantees the Fundamental rights to its citizen and the citizens can have right to speech and expression yet there are some restrictions and exceptions attached to these rights.

Restrictions on Fundamental Rights

A citizen cannot relish Fundamental Rights completely or at will. Within some Constitutional restriction, a citizen can enjoy their rights. The Constitution of India imposes some rational limitations upon the enjoyment of these Rights so, that public order, morality, and health remain intact.

The Constitution always aims at re-establishment of communal concerns along with individual interest. For example, right to religion is subjected to limitations forced by the state in the interest of public order, ethics, and health so that the freedom of religion may not be ill-treated to commit crimes or anti-social activities.

Similarly, rights guaranteed by article-19 do not mean absolute freedom. Complete individual rights cannot be assured by any current state. Therefore, our Constitution also empowered the state to impose reasonable limitations as may be necessary for the larger interest of the community.

Our Constitution attempts to strike equilibrium between individual liberty and social control and to set up a welfare state where communal interest gets importance over individual interest. Freedom of speech and expression is also subjected to logical restrictions forced by the state linking to insult, contempt of court, decency or morality, security of the state, friendly relations with foreign states, stimulation to an offense, public order and maintenance of the sovereignty and integrity of India.

Freedom of assembly is also subject to reasonable limitations imposed by the state. The assembly must be non-violent and without arms and weapons and should be in the interest of public order. Freedom of press which is included in the wider liberty of expression is also subjected to reasonable limitations and the state can inflict restriction on freedom of the press in the superior interest of the state or for the avoidance of contempt of court, defamation or incitement to an offense.

It is apparent for the Indian government to preserve peace and harmony in a multi-religious, multicultural and multi-lingual nation. One can understand this concern taking into consideration the socio-political circumstances which existed in 1972 – The Bangladesh war had just ended, and the nation was yet to recover from the huge refugee incursion. It was also during that phase that local & regional parties such as Shiv Sena and Asom Gana Parishad were becoming more discordant, and religious-cultural organization like the RSS and Jamat-e-Islami had turned out to be violent in their tone and acts. Still, it cannot be denied that the Indian government over-reacted in enacting the draconian IPC sections referred to above and, later, in striking the emergency.

No freedom can be unconditional or totally unrestricted. While it is essential to sustain and protect freedom of speech and expression in a democracy, so also it is required to put a few curbs on this freedom for the maintenance of social order. Accordingly, under Article 19 (2), the state may make a law striking practical restrictions on the exercise of the right to freedom of speech and expression in the interest of the security of the State, public order, sovereignty, and integrity of India or in relation to contempt of Court.

Fundamental Rights Essay 5 (600 words)

There are some basic rights that are well-known as fundamental to human existence and crucial for human expansion. In the absence of these rights, a man’s existence would be worthless. Thus when the political institutions were made, their role and responsibility mainly focused on empowering the people especially the minorities to live in dignity with rights of equality, dignity and religious freedom.

Classification of Fundamental Rights

Fundamental Rights have been classified into 6 categories. These are:

Right to Equality

Right to Freedom

Right against Exploitation

Right to Freedom of Religion

• Cultural and Educational Rights

Right to Constitutional Remedy

Now let us know about these 6 Fundamental Rights in brief:

It includes the equality before the Law which means prohibition of discrimination on the basis of caste, creed, color or sex, Equal protection of law, equal opportunity in public employment and abolition of untouchability and titles. This states that all the citizens are equal before the law and there can be no discrimination of any manner. This right also states that everyone shall have equal access to all the public places.

To provide equal opportunities, there will be no reservation in government services except in the case of scheduled caste, scheduled tribes, and other backward classes, for war widows and physically handicapped person.

This right was mainly introduced to abolish untouchability, which was practiced in India for decades.

It includes the freedom of speech, freedom of expression, freedom to form unions and associates and freedom to travel anywhere in India, freedom to live & settle in any part of India and the freedom to choose any profession.

It also states that any citizen of India has the full right to purchase, sell and hold property in any part of the country. People will have the liberty to indulge in any trade or business. This right also defines that a person cannot be convicted twice for the same offense and also cannot be compelled to stand as a witness against oneself.

This includes the prohibition of any form of forced labor. Children, below the age of 14 years are not allowed to work in mines or factories where the risk of life is involved. According to this, no person has the right to exploit the other person in any way. Thus, human trafficking & begging have been made legal offenses and those found involved are to be penalized. Likewise, slavery and traffic among women and children for dishonest purposes has been declared an offense. Payment of minimum wage against the labor is defined and no compromise is allowed in this regard.

It states that there will be full freedom of conscience for all citizens of India. All shall have right to freely adopt, practice and spread the religion of their choice and that the state shall not hinder in any religious affairs of any individual in any manner. All religions shall have a right to establish and uphold institutions for religious and charitable purposes and will be free to manage their own affairs in respect to these.

Cultural and Educational Right

This is one of the most important rights, as education is considered to be the primary right of each child. Cultural right states that every nation wants to preserve its cultural heritage. According to this right, all are free to develop the culture of their choice and free to get any type of education they want. No individual will be denied admission in any of the educational institutes on the basis of their culture, caste or religion. All the minorities have the right to establish their own educational institutes.

This is a very special right given to the citizens. According to this right, a citizen has the power to go to the court in case any of the above mentioned fundamental rights are denied to him/her. The court stands as a guard against the breach of these rights. If in any case the government forcefully or intentionally does injustice to any individual or if a person is imprisoned without any reason or by the unlawful act then Right to Constitutional Remedy allows the person to go to the court and get justice against the actions of government.

Conclusion :

Fundamental rights play a very significant role in the life of a citizen. These rights can defend during the time of complexity & difficulty and help us grow into a good human being.

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The End of a Dream? The Rise and Fall of India’s Secular Constitutionalism

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Originally published by Verfassungsblog. Find the original publication of the blog post here .

“ I do not expect India of my dream to develop one religion, i.e., to be wholly Hindu, or wholly Christian, or wholly Musalman, but I want it to be wholly tolerant, with its religions working side by side with one another. ” [1]

The Bharatiya Janata Party (BJP) may have officially declared war on the hijab in 2022, but the Hindu right’s battle strategy has been set in place since at least 2014 when the BJP rose to power under the leadership of Narendra Modi. A tenacious master of populism, the BJP has successfully altered the mainstream Hindu perception of the Muslim as a threat to secularism. Within this imaginary, Muslims are believed to constantly seek exemptions from the secular regulations constraining the Hindu community. The strategy is uncreative at best, tired at worst, but its efficiency speaks for itself. Consider the 2022 hijab controversy , which concerned a decision by a college in Udupi, Karnataka, to ban the hijab in the classroom. In the following weeks, Muslim students staged protests across the state, demanding access to education and respect for their religious freedom. In response, federal and state right-wing groups incited counter-protests by Hindu students donning saffron scarves to decry the alleged differential benefits granted to Muslims. The unrest culminated in the government issuing an Order requiring State public schools to adhere to the established uniform, effectively validating the hijab ban. [2] In schools that did not have a uniform, the Order mandated the implementation of a code that “does not threaten equality, unity, and public order.” [3]

Several Muslim students petitioned the Karnataka High Court to declare the ban unconstitutional for violating religious freedom per Article 25 of the Constitution. [4] Relying on the Essential Practices Doctrine (EDP), in Aishat Shifa v State of Karnataka & Ors. ( Aishat Shifa ), the High Court upheld the ban, concluding that, as the hijab is not an essential religious practice, the protections provided in Article 25 do not apply. [5] The matter was appealed to the Supreme Court where Justices Gupta and Dhulia delivered a split verdict. [6] India’s apex court maintained the ban while the Chief Justice referred the matter to a larger Bench. In a twist of events, in May 2023, the BJP lost the state elections to the Congress Party, which announced, in December of that year, its intention to overturn the hijab Order . The saga is far from over, however, as India remains embroiled in political unrest over religious differences and an increasing rollback of minority rights. In any case, the Supreme Court decision reveals a bigger problem. If the BJP has destroyed India’s secularism, so too has the Essential Practices Doctrine (EPD).

Though I am sympathetic to the initial rationale behind the adoption of the EPD as a tool to mediate religious differences in the newly formed Indian state, the doctrine is so patently anti -secular that its present application by the courts is indefensible. The test enables the judiciary to adjudicate theological matters in a State defined as secular precisely because it is held to be agnostic to theological matters. The upholding of the hijab ban based on the EPD by the High Court and by Justice Gupta drives this point home. Courts limit constitutional protections to such beliefs and practices that they consider essential to the faith, rather than protecting those which are sincerely held. In a secular system, a court’s authority to interpret religion is antithetical to the principle of secularism itself. [7] Where courts privilege one religious interpretation over another, the effect is to render religious freedom rights tautological; a claimant has no right to State-granted protections because the practice they seek to protect is non-essential, and such practice is non-essential because the State argued so.

For the judiciary to be the arbiter of religious dogma is certainly not secular. When a protection is sought under the constitutional right to freedom of religion, “it is not required for an individual to establish that what he or she asserts is an [essential religious practice].” [8] Drawing from Canadian jurisprudence, I argue for a sincerity-based approach, where questions of essentiality are best left to the believer herself, keeping courts out of theology and theology out of courts.

The Essential Practice Doctrine

Guaranteeing minority rights and religious freedom were necessary conditions for postcolonial India’s pluralist democracy. At the same time, India’s transformatory Constitution empowered the state to reform the worst excesses of religion. Article 25 entrenches religious freedom, simultaneously establishing a “principled distance” [9] between the State and religion and mandating religious reform of Hindu institutions. [10] Though the right provided in Article 25 is subject to public order, morality and health and to the other provisions of the Constitution, the extent to which it permitted the State to reform and regulate religion was left to the judiciary who developed the Essential Practice Doctrine. [11] This doctrine allowed courts to distinguish between those aspects of religion that are to be protected by constitutional guarantees of religious freedom—“essential”—and those that are subject to state regulation—“non-essential.” [12]

The need for this distinction was first invoked by Dr. Ambedkar during the Constituent Assembly Debates, to enjoin the legislature to “reform our social system which is so full of inequities, so full of inequalities, discriminations, and other things which conflict with our fundamental rights.” [13] The EPD first appeared in jurisprudence in the 1954 Supreme Court case, Shirur Mutt . [14] The Court held that “what constitutes the essential part of a religion is primarily to be ascertained with reference to the doctrines of that religion itself.” [15] Further, a religious denomination “enjoys complete autonomy in deciding which rites and ceremonies are essential […] and no outside authority has the jurisdiction to interfere with their decision in such matters.” [16] However, subsequently, this test was modified, limiting religious denominations’ autonomy to determine the essential practices of their religion, adopting instead an active judicial investigatory role into the question. [17]

A Crisis of Secularism

The distinction between essential and non-essential aspects of religion was intended to permit the courts “to cleanse religion of practices which were derogatory to individual dignity.” [18] Yet, by appropriating the authority to distinguish between the two, courts have necessarily adopted a theological mantle . [19] “[A]djudicating on what does or does not form an essential part of religion blurs the distinction between the religious-secular divide and the essential/inessential approach.” [20] This inherently contradictory dynamic has been challenged, most notably by Chief Justice Chandrachud in Sabarimala where he questioned the theological role expected of the judiciary by virtue of the EPD. [21] He argued that since the EPD test renders State-intervention contingent on the essentiality of a religious practice, the limits imposed on Article 25 by competing Fundamental Rights are largely ignored. [22] As judges are preoccupied with arbitrarily settling theological questions, the courts’ duty to “ensure that what is protected is in conformity with fundamental constitutional values and guarantees and accords with constitutional morality” is forgotten. [23] The Constitutional primacy granted to “dignity, liberty and equality” is rendered moot as Article 25 fixates on the essentiality of practices to determine their legitimacy rather than on whether they “detract from these foundational values.” [24]

Most recently, on appeal, in Aishat Shifa , Justice Dhulia’s judgment highlighted the EPD’s transgressive nature in a secular system by revealing the questions it obscures. Consider, for example, Justice Gupta’s opposing opinion that the hijab ban must be upheld since “religious belief cannot be carried to a secular school maintained out of State funds.” [25] The problem with this reasoning is that it discharges the State from its obligation to substantiate the link between the wearing of the hijab and the erosion of secular education. Since the EPD does not consider the sincerity of the claimant’s beliefs, where a religious practice is found non-essential, the EPD preempts any inquiry on rational nexus between the purpose of the law and its means and on proportionality, minimal impairment and relatedly the state’s duty of reasonable accommodation.

In contrast, Justice Dhulia finds the question of the essential nature, or lack thereof, of the veil completely irrelevant, arguing that “wearing a hijab should be simply a matter of Choice. It may or may not be a matter of essential religious practice, but it still is a matter of conscience, belief, and expression.” [26] This finding obliges the State to justify restraints on constitutional rights under the permissible exceptions, such as demonstrating that the presence of the hijab in the classroom is a threat to public order, morality or health. [27] These interrogations are basic tenets of the checks-and-balances mechanism. It puts the onus on the State seeking to legislate a restriction on dress to establish a rational nexus with the object of the law and deems any arbitrary “constraint imposed on the appearance of Muslim women and their choice of self-presentment” constitutionally impermissible. [28] It is this notion of choice or sincerely-held belief that animates Justice Dhulia’s argument on the doctrinally indefensible nature of the EPD.

As the narrative of Muslims receiving special treatment through constitutional religious freedom exemptions is a key aspect of the Hindu nationalist project, the EPD unintentionally obfuscates constitutional issues that are common to all Indians. The right to dress, for example, cannot be disassociated from the rights to privacy, dignity, and education. [29] Highlighting the interconnectedness of religious freedom, freedom of expression, gender equality, and access to education may have optimized these rights for the Hindu community as well.

Salvaging Secularism: Lessons from Canada

If the EPD has no place in a secular system, the question remains what analytical approach best complements Article 25? Indian courts have erred in rejecting the sincerity-based test. Fears of potential abuse or the normalization of existing oppressive practices do not constitute valid grounds since, as the Canadian experiment demonstrates, sincerely undertaken practices must still be balanced against competing constitutional rights. [30] Here, India’s Supreme Court missed an opportunity to develop a robust jurisprudence on proportionality. Rather than provide guidelines on the balancing of competing interests, the Court focused on “judicially interpreting and determining a subjective understanding of a religious requirement, custom or ritual.” [31]

It is useful to draw on the Supreme Court of Canada’s decision in Amselem , [32] where the Court established that a sincerity-based test was the only suitable approach to religious freedom guarantees. [33] If the argument is radical, it is nonetheless difficult to refute. In a secular, democratic society where a constitution provides protections against State abusive intervention, religious freedom must be defined as the freedom to undertake practices and hold beliefs which have a nexus with religion and “which an individual demonstrates he or she sincerely believes or is sincerely undertaking […] irrespective of whether a particular practice or belief is required by official religious dogma or is in conformity with the position of religious officials.” [34] Only such an approach preempts “an intrusive government inquiry into the nature of a claimant’s beliefs,” which “would in itself threaten the values of religious liberty.” [35]

The EPD negates the essence of India’s Constitution. Upholding secularism necessitates a robust understanding of the right to religious freedom read in conjunction with other fundamental rights. Any attempts to limit it must be reasonably and demonstrably justified by the State. [36] The “secularism” preached by the BJP – a euphemism for non-Hindu erasure – deviates from the Gandhian understanding of secularism as whole tolerance and not whole identity . [37] Paradoxically, as the courts failed to inquire as to how the presence of the hijab in public spaces threatens secularism, the prohibition of the hijab in classrooms constituted an arbitrary regulation of religion by the State, and, hence, an affront to secularism. The EDP and its normalization of the secularism-versus-minority rights binary indicate that so-called secularism in India has been weaponized to usher in a nightmarish ethnostate.

Dr. Vrinda Narain is Associate Professor at the Faculty of Law, McGill University. Her research and teaching focus on constitutional law, social diversity and feminist legal theory.

She is the author of two books: Reclaiming the Nation: Muslim Women and the Law in India (University of Toronto Press, 2008) and Gender and Community: Muslim Women's Rights in India (University of Toronto Press, 2001). Her current research and teaching interests include constitutional law, feminist legal theory, social diversity and law, postcolonial studies and law and critical race theory.

Professor Vrinda Narain is the 2017 recipient of the Canadian Institute for the Administration of Justice’s Charles D. Gonthier Research Fellowship. She was Associate Dean, Academic, at the McGill Faculty of Law from 2016 to 2019.

[1] Mohandas K. Gandhi, Young India, December 22, 1927 [Gandhi].

[2] Order 05.02.2022, Regarding the Dress Code of students of all schools and colleges in the state, Government of Karnataka.

[3] Karnataka Government Order on Dress Code for Students dated 5 Feb., 2022. English translation at: https://www.scobserver.in/journal/karnataka-government-order-on-dress-co... .

[4] Article 25, Constitution of India .

[5] Civil Appeal No. 7095/2022.

[6] Aishat Shifa v. State of Karnataka & ORs , SCC, CA No. 7095/2022 arising out of SLP (Civil) No. 5236/2022 [Aishat Shifa, SCC].

[7] Kantaru Rajeevaru v. Indian Young Lawyers Association (2019) SCC Online SC 1461, Chandrachud J at para 108.

[8] Ibid at para 17 [ Sabarimala ].

[9] Rajeev Bhargava, “India’s Secular Constitution,” in Zoya Hassan, E. Sridharan & R. Sudarshan, eds, India’s Living Constitution: Ideas, Practices, Controversies (London: Anthem Press, 2002) 105-133 at 116.

[10] Article 25, supra note 4.

[11] See, for example, Jaclyn L Neo, “Definitional imbroglios: A critique of the definition of religion and essential practice tests in religious freedom adjudication” (2018) 16:2 Intl J Const L 574.

[12] See Samhita Collur, “India’s Secularism Identity Crisis through the Lens of the Sabarimala Judgment” (2022) 39:2 Wisconsin Intl L J 301 at 310.

[13] The Constituent Assembly Debates, Official report, VII: 4-11-1948 to 8-1-1949 , Fourth Reprint; (New Delhi: Lok sabha Secretariat, 2014) at 781.

[14] The Commissioner, Hindu Religious Endowments, Madras v Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt , 1954 AIR 282, 1954 SCR 1005.

[16] Ibid .

[17] Ratilal Panachand Gandhi vs The State Of Bombay & Ors. , 1954 AIR 388, 1954 SCR 1035; Mohd. Hanif Quareshi & Ors. vs The State Of Bihar , 1958 AIR 731, 1959 SCR 629; The Durgah Committee, Ajmer and Another vs Syed Hussain Ali & Ors. , 1961 AIR 1402, 1962 SCR (1) 383; Tilkayat Shri Govindlalji Maharaj vs The State Of Rajasthan & Ors. , 1963 AIR 1638, 1964 SCR (1) 561; and Sastri Yagnapurushadji & Ors. vs Muldas Brudardas Vaishya and Another , 1966 AIR 1119, 1966 SCR (3) 242.

[18] Sabarimala , supra note 7 at para 108.

[19] Ibid .

[20] Ibid .

[21] Ibid .

[22] Ibid at para 49.

[23] Ibid .

[24] Ibid .

[25] Aishat Shifa , supra note 6 at para 123.

[26] Ibid at para 80.

[27] Ibid at para 67.

[28] Ibid at para 81 (on the submissions of the Petitioners).

[29] Ibid at para 83.

[30] Syndicat Northcrest v Amselem [2004] 2 S.C.R. 551 at para 173 [ Amselem ], quoting the Supreme Court of Canada in Dagenais v Canadian Broadcasting Corp. [1994] 3 S.C.R. 835 at p 877.

[31] Amselem , supra note 30 at para 50.

[32] Ibid at 43.

[33] Ibid at paras 47-49.

[34] Ibid at para 46.

[35] Laurence H. Tribe, American Constitutional Law , 2nd ed., (Mineola, New York: Foundation Press, 1988) at 1244.

[36] Canadian Charter of Rights and Freedoms , Part I of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11, s 1: The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society.

[37] Gandhi, supra note 1.

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CONSTITUTIONAL RIGHTS AND FREEDOM OF MEDIA IN INDIA

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LL.M. Assignment Paper

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The Constitution of India gives a free democratic government to its people. Freedom of speech and expression is a sacred icon in the Constitution’s inner sanctum, which has been provided to the people in the Fundamental Rights chapter. This freedom is a central tenet of India’s constitutional faith. The members of the constituent Assembly had seen the oppressive and discriminatory regime of the Britishers. They all valued Freedom and Liberty. Textually, it is recognized in article 19 that also lists certain other fundamental freedoms that Indian citizens enjoy. Clause (1) (a) of that article protects free speech. With the help of some early cases involving Freedom of Speech and Expression, my paper would try to emphasize the importance of Freedom of Speech and Expression in any society and political set up. Prior restraint in the form of censorship is really a big challenge to the right of freedom of speech and expression, because in such a case, the creativity of the author may not see the light of the day. My Paper would focus on the fact that, the freedom of speech is the first pre-requisite of liberty. It occupies a preferred and important position in the hierarchy of the liberty, it is truly said about the freedom of speech that it is the mother of all other liberties. Freedom of Speech and expression means the right to express one's own views and opinions freely by words of mouth, writing, printing, pictures or any other mode. In present times, it is widely accepted that the right to freedom of speech is the essence of free society and it must be protected at all time. The first principle of a free society is a free flow of words in an open forum. Liberty to express opinions and ideas without hindrance, and especially without fear of punishment plays a vital role in the development of that particular society and ultimately for that state. It is one of the most important fundamental freedom liberties guaranteed against state suppression or regulation.

Chaitanya Arora

Shubham Srivastava

Gautam Bhatia

This essay explores a somewhat neglected facet of Indian free speech jurisprudence: the connection between the freedom of speech and the background economic structure and distribution of resources. Article 19(1)(a) of the Constitution guarantees to all citizens the freedom of speech and expression. Article 19(2) permits the government to impose, by law, reasonable restrictions upon the exercise of this freedom, in the interests of public order, decency or morality, defamation, and so on. Over the years, the Supreme Court has adjudicated a number of cases dealing with the scope of Article 19(2). In all these cases, what is undisputed is the existence of a law that restricts the freedom of speech. The disputed question has been whether that law is saved by any one of Article 19(2)’s terms. Such cases, therefore, have directly implicated the meaning of key terms such as “reasonable”, “in the interests of” , “public order” , “morality” , “decency” and “defamation” . Through these cases, the Court has developed an extensive jurisprudence, in which questions about the nature and purpose of free speech in a democracy, have played a central role. There is, however, another set of cases, where a prior question has been at issue: is an impugned law, which admittedly curtails someone’s speech, a restriction upon it? Or, in other word, does everything that may affect my speech also, for that reason, affect my freedom of speech? To answer this question, one must first answer another question: what does the word “freedom” mean, in the phrase “freedom of speech”? This enquiry goes to the heart of Article 19(1)(a), and is inescapably moral and political. As we shall see, however, unlike its 19(2) cases, the Court has largely evaded the issue, and attempted to screen a set of moral and political choices by invoking seemingly “neutral”, objective concepts, to settle the issue.

International Journal of Research in Social Sciences

Areena Z Mirza

The Constitution of India lists-freedom of speech and expression‖ among the fundamental rights it guarantees, but it also justifiably allows the government to impose-reasonable restrictions‖ in the interest of-State, public order, decency or morality.‖

Journal ijmr.net.in(UGC Approved)

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Essay on Fundamental Rights

Can you imagine a life where there is no freedom to speak, live, or do the things of our choice? But it is not so, we have been granted some fundamental rights by our constitution. These rights are important for the development of an individual. Nobody can be exploited or discriminated against on any basis. These rights do not provide freedom to do anything that disrupts the unity of the nation. These rights form an important part of the constitution which breaching is a punishable act.

Short and Long Essay on Fundamental Rights in English

In the long essay provided below, we have given an elaborate description of the topic that would be helpful to school, college, and university students.

Fundamental Rights Essay 10 Lines (100 – 150 Words)

1) As an Indian citizen, the constitution has given us certain rights known as fundamental rights.

2) These rights are essential for the development of people and the country.

3) Fundamental rights are necessary for peaceful human survival.

4) Indian citizens are blessed with six fundamental rights.

5) Right to equality implies equal rights for all the citizens of the country.

6) Right to freedom gives us freedom to express our views, ideas, expressions, etc.

7) Citizens can follow a religion of their choice under the Right to Freedom of religion.

8) The right to education ensures education for all children irrespective of their background.

9) Right against exploitation protects the weaker section from exploitation.

10) The government has the power to remove these rights in case of emergency.

Short Essay on Fundamental Rights (250 words)

Introduction

Fundamental rights are the rights that are essential for the overall development of the people of the nation. These rights are granted to each and every citizen of the nation from birth, without any discrimination on basis of caste, creed, sex, and religion.

The Indian constitution provides a set of basic rights to its citizens that is stated as the fundamental rights. There are six rights included in the fundamental rights that are granted to Indian citizens. These rights are the Right to equality, Right to freedom, Right against exploitation, Right to freedom of religion, Right to culture and education, Right to constitutional remedy. These fundamental rights can be suspended by the government during an emergency condition in the nation.

Role of Fundamental Rights

The fundamental right provides liberty, equality, and justice to each and every Indian citizen. Part 3 in the constitution from article 12-35 contains the fundamental rights. It is considered a very important part of the Indian constitution. These rights are very important for the survival of people in the nation.

The violation of fundamental rights is a punishable offense. The person can directly go to the court for the justice of breaching of the fundamental right. The fundamental right grants us the freedom to live happily and do whatever we desire. The only thing that people need to remember is that their freedom should not become a nuisance in other’s freedom.

The right provides equality to everyone in the nation. The right helps in the growth and development of the people in the nation. The development of people will also ensure the progress of society as well as the nation.

Fundamental rights are essential for the people to live in peace and harmony in the nation. These rights also confer some duties on the citizens of the nation that must be done appropriately.

Long Essay on Classification and Importance of Fundamental Rights in India (500 – 600 Words)

India is a democratic nation. Every democratic nation must ensure the rights of its citizens for the proper development and growth of the nation and its people. Democracy itself is a sign of freedom to its people. Every nation provides some rights to its citizens. The judicial system of India protects the fundamental rights of citizens from being violated.

There are many rights provided to citizens all over the world but fundamental rights are guaranteed to the citizens of India only. Article 15, 16, 19, 29, 30 contains the rights which are conferred on the citizens of India only.

Classification of Fundamental Rights in India

There are six fundamental rights in India enlisted below:

• Right to Equality – It is about rendering equality to all the citizens of India irrespective of their caste, creed, religion, sex, religion, etc and there must be no discrimination on these grounds. It is contained in Article 14-18. It states that every citizen has equality before the law. Equality must be granted in every aspect like employment, living, and opportunities.
• Right to Freedom – The citizens of India are granted freedom of speech and expression, freedom of assembly, freedom to form associations, freedom of movement, freedom of residence, and freedom of practicing any occupation. These rights can be enjoyed by every citizen but have some limits. Freedom must not be misused and restricting other’s freedom. This is represented in Article 19-22.
• Right against Exploitation – This right provides the provision of stopping the exploitation of the weaker sections of society especially women and children. This right is represented in Article 23-24. It also ensures to stop social evils like human trafficking, child labor, child begging, etc. these are considered to be illegal practices and are punishable.
• Right to Freedom of Religion – This right depicts secularism which is one of the fundamental values of our constitutions. According to this, there is no particular religion of the state or country. This ensures that every citizen of India is free to follow any religion of their choice and belief and is represented in Article 25-28. There must be no discrimination on a religious basis. This also focuses on enabling minorities to practice their culture and traditions and enjoy every opportunity.
• Right to Constitutional Remedies – It is included in Article 32-35. It states that violations of the fundamental rights are subject to remedial action from the court. Any person can appeal in the Supreme Court or High court for protecting their fundamental rights from breaching. Writs like Habeas corpus, mandamus, Certiorari, Quo-Warranto, and Prohibition are issued by Supreme Court and for enforcement of the fundamental rights.
• Cultural and Educational Rights – The cultural rights included in Article 29-30, ensures the protection of the practicing of a different culture, language, and tradition of the citizens. It is also about providing the freedom to minorities to preserve their culture, language, and Traditions. The educational rights states that the people belonging to minority groups having can set up educational institutions for practicing their own culture and language.

Importance of Fundamental Rights

The fundamental rights are necessary for the development and growth of the citizens of India. They can achieve their best without any hindrance. These rights make people from different sections of society to feel safe and secure inside the nation. There are lots of issues like the existence of economical, political, social differences in society. There must be some rights to eradicate these differences and make their life valuable.

The fundamental rights are also known to be the soul of the constitution. These rights are of great importance as it provides the liberty to the people of India. It must be kept in mind that we should use our freedom or rights in such a manner that it may not cause hindrance to others’ freedom.

FAQs: Frequently Asked Questions

Ans . The fundamental rights included in Part 3 (Article 12-35) is called as Magna Carta of India.

Ans . The right to property had been removed by the 44th amendment act.

Ans . The right to privacy has been added by the Supreme Court on the 24th of August, 2017 as a fundamental right.

Ans . The fundamental rights have been derived from the American Bill of Rights.

Ans . Fundamental rights (except a few) are meant for both citizens and foreigners except the people of enemy countries.

Ans . Access to the internet has been declared as a fundamental right under Article 19 as the Internet has become a basic necessity and is useful in studies.

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The 7th Amendment: Understanding its Definition and Significance in the American Legal System

This essay about the 7th Amendment discusses its definition, historical context, and significance in the American legal system. It highlights the amendment’s role in guaranteeing the right to a jury trial in civil cases exceeding twenty dollars, emphasizing its origins in English common law and its importance in promoting fairness, impartiality, and public confidence in the judiciary. The essay also addresses contemporary challenges and debates related to the amendment’s application and relevance.

How it works

7 – ? correction despite a constitution actual unis are central elements in the legal American system, incarnates right fat man despite a test judge in civil certain cases. This correction, stake bill rights, was ratified December, 15, 1791, decorates framers’ intention to protect individual freedoms despite potential governmental cunning. To estimate his importance, above all to dig in his definition, context, and historical patient affecting legal American landscape.

Text 7 – ? correction reads: “in complete in an ordinary right, where importance in a discussion is due to outstrip twenty dollars, right court judges is due to be careful, and is act, test judge, be due be differently investigational in one what pleasingly court actual unis, that according to settlement ordinary right”.

This statement compressed encapsulates some the keys principles, that brought up American jurisprudence.

In his kernel, 7 – ? a correction provides a right to test judge in civil federal cases, where amount in contests power-shovels twenty dollars. Although the silvered threshold can appear banal stallions of contemporary, it distinguishes framers’ obligation to the salary access despite a justice for ordinary citizens. Proceed right to test judge after criminal things, correction acknowledges seriousness public participating in a legal process and serves control on judicial authority.

Historically, 7 – ? a correction has their roots in greater right part, that strongly influenced the legal American system anglais. Right to test judge in case civil was reasonable good tradition in England, having regard to so as guarantee despite arbitrary administrations arbiters. Framers constitution, wary from potentiels abuses authority the centralized government, breathed to save this right in national right new basis. Including 7 – ? correction despite bill rights was it is why deliberate effort to save an aspect legal most important English property, adjusts it despite the American context.

Importance 7 – ? a correction draws out he after his historical origins. These serve a few critical positions in the legal American system. Firstly, it honest advancement and impartiality, obligates a group peers in process confirmation decision. Judges, drawn from society, lead possibilities and judgement combine an ordinary value despite legal discussions, balancing one is specialized knowledge arbiters with values and norms society. These democratic elements criticize in manners an in public trust legal system.

Secondly, 7 – ? a correction serves control on judicial authority. Co-ordinates a judge authority, to appoint done in case civil, it limits potential for a judicial cunning. Arbiters, under expert in a law, no reliable and, at a case, is influenced prejudices or personal external pressures. Presence a judge provides, that acts definitions operate he collective, abbreviates possibility arbitrary decisions or unfair.

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