of the Indian Constitution is that it forms the foundation of Indian democracy. It is essential for promoting justice, equality, and fraternity, and for protecting individuals against arbitrary actions of the state. Fundamental Rights are a set of rights that are necessary for the physical( social, economic, and political) and moral development of any citizen. These rights refer to the essential freedoms and rights granted to every citizen by the Constitution of any country.
These rights also form the foundation of personal freedom and provide protection to citizens against arbitrary actions and rules by the state. They ensure basic human rights and freedoms. These rights are an integral part of the Constitution to maintain democracy, justice, and equality within a nation. They are considered fundamental rights because they are necessary for the holistic development, dignity, and well-being of individuals. Due to their immense significance, they are also referred to as India ' s Magna Carta.
The Indian Constitution provides for six fundamental rights, which include: Right to Equality( Articles 14- 18), Right to Freedom( Articles 19-22), Right against Exploitation( Articles 23-24), Right to Freedom of Religion( Articles 25-28), Cultural and Educational Rights( Articles 29-30), Right to Constitutional Remedies( Article 32).
Originally, the Constitution provided for seven fundamental rights, which included the above six rights and the Right to Property. However, the 44th Amendment of 1978 removed the Right to Property from the list of fundamental rights, making it a legal right instead.
Dr. Ambedkar clarified that India is a union, and no state has the right to secede from the union. According to Article 1 of the Constitution, India is described as a " Union of States." When the Indian Constitution came into effect on January 26, 1950, a debate arose over whether India is a federation or a union. During the process of drafting the Constitution, Dr. Ambedkar referred to India as a strong unitary state to maintain cohesion. The term " cooperative federalism " soon became popular, referring to the dual politics between the states and the central government.
The preamble of India ' s Constitution declares that India is a sovereign, socialist, secular, democratic republic. The term " socialist " was added to the Constitution through the 42nd Amendment Act of 1976.
From a constitutional perspective, every citizen of India is entitled to fundamental rights, which is the most significant feature of the Indian Constitution. The right to equality is described in Articles 14 to 18 of the Indian Constitution. Under Article 14, no one can be denied equality before the law and equal protection of the laws.
The concept of fundamental rights in the Indian Constitution, which is one of its core principles, exists with certain shortcomings and criticisms. Many fundamental rights are accompanied by exceptions, restrictions, and qualifications, which limit their scope and effective implementation. The list of fundamental rights does not include basic social and economic rights such as social security, employment, rest, and leisure, which affects its comprehensiveness. Some terms are not clearly defined, leading to ambiguity. For example, terms like ' public order,' ' minorities,' and ' reasonable restrictions.' Parliament can limit or abolish these rights, raising questions about their stability.
For example, in 1978, the fundamental right to property was abolished. Similarly, during a national emergency, fundamental rights can be suspended, which is contrary to the basic principles of democracy and can pose a threat to the rights of millions of people. All rights, except Articles 20 and 21, can be suspended. The responsibility of protecting these rights lies with the judiciary, but the judicial process is quite expensive, making it difficult for the general public to access these rights. The provision of preventive detention( Article 22) infringes on personal freedom and grants excessive power to the state. The chapter on fundamental rights lacks a clear and coherent philosophy. According to Sir Ivor Jennings, these rights are not based on a coherent philosophy, which challenges the judiciary in their interpretation.
Despite these criticisms and limitations, fundamental rights are the soul of Indian democracy. The critiques of fundamental rights point to issues such as ambiguity, limited scope, lack of social and economic rights, absence of permanence, suspension during emergencies, expensive legal recourse, preventive detention, and the absence of a coherent philosophy. However, these rights provide protection against arbitrary actions of the state and ensure the protection and empowerment of citizens. �
April 2025 | Dalit Andolan Patrika 39