Fundamental Rights: Articles 12-35 Explained for UPSC SSC

Introduction to Fundamental Rights

Part III of the Indian Constitution, spanning Articles 12 to 35, deals with Fundamental Rights. These rights are considered fundamental because they are essential for the intellectual, moral, and spiritual development of an individual. They are enforceable by courts, meaning a person can approach the Supreme Court or High Courts if their Fundamental Rights are violated. The concept of Fundamental Rights in India is inspired by the Bill of Rights in the USA Constitution.

Originally, the Constitution provided for seven Fundamental Rights. However, the Right to Property (Article 31) was removed from the list of Fundamental Rights by the 44th Amendment Act of 1978. It was then made a legal right under Article 300A in Part XII of the Constitution. Currently, there are six categories of Fundamental Rights available to Indian citizens.

Definition of State

Article 12 defines 'the State' for the purpose of Part III of the Constitution. This definition is crucial because Fundamental Rights are primarily a protection against the actions of the State. The 'State' includes the Government and Parliament of India (executive and legislative organs of the Union), and the Government and Legislature of each of the States (executive and legislative organs of State). It also includes all local authorities like municipalities, panchayats, district boards, improvement trusts, etc.

Furthermore, Article 12 includes 'other authorities' within the territory of India or under the control of the Government of India. The Supreme Court has interpreted 'other authorities' to include any instrumentality or agency of the government, such as public sector undertakings, statutory corporations, and even private bodies performing public functions. This broad definition ensures that Fundamental Rights can be enforced against a wide range of governmental and quasi-governmental entities.

Laws Inconsistent with Rights

Article 13 declares that all laws that are inconsistent with or in derogation of any of the Fundamental Rights shall be void. This article provides for the judicial review of legislative enactments and executive orders. It means that the Supreme Court (under Article 32) and the High Courts (under Article 226) can declare a law unconstitutional if it violates any of the Fundamental Rights.

Article 13 defines 'law' very broadly to include permanent laws enacted by the Parliament or state legislatures, temporary laws like ordinances issued by the President or state governors, statutory instruments in the nature of delegated legislation (order, bye-law, rule, regulation, notification), and even non-legislative sources of law like custom or usage having the force of law. This comprehensive definition ensures that no form of law can infringe upon Fundamental Rights.

Categories of Fundamental Rights

The six categories of Fundamental Rights are: 1. Right to Equality (Articles 14-18): Ensures equality before law and equal protection of laws, prohibits discrimination, and abolishes untouchability and titles. 2. Right to Freedom (Articles 19-22): Guarantees freedoms like speech, assembly, association, movement, residence, and profession, and protection in respect of conviction for offences, personal liberty, and protection against arrest and detention. 3. Right against Exploitation (Articles 23-24): Prohibits human trafficking, forced labor, and employment of children in factories. 4. Right to Freedom of Religion (Articles 25-28): Guarantees freedom of conscience, practice, and propagation of religion, and freedom to manage religious affairs. 5. Cultural and Educational Rights (Articles 29-30): Protects the interests of minorities regarding language, culture, and education, and their right to establish and administer educational institutions. 6. Right to Constitutional Remedies (Article 32): Empowers citizens to move the Supreme Court for the enforcement of Fundamental Rights, making them justiciable. This article is considered the 'heart and soul' of the Constitution by Dr. B.R. Ambedkar.

Restrictions and Amendments

Fundamental Rights are not absolute; they are subject to reasonable restrictions imposed by the State. These restrictions are necessary for maintaining public order, morality, and national security. For example, the freedom of speech and expression under Article 19(1)(a) can be restricted on grounds of defamation, incitement to an offence, or security of the State.

Fundamental Rights can be amended by the Parliament, but not in a way that alters the 'basic structure' of the Constitution. This doctrine was laid down by the Supreme Court in the Kesavananda Bharati case in 1973. The Parliament cannot abridge or take away a Fundamental Right that forms part of the basic structure. During a National Emergency (Article 352), Fundamental Rights guaranteed by Article 19 are automatically suspended. The President can also suspend other Fundamental Rights (except Articles 20 and 21) through a separate order.

Important Keywords Explained

Judicial Reviewconcept

The power of the Supreme Court and High Courts to examine the constitutionality of legislative enactments and executive orders of both the Central and State Governments. If they are found to be violative of the Constitution, they can be declared illegal, unconstitutional, and invalid by the judiciary. This power is explicitly mentioned in Article 13.

Basic Structure Doctrineconcept

A landmark principle established by the Supreme Court in the Kesavananda Bharati case (1973). It states that the Parliament has the power to amend the Constitution, but it cannot alter its 'basic structure' or essential features. This doctrine acts as a limitation on the amending power of the Parliament, protecting the core values of the Constitution.

Writconcept

A formal written order issued by a court of law. Under Article 32 and Article 226, the Supreme Court and High Courts can issue five types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. These writs are powerful tools for enforcing Fundamental Rights and ensuring justice.

44th Amendment Act, 1978act

This significant constitutional amendment removed the Right to Property from the list of Fundamental Rights (Article 31 and 19(1)(f)). It was converted into a legal right under Article 300A. This amendment also introduced safeguards against the misuse of emergency provisions, particularly regarding the suspension of Fundamental Rights.

Additional Facts & Context

• The concept of Fundamental Rights was first demanded by the Nehru Report in 1928.
• The 24th Amendment Act of 1971 affirmed Parliament's power to amend any part of the Constitution, including Fundamental Rights.
• Article 20 and Article 21 cannot be suspended even during a National Emergency.
• Fundamental Rights are justiciable, meaning they are legally enforceable by courts.
• Some Fundamental Rights are available only to citizens (e.g., Article 15, 16, 19, 29, 30), while others are available to all persons (e.g., Article 14, 20, 21, 22, 23, 24, 25, 26, 27, 28).