Fundamental Rights: Articles 12-35 Explained for UPSC SSC

Introduction to Fundamental Rights

Part III of the Indian Constitution, spanning Articles 12 to 35, enshrines the Fundamental Rights. These rights are considered essential for the moral and material development of individuals. They are borrowed from the Constitution of the USA (Bill of Rights). The Supreme Court of India acts as the guarantor and protector of these rights. Unlike ordinary legal rights, Fundamental Rights are justiciable, meaning they can be enforced by courts.

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 300-A in Part XII of the Constitution. Currently, there are six categories of Fundamental Rights available to 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 enforceable against 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 governments).

It also includes all local authorities like municipalities, panchayats, district boards, and improvement trusts. Furthermore, other authorities, statutory or non-statutory, like LIC, ONGC, SAIL, universities, and even a private body or agency working as an instrument of the State, fall under this definition. This broad definition ensures that Fundamental Rights can be invoked 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 doctrine of judicial review. It empowers the Supreme Court (under Article 32) and the High Courts (under Article 226) to declare a law unconstitutional and invalid if it violates any of the Fundamental Rights.

The term 'law' in Article 13 has a wide connotation. It includes permanent laws enacted by the Parliament or state legislatures, temporary laws like ordinances issued by the President or state governors, statutory instruments like orders, bye-laws, rules, regulations, and notifications. It also includes non-legislative sources of law like custom or usage having the force of law. This comprehensive definition ensures that no form of state action can infringe upon Fundamental Rights.

Categories of Fundamental Rights

The six categories of Fundamental Rights are: 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), and Right to Constitutional Remedies (Article 32).

Each category addresses specific aspects of individual liberty and protection. For instance, Article 14 ensures equality before the law, while Article 19 protects freedoms like speech and expression. Article 32 is particularly significant as it grants citizens the right to move the Supreme Court for the enforcement of their Fundamental Rights, making them truly enforceable. These rights are not absolute and are subject to reasonable restrictions imposed by the State.

Suspension and Amendment

Fundamental Rights can be suspended during a National Emergency, except for the rights guaranteed by Articles 20 and 21 (protection in respect of conviction for offences and protection of life and personal liberty). Article 358 states that Article 19 is automatically suspended when a National Emergency is declared on the grounds of war or external aggression. Article 359 allows the President to suspend the right to move any court for the enforcement of other Fundamental Rights.

The question of whether Fundamental Rights can be amended has been a subject of debate. The Supreme Court, in the Kesavananda Bharati case (1973), ruled that Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter the 'basic structure' of the Constitution. This doctrine ensures that the core values of the Constitution remain intact even through amendments.

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 a law or order violates the Constitution, including Fundamental Rights, the courts can declare it illegal, unconstitutional, and invalid.

Writconcept

A formal written order issued by a court, commanding an individual or entity to perform or cease a specific action. Under Article 32, the Supreme Court can issue five types of writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto) for the enforcement of Fundamental Rights.

Basic Structure Doctrineconcept

A doctrine pronounced by the Supreme Court in the Kesavananda Bharati case (1973). It states that Parliament can amend any part of the Constitution, but it cannot alter or destroy the 'basic structure' or fundamental features of the Constitution. This doctrine limits the amending power of Parliament.

44th Amendment Act, 1978act

This constitutional amendment removed the Right to Property from the list of Fundamental Rights (Article 31 and 19(1)(f)) and made it a legal right under Article 300-A. It also restored some provisions that were changed by the 42nd Amendment, particularly regarding emergency provisions.

Additional Facts & Context

• Article 14: Equality before law and equal protection of laws.
• Article 19: Six freedoms including speech, assembly, association, movement, residence, and profession.
• Article 21: Protection of life and personal liberty.
• Article 24: Prohibition of employment of children in factories, etc. (below 14 years).
• Article 32: Right to Constitutional Remedies (Heart and Soul of the Constitution by Dr. B.R. Ambedkar).