Indian Polity Quiz: Fundamental Rights | 3 June, 2021

The Fundamental Rights are enshrined in Part III of the Constitution from Articles 12 to 35.

• In this regard, the framers of the Constitution derived inspiration from the Constitution of USA (i.e., Bill of Rights).
• The Fundamental Rights are guaranteed by the Constitution to all persons without any discrimination.
• They uphold the equality of all individuals, the dignity of the individual, the larger public interest and unity of the nation.

• Originally, the Constitution provided for seven Fundamental Rights.

Source: Laxmikanth.

The right to property was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978.

• It is made a legal right under Article 300-A in Part XII of the Constitution.
• So, at present, there are only six Fundamental Rights.

Source: Laxmikanth.

The Fundamental Rights guaranteed by the Constitution are characterized by the following:

• Some of them are available only to the citizens while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies.
• They are not absolute but qualified. The state can impose reasonable restrictions on them. However, whether such restrictions are reasonable or not is to be decided by the courts.
• Thus, they strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control.
• All of them are available against the arbitrary action of the state. However, some of them are also available against the action of private individuals.

• Some of them are negative in character, that is, place limitations on the authority of the State, while others are positive in nature, conferring certain privileges on the persons.

Source: Laxmikanth.

Fundamental Rights are justifiable, allowing persons to move the courts for their enforcement, if and when they are violated.

• They are defended and guaranteed by the Supreme Court. Hence, the aggrieved person can directly go to the Supreme Court, not necessarily by way of appeal against the judgment of the high courts.

• They are not sacrosanct or permanent. The Parliament can curtail or repeal them but only by a constitutional amendment act and not by an ordinary act. Moreover, this can be done without affecting the ‘basic structure’ of the Constitution.
• They can be suspended during the operation of a National Emergency except the rights guaranteed by Articles 20 and 21.

Source: Laxmikanth.

The term ‘State’ has been used in different provisions concerning the fundamental rights. Hence, Article 12 has defined the term for the purposes of Part III. According to it, the State includes the following:

• Government and Parliament of India, that is, executive and legislative organs of the Union government.

• Government and legislature of states, that is, executive and legislative organs of state government.
• All local authorities, which is, municipalities, panchayats, district boards, improvement trusts, etc.
• All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.
• Thus, State has been defined in a wider sense so as to include all its agencies. It is the actions of these agencies that can be challenged in the courts as violating the Fundamental Rights.

Source: Laxmikanth.

Right to equality (Articles 14–18):

• Equality before law and equal protection of laws (Article 14).
• Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
• Equality of opportunity in matters of public employment (Article 16).

• Abolition of un-touchability and prohibition of its practice (Article 17).
• Abolition of titles except military and academic (Article 18).

NOTE: Right to practice any profession or to carry on any occupation, trade or business is covers under Right to Freedom.

Source: Laxmikanth.

Source: Laxmikanth. 

No Member of Parliament shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof (Article 105).

Source: Laxmikanth.

In Menaka case (1978), the Supreme Court overruled its judgment in the Gopalan case by taking a wider interpretation of the Article 21.

• Therefore, it ruled that the right to life and personal liberty of a person can be deprived by a law provided the procedure prescribed by that law is reasonable, fair and just.
• In other words, it has introduced the American expression ‘due process of law’.

• In effect, the protection under Article 21 should be available not only against arbitrary executive action but also against arbitrary legislative action.

Source: Laxmikanth.

Article 21 A declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such a manner as the State may determine.

• Thus, this provision makes only elementary education a Fundamental Right and not higher or professional education.

• This provision was added by the 86th Constitutional Amendment Act of 2002.

Source: Laxmikanth.