FUNDAMENTAL RIGHTS with CASE LAWS

Introduction:

In the realm of constitutional jurisprudence, fundamental rights constitute the bedrock upon which the edifice of individual liberties and human dignity is constructed. These rights, entrenched within the constitutional framework, bestow upon individuals inherent and inalienable entitlements that serve as bulwarks against encroachments by the state. In essence, they delineate the contours of personal autonomy, guaranteeing safeguard against arbitrary state action and fostering a society founded on “principles of justice, equality, and the rule of law”.

This exposition aims to delve into the nuanced tapestry of fundamental rights, elucidating their legal underpinnings and paramount significance in upholding the democratic ethos of a polity.

Key among these rights are the “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), and right to constitutional remedies (Article 32)”. These provisions collectively constitute the bulwark of individual freedoms in the Indian constitutional scheme.

ORIGIN AND EVOLUTION OF FUNDAMENTAL RIGHTS:

The genesis of fundamental rights in the Indian context can be traced back to the drafting of the Constitution, a monumental task undertaken by the Constituent Assembly, which comprised luminaries such as Dr. B.R. Ambedkar, Jawaharlal Nehru, and Sardar Patel. Envisaging a just and egalitarian society, the framers embedded a comprehensive chapter on fundamental rights within the Constitution, drawing inspiration from various international declarations and charters.

The foundational document, adopted on January 26, 1950, enshrined a robust set of fundamental rights in Part III, recognizing and guaranteeing essential liberties to the citizens of India. These rights, classified under Articles 12 to 35, encompass a spectrum ranging from right to equality (Article 14) to right to constitutional remedies (Article 32).

The evolution of fundamental rights in India has been significantly shaped by landmark case laws that have interpreted and expanded the scope of these constitutional guarantees. The journey began with the early years post-independence, witnessing pivotal decisions that set the stage for subsequent developments.

1. A.K. Gopalan v. State of Madras (1950):

In this foundational case, the Supreme Court initially took a narrow view, constraining fundamental rights by adopting a strict compartmentalization approach. The Court held that each right must be considered in isolation, without recognizing the interdependence and holistic nature of fundamental rights.

2. Golaknath v. State of Punjab (1967):

A paradigm shift occurred with this case, where the Supreme Court asserted that Parliament’s amending power did not extend to altering the fundamental rights. This decision, while emphasizing the immutability of certain rights, was later subjected to reconsideration in subsequent cases.

3. Kesavananda Bharati v. State of Kerala (1973):

The basic structure concept, which states that although Parliament can amend the Constitution, it cannot change the fundamental framework of the document, was first established by this important decision. The basis for upholding the fundamental ideals and tenets of the Constitution was established by this ruling.

4. Maneka Gandhi v. Union of India (1978):

Marking a turning point, this case expanded the horizons of personal liberty guaranteed under Article 21. The Supreme Court gave the idea of due process a qualitative twist when it ruled that the legal process must be “fair, just, and reasonable”.

5. Minerva Mills Ltd. v. Union of India (1980):

This case further solidified the basic structure doctrine and emphasized the judiciary’s role as the guardian of fundamental rights. The Court struck down certain provisions of the 42nd Amendment, reinforcing the constitutional balance and separation of powers.

6. Vishaka v. State of Rajasthan (1997):

In addressing the problem of sexual harassment in the workplace, the court established standards for combating sexual harassment by recognising the right to dignity as an essential component of the right to life under Article 21.

7. K.S. Puttaswamy v. Union of India (2017):

This decision, which marked a turning point for privacy rights, established the right to privacy as an essential freedom that flows from the freedom to live and the pursuit of personal freedom. The Court upheld an individual’s right to control their personal data and recognised that rights are dynamic in the digital era.

8. Navtej Singh Johar v. Union of India (2018):

In a significant development, the court decriminalized consensual homosexual activities by reading down Section 377 of the Indian Penal Code. This case showcased the evolving interpretation of equality and individual freedom in the context of sexual orientation. These cases collectively depict the evolutionary trajectory of fundamental rights in India, transitioning from a narrow interpretation to a more expansive and dynamic understanding. The judiciary’s proactive role in safeguarding these rights and adapting them to contemporary challenges underscores the resilience and adaptability of India’s constitutional framework.

FEATURES OF FUNDAMENTAL RIGHTS-

Fundamental rights, integral to the constitutional framework of many democratic nations, including India, are a set of inviolable entitlements that safeguard individual liberties and ensure the protection of human dignity. The features of fundamental rights are as follows:

1. Inalienable and Inherent: People have inherent rights just because they are human. They are not granted by the state but are recognized and protected by the Constitution, making them inalienable and beyond the authority of the government to abrogate.
2. Justiciable: Fundamental rights are justiciable, meaning that individuals can seek legal remedies through the judiciary if these rights are violated. The Supreme Court is authorised under Article 32 of the Indian Constitution to issue writs to enforce basic rights, and the High Courts are granted corresponding authority by Article 226.
3. Enforceable against the State: Fundamental rights are primarily enforceable against the actions of the state, its agencies, and instrumentalities. Private individuals are not directly bound by fundamental rights unless they are performing a public function.
4. Guaranteed Equality: A basic right’s cornerstone is the equality principle. Equal protection under the law and equality before the law are guaranteed under Article 14. Discrimination on the basis of “religion, ethnicity, caste, sex, or place of birth” is forbidden.
5. Restrictions and Reasonable Grounds: While fundamental rights are sacrosanct, they are not absolute. The state can impose reasonable restrictions on these rights in the interest of “sovereignty, security, public order, decency, morality, and the like”. However, these restrictions must meet the test of reasonableness and proportionality.
6. Diverse Rights: Fundamental rights encompass a broad spectrum of rights, including the “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 the right to constitutional remedies (Article 32)”.
7. Universal Applicability: Fundamental rights apply universally to all citizens, regardless of “caste, creed, gender, or religion”. However, certain rights, such as the right to vote and hold public office, are available only to citizens.
8. Dynamic and Expansive: The interpretation of fundamental rights evolves over time through judicial decisions, adapting to societal changes and emerging challenges. Landmark cases contribute to the dynamic interpretation and expansion of these rights.
9. Role in Judicial Review: Fundamental rights hold significance in the process of judicial review. Courts have the authority to strike down laws or executive actions that infringe upon these rights, ensuring a check on the constitutionality of state actions.
10. Constitutional Remedies: The right to constitutional remedies is guaranteed under Article 32, which enables anyone to petition the Supreme Court directly to have their basic rights upheld. This clause gives the courts the authority to grant writs, including “certiorari, prohibition, mandamus, habeas corpus, and quo warranto”.

In summary, fundamental rights form the bedrock of individual freedoms within the constitutional framework, embodying principles of “justice, equality, and the rule of law”. They serve as a bulwark against arbitrary state actions and are essential for the protection of citizens’ rights and liberties.

FREQUENTLY ASKED QUESTIONS-

1. Which part of the Indian Constitution deals with fundamental rights?

• Fundamental rights in India are enshrined in Part III of the Constitution, comprising Articles 12 to 35.

2. Can fundamental rights be suspended during emergencies?

• Yes, during a state of emergency, certain fundamental rights, including the right to freedom and right to life, can be suspended or restricted. However, the Constitution ensures that certain rights, such as the right to life and personal liberty, remain non-negotiable even during emergencies.

3. Are fundamental rights absolute?

• No, there is a limit to fundamental rights. In order to maintain public decency, order, and security, the state may legitimately restrict certain rights as long as they adhere to proportionate and reasonable standards.

4. How can individuals enforce their fundamental rights in India?

• Individuals can enforce their fundamental rights through judicial remedies. The right to petition the Supreme Court directly for the enforcement of basic rights is granted under Article 32 of the Constitution, while Article 226 gives High Courts authority akin to that of the Supreme Court.

5. Do fundamental rights apply to non-citizens?

• Fundamental rights primarily apply to citizens, but some rights, such as the right to equality and the right to life, are available to non-citizens as well.

6. Can private individuals violate fundamental rights?

• Private individuals are not directly bound by fundamental rights unless they are performing a public function. If a private individual’s actions infringe upon fundamental rights, the affected party can seek legal remedies against the state for failing to protect those rights.

7. Can fundamental rights be amended in India?

• While fundamental rights can be amended, the Supreme Court, in Kesavananda Bharati (1973), established the doctrine of basic structure, asserting that Parliament cannot alter the Constitution’s basic framework. Certain core principles, including fundamental rights, are considered beyond the amending power of Parliament.

8. Is right to property a constitutional right or legal right?

• The 44th Amendment Act of 1978 reclassified the right to property as a legal right, eliminating its status as a basic right under Article 19. Therefore, the right to property in the present context is considered a legal right, specifically a constitutional right under Article 300A, rather than a fundamental right as it once was under Article 19(1)(f).

9. What fundamental right holds the utmost significance?

• The most important of all the fundamental rights is the right to constitutional remedies since it ensures that our other rights will be protected.

10. Which part of the Indian Constitution deals with fundamental rights?

• Fundamental rights in India are enshrined in Part III of the Constitution, comprising Articles 12 to 35.