Introduction

Fundamental rights are called fundamental or basic because they are essential and natural for human development. These rights, enshrined in Part III (Articles 12 to 35) of the Indian Constitution, guarantee civil liberties so that all Indians can live in peace and harmony as citizens of India. These rights include most of the common individual rights found in liberal democracies, such as equality before the law, freedom of speech and expression, freedom of association and peaceful assembly, freedom of religion, and the right to constitutional remedies through writs such as habeas corpus. Subject to judicial discretion, violations of these rights are punishable under the Bharatiya Nyaya Sanhita. Fundamental rights are defined as basic human freedoms that every Indian citizen is entitled to for the proper and harmonious development of personality. These rights universally apply to all citizens, regardless of caste, place of birth, religion, race, creed, color, or gender. They are enforceable by courts, subject to certain restrictions.

Six Fundamental Rights:

1. Right to Equality: Includes equality before the law, prohibition of discrimination based on religion, race, caste, sex, or place of birth, and equal opportunity in matters of employment.
2. Right to Freedom: Includes freedom of speech and expression, assembly, association, movement, residence, and the practice of any profession or occupation (some of these rights are subject to security of the state, friendly relations with foreign countries, public order, and morality).
3. Right against Exploitation: Prohibits all forms of forced labor, child labor, and human trafficking.
4. Right to Freedom of Religion: Guarantees freedom of conscience and free profession, practice, and propagation of religion.
5. Cultural and Educational Rights: Ensures the rights of any section of citizens to conserve their language, script, or culture and grants minorities the right to establish and administer educational institutions of their choice.
6. Right to Constitutional Remedies: Enables individuals to seek enforcement of fundamental rights through courts.

The term "rights" refers to freedoms that are essential for both individual well-being and community welfare. The rights guaranteed under the Indian Constitution are fundamental because they are incorporated into the supreme law of the land and can be enforced in a court of law. However, this does not mean they are absolute or immune to constitutional amendments.

One of the objectives of fundamental rights for Indians is to eliminate inequalities in pre-independence social practices. Specifically, they have been used to abolish untouchability and prohibit discrimination based on religion, race, caste, gender, or place of birth. They also prevent human trafficking and forced labor. Additionally, they safeguard the cultural and educational rights of ethnic and religious minorities, allowing them to preserve their languages and establish and administer their educational institutions.

Fundamental rights were incorporated into the Constitution as they were deemed necessary for an individual’s personality development and for upholding human dignity. All individuals, irrespective of caste, religion, race, or gender, have the right to approach the Supreme Court and High Courts for the enforcement of their fundamental rights. It is not necessary for the aggrieved party to file a petition. Those suffering from poverty may not have the means to do so, and therefore, any individual can initiate legal action on their behalf in public interest, known as "Public Interest Litigation" (PIL). In some instances, High Court judges have taken suo moto action based on news reports.

These fundamental rights not only help in ensuring security but also prevent gross violations of human rights. They emphasize the fundamental unity of India by guaranteeing access and utilization of equal facilities for all citizens, irrespective of their background. Some fundamental rights apply to individuals of any nationality, while others are exclusively available to Indian citizens. The right to life and personal liberty, as well as freedom of religion, is available to all individuals. On the other hand, freedom of speech and expression and the right to reside and settle in any part of the country are reserved only for Indian citizens, including non-resident Indian citizens. The right to equality in matters of public employment cannot be granted to foreign nationals in India.

Fundamental rights primarily protect individuals from arbitrary actions of the state, but some rights are also enforceable against individuals. For instance, the Constitution abolishes untouchability and prohibits bonded labor. These provisions act as checks not only against state actions but also against actions by private individuals. However, these rights are neither absolute nor unrestricted and are subject to reasonable limitations necessary for general welfare. The Supreme Court has ruled that all constitutional provisions, including fundamental rights, can be amended. However, Parliament cannot alter the basic structure of the Constitution. Features such as secularism and democracy fall within this category. Since fundamental rights can only be modified through constitutional amendment, they hold paramount importance in the governance of the country.

Impact of National Emergency on Fundamental Rights: During a national emergency, fundamental rights are adversely affected. Under such circumstances, the rights granted by Article 19 (freedom of speech, assembly, movement, etc.) remain suspended. The legislature may enact laws that contravene the rights provided in Article 19. Additionally, the President may issue an order suspending the right to approach the courts for the enforcement of other fundamental rights.

Summary:

• Fundamental rights are protected and guaranteed by the Constitution.
• They are not absolute: Parliament can limit them or impose reasonable restrictions for a specific period, but courts have the power to review the rationality of such restrictions.
• They are justiciable: The Constitution allows individuals to directly approach the Supreme Court for enforcement if they are violated or restricted.
• Suspension of fundamental rights: Except for rights guaranteed under Articles 20 and 21, all fundamental rights can be suspended during a national emergency.
• Restriction of fundamental rights: They may be restricted in certain areas under military rule.

Conclusion

Fundamental rights play a crucial role as they are the most essential for achieving an individual’s complete intellectual, moral, and spiritual state. The purpose behind incorporating fundamental rights into the Constitution was to uphold personal freedom, create an egalitarian society, and establish a welfare state governed by the rule of law.