DEMYSTIFYING FUNDAMENTAL RIGHTS: Understanding The Backbone Of Democracy

DEMYSTIFYING FUNDAMENTAL RIGHTS: Understanding the backbone of democracy

 Fundamental rights are the basic rights that form the foundation of any democratic society. They are crucial for protecting individual freedom, promoting equality, and upholding principles of justice. These rights are essential for creating a society that is fair and inclusive, empowering citizens to participate, express themselves, and live meaningful lives. In this blog post from Examrewards.com, we will explore the significant importance of Fundamental Rights in the context of democracy. We will delve into their origin and development, understand their role in democratic systems, and examine how they impact the lives of individuals. Democracy is more than just a system where the majority makes decisions. It goes beyond that by ensuring that the rights and freedoms of all citizens are safeguarded, regardless of their background, beliefs, or social status. Fundamental rights serve as safeguards against potential abuses of power. They play a critical role in holding governments accountable and protecting the dignity and autonomy of individuals.

Content

·      Origin and development

·      Significance and impact

·      Features

·      Types

·      Article in the constitution

·      Legal framework of Fundamental Right

·      Challenges and Controversies

·      Conclusion

Origin and Development of Fundamental Rights in India:

·      Origin in the Freedom Struggle:

The demand for fundamental rights originated during India's freedom struggle against British colonial rule.

The Indian National Congress and other freedom fighters emphasized the need for individual liberties and equality.

·      Influence of International Declarations:

The Universal Declaration of Human Rights (1948) and other international declarations influenced the framing of fundamental rights in India.

 These declarations emphasized the universality and indivisibility of human rights.

·      Drafting of the Indian Constitution:

The Constituent Assembly, led by B.R. Ambedkar, drafted the Constitution of India.

 Extensive deliberations were held to ensure the inclusion of comprehensive fundamental rights.

·      Enshrinement in the Constitution:

Part III of the Constitution, adopted in 1950, enshrined fundamental rights. These rights include the right to equality, freedom of speech, protection of life and liberty, and more.

·      Amendments and Expansions:

 Over time, the Constitution has been amended and interpreted to expand the scope of fundamental rights.

Landmark judgments by the Supreme Court have played a significant role in broadening and protecting these rights.

·      Balancing with Directive Principles of State Policy:

The Constitution also includes Directive Principles of State Policy, which guide the government in socio-economic matters.

Courts have attempted to strike a balance between fundamental rights and directive principles, ensuring their harmonious application.

·      Protection and Enforcement:

The Constitution provides for remedies, including writs and judicial review, to protect and enforce fundamental rights.

Citizens can approach the courts to seek redressal in case of rights violations.

The origin and development of fundamental rights in India can be traced back to the freedom struggle, international influences, the drafting of the Constitution, subsequent amendments, and judicial interpretation. These rights form the cornerstone of Indian democracy, providing individuals with essential protections and ensuring a just and inclusive society.

Significance and impact

Fundamental Rights are a set of legal and constitutional guarantees that protect the personal liberty and freedom of Indian citizens. These rights are enshrined in the Constitution of India and are considered the keystone of Indian democracy. Fundamental rights have had a significant impact on Indian society and governance. They have helped promote social justice, equality and human dignity and have been instrumental in protecting the rights of marginalized and disadvantaged groups. The rights to freedom of speech and expression, religion and assembly have been particularly important in promoting democratic values and giving voice to diverse viewpoints and opinions. Fundamental rights have also been the subject of many legal challenges and debates, particularly with regard to their scope and limits. The Supreme Court of India has played an important role in interpreting and enforcing fundamental rights, often through landmark judgments that have influenced Indian law and society.

Features of Fundamental Rights in India:

·      Enshrined in the Constitution.

·      Universally applicable to all citizens.

·      Justiciable and enforceable through courts.

·      Protect individual liberties and freedoms.

·      Ensure equality and prohibit discrimination.

·      Subject to reasonable restrictions in the interest of public welfare.

·      Remedies and judicial review available.

·      Balancing with Directive Principles of State Policy.

Types of Fundamental Rights in India:

·      Right to Equality:

Ensures equality before the law, prohibits discrimination, and promotes equal opportunity.

Includes equality of status, equality of opportunity, and prohibition of discrimination on various grounds.

·      Right to Freedom: Guarantees personal freedoms and liberties. Includes freedom of speech and expression, assembly, association, movement, residence, and profession.

·      Right against Exploitation: Protects individuals from various forms of exploitation. Prohibits forced labor, child labor, and trafficking.

·      Right to Freedom of Religion: Ensures freedom of conscience and the right to profess, practice, and propagate any religion. Allows individuals to manage religious affairs and protects religious and cultural rights.

·      Cultural and Educational Rights: Protects the rights of minorities to conserve their language, script, and culture. Ensures the right to establish and administer educational institutions.

·      Right to Property (Removed): Originally included as a fundamental right, but removed by the 44th Amendment in 1978. Now considered a legal right, subject to reasonable restrictions.

·      Right to Constitutional Remedies: Provides remedies to individuals for the enforcement of fundamental rights. Includes the right to approach the courts through writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto.

These types of fundamental rights in India collectively safeguard the individual liberties, equality, and freedom of its citizens. They ensure protection from exploitation, preserve cultural and religious diversity, and provide avenues for seeking redressal in case of rights violations.

ARTICLE IN THE CONSTITUTION

 Article 14 - Right to Equality: Guarantees equality before the law and equal protection of the laws to all individuals within India's territory, prohibiting discrimination based on race, religion, caste, sex, or place of birth.

Article 15 - Prohibition of Discrimination: Prevents discrimination by the State against any citizen on grounds of religion, race, caste, sex, or place of birth, and allows for special provisions for socially and educationally backward classes.

Article 16 - Equality of Opportunity in Public Employment: Ensures equality of opportunity in matters of public employment, prohibits discrimination in recruitment, and allows the State to make reservations in favor of certain classes.

 Article 17 - Abolition of Untouchability: Abolishes the practice of untouchability in any form, and enforces penalties for its violation.

Article 18 – Talks about abolition of title. It says: No title not being a military or academic distinction, shall be conferred by the state. No citizen of India shall accept any title from any foreign state.

Article 19 - Right to Freedom: Guarantees six essential freedoms - freedom of speech and expression, assembly, association, movement, residence, and the right to practice any profession, occupation, trade, or business.

Article 20 - Protection in Respect of Conviction for Offenses: Provides safeguards against double jeopardy, self-incrimination, and retrospective punishment.

Article 21 - Right to Life and Personal Liberty: Ensures the protection of life and personal liberty, except according to the procedure established by law.

Article 21A - Right to Education: Introduces the right to free and compulsory education for children between the ages of 6 and 14 years.

Article 22 - Protection against Arrest and Detention: Enlists safeguards against arbitrary arrest and detention, including the right to be informed of the grounds of arrest and the right to legal representation.

Article 23 - Prohibition of Trafficking and Forced Labour: Forbids human trafficking and forced labour, imposing punishment for offenses related to these activities.

Article 24 - Prohibition of Child Labour: Prohibits the employment of children below the age of 14 years in hazardous occupations.

Article 25 - Freedom of Religion: Provides the right to profess, practice, and propagate any religion, subject to public order, morality, and health.

Article 26 - Freedom to Manage Religious Affairs: Grants religious denominations the autonomy to manage their religious affairs and properties.

 Article 29 - Protection of Minorities' Interests: Safeguards the interests of minorities in India, ensuring the right to conserve their distinct language, script, or culture.

Article 30 - Right of Minorities to Establish Educational Institutions: Allows minorities to establish and administer educational institutions without discrimination. These fundamental rights are an essential part of the Indian Constitution, safeguarding the rights and liberties of its citizens and ensuring a democratic and just society.

Legal Framework of Fundamental Rights in India:

·      Constitution of India

 The fundamental rights are enshrined in Part III (Articles 12-35) The Constitution serves as the primary legal framework for the protection and enforcement of fundamental rights.

·      Justiciability:

Fundamental rights in India are justiciable, meaning they can be enforced through the judiciary.

Citizens have the right to approach the courts if their fundamental rights are violated.

·      Judicial Review:

The judiciary, particularly the Supreme Court of India, has the power of judicial review.

It ensures the constitutionality of laws and government actions in relation to fundamental rights.

·      Writs:

The Constitution provides for various writs as remedies to protect fundamental rights. Writs include Habeas corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

·      Legislative Measures:

The Indian Parliament and State Legislatures have the power to enact laws for the protection and regulation of fundamental rights.

These laws are expected to align with and not infringe upon the fundamental rights.

International Conventions and Treaties:

India is a signatory to various international conventions and treaties that promote and protect human rights.

These international obligations also influence the legal framework and interpretation of fundamental rights in India.

·      Judicial Interpretation:

The judiciary, particularly the Supreme Court, plays a crucial role in interpreting and expanding the scope of fundamental rights.

Landmark judgments and legal precedents shape the understanding and application of fundamental rights.

 The legal framework of fundamental rights in India is based on the Constitution, which ensures their protection and enforcement. Judicial review, writs, legislative measures, international obligations, and judicial interpretation contribute to the evolving legal framework that safeguards individual liberties and promotes equality and justice.

Challenges and Controversies of Fundamental Rights in India:

Balancing Rights and State Interests: Balancing individual rights with concerns of national security, public order, and social welfare poses challenges.

Interpretation and Ambiguity: Interpreting the scope and limitations of fundamental rights can lead to controversies due to different interpretations by courts.

Social and Cultural Diversity: Protecting fundamental rights uniformly across diverse sections of society is a challenge, with discrimination based on caste, religion, gender, etc., remaining concerns.

Access to Justice and Awareness: Challenges in accessing justice and asserting fundamental rights, particularly for marginalized communities due to lack of awareness and resources.

Violation and Enforcement: Instances of rights violations, such as police excesses and privacy infringements, highlight the challenge of timely and effective enforcement.

Technological Issues: Technological advancements present challenges to fundamental rights, including privacy concerns and the balance between innovation and individual rights.

 Controversies Surrounding Freedom of Speech: Balancing free speech and hate speech, defamation laws, and regulation of online content are sources of controversy.

Socio-economic Rights: Balancing fundamental rights with socio-economic welfare goals sparks debates and challenges.

 Addressing these challenges requires comprehensive approaches, including legal reforms, awareness campaigns, sensitization of law enforcement agencies, and continuous judicial interpretation to uphold fundamental rights in India.

Conclusion:

Demystifying fundamental rights is vital to understanding their crucial role as the backbone of democracy. These rights serve as the pillars that uphold the principles of equality, justice, and liberty in a democratic society. They guarantee individuals the freedom to express themselves, protect their dignity, and participate in shaping the course of their nation. By historical context, legal framework, and types of fundamental rights, we gain insight into their origin and development. It is evident that fundamental rights in India are not mere legal provisions; they are the embodiment of the aspirations and struggles of the people who fought for independence and laid the foundation of a democratic nation. However, challenges and controversies persist in upholding and safeguarding fundamental rights. Balancing the rights of individuals with the interests of the state, ensuring access to justice for all citizens, and addressing social and cultural diversity are ongoing tasks that require constant vigilance. Democracy flourishes when fundamental rights are respected, protected, and actively promoted.