The Constitution of India, which came into effect on January 26, 1950, is a comprehensive document that lays down the framework demarcating the political code, structure, procedures, powers, and duties of government institutions, and mentions fundamental rights, directive principles, and the duties of citizens. Among its most significant provisions are the Fundamental Rights, enshrined in Part III of the Constitution (Articles 12 to 35). These rights are considered essential for the all-round development of individuals, providing a protective shield against any arbitrary encroachment by the state.

1. Right to Equality (Articles 14-18)

•    Article 14: This article Guarantees equality before the law and equal protection of the laws to all its citizens within the territory of India. It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.]

•    Article 15: Prohibits discrimination by the state against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them. However, it allows for special provisions for women, children, socially and educationally backward classes, and Scheduled Castes and Scheduled Tribes (SC/ST).

•    Article 16: This Article ensures equality of opportunity in matters of public employment to all its citizens. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, or residence. It also allows for reservations in favor of SC/ST and other backward classes.

•    Article 17: Abolishes “untouchability” in all perspectives and forbids its practice in any form. The enforcement of any disability arising from “untouchability” is a punishable offense.

•    Article 18: Abolishes all kind of titles except military and academic distinctions. The state cannot confer any titles on any individual.

2. Right to Freedom (Articles 19-22)

•    Article 19: Guarantees six kind of freedoms to all citizens:
o    Freedom of speech and expression
o    Freedom to assemble peacefully without arms
o    Freedom to form associations or unions
o    Freedom to move freely throughout the territory of India
o    Freedom to Live, reside and settle in any part of country
o    Freedom to practice any profession, or to carry on any occupation, trade, or business

•    Article 20: Provides protection in respect of conviction for offenses. It ensures that no person is:
o    Convicted of any offense except for violation of a law in force at the time of the commission of the offense charged as an offense
o    Subjected to a greater penalty than that which might have been inflicted under the law in force at the time of the commission of the offense
o    Cannot be prosecuted and punished for the same offense more than once
o    Compelled to be a witness against themselves

•    Article 21: Ensures protection of life and personal liberty. No person shall be deprived of their life or personal liberty except according to procedure laid down by law.

•    Article 21A: Provides the right to education. 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.

•    Article 22: Provides protection against arrest and detention in certain cases. It includes the right to be informed of the grounds of arrest, the right to consult a legal practitioner, and protection against arbitrary arrest and detention.

3. Right against Exploitation (Articles 23-24)

•    Article 23: Prohibits human trafficking completely and forced labor. Any contravention of this provision is punishable by law.

•    Article 24: Prohibits the employment/engagement of children below the age of 14 years in factories, mines, or any other hazardous employment.

4. Right to Freedom of Religion (Articles 25-28)

•    Article 25: Ensures freedom of conscience and the fundamental right to freely profess, practice, and propagate religion. It is subject to public order, morality, and health.

•    Article 26: Grants every religious denomination or any section thereof the right to manage its own affairs in matters of religion, to establish and maintain institutions for religious and charitable purposes, and to own and acquire movable and immovable property.

•    Article 27: Prohibits the state from compelling any person to pay taxes for the promotion or maintenance of any particular religion or religious denomination.

•    Article 28: Provides freedom from attending religious instruction or worship in certain educational institutions wholly maintained by state funds.

5. Cultural and Educational Rights (Articles 29-30)

•    Article 29: Protects the interests of minorities by allowing them to conserve their culture, language, and script.

•    Article 30: Gives minorities right to establish and administer educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32)

•    Article 32: Empowers citizens to move the Supreme Court (and High Courts under Article 226) to seek enforcement of Fundamental Rights. Dr. B.R. Ambedkar referred to this article as the "heart and soul" of the Constitution because it provides a guaranteed remedy for the protection of these rights.

landmark judgments

Landmark judgments play a crucial role in interpreting and expanding the scope of fundamental rights in India. They set important legal precedents and have significantly influenced Indian jurisprudence. Here are some of the landmark judgments related to fundamental rights in India:
1. Right to Equality

Kesavananda Bharati v. State of Kerala (1973)
•    Significance: This case established the "basic structure doctrine," which holds that the Constitution's basic structure cannot be altered by amendments. It reinforced the protection of fundamental rights by ensuring that even Parliament cannot infringe upon the core principles of the Constitution.
Indra Sawhney v. Union of India (1992)
•    Significance: Also known as the Mandal Commission case, this judgment upheld the implementation of reservations for Other Backward Classes (OBCs) in government jobs, but it also introduced the "creamy layer" concept, excluding the affluent sections within OBCs from reservations.

2. Right to Freedom

Maneka Gandhi v. Union of India (1978)
•    Significance: This case expanded the interpretation of Article 21 (right to life and personal liberty). The Supreme Court ruled that the right to life includes the right to live with dignity and personal freedom, and any procedure established by law must be fair, just, and reasonable.
Shreya Singhal v. Union of India (2015)
•    Significance: The Supreme Court struck down Section 66A of the Information Technology Act, 2000, which criminalized online speech deemed "offensive." The judgment upheld the right to freedom of speech and expression under Article 19(1)(a).

3. Right against Exploitation

People’s Union for Democratic Rights v. Union of India (1982)
•    Significance: The court emphasized that any form of forced labor is a violation of Article 23. The judgment expanded the definition of forced labor to include situations where workers are paid less than the minimum wage.

4. Right to Freedom of Religion

S.R. Bommai v. Union of India (1994)
•    Significance: This case dealt with the power of the President to dismiss state governments under Article 356. The judgment affirmed that secularism is a basic feature of the Constitution and state actions must adhere to this principle.

5. Cultural and Educational Rights

T.M.A. Pai Foundation v. State of Karnataka (2002)
•    Significance: The court ruled that minority educational institutions have the right to admit students of their choice, but they must adhere to regulations to maintain academic standards and excellence.

6. Right to Constitutional Remedies

A.K. Gopalan v. State of Madras (1950)
•    Significance: One of the earliest cases on preventive detention, it restricted the scope of personal liberty under Article 21. However, this view was later overturned by subsequent judgments that expanded the interpretation of fundamental rights.
Minerva Mills Ltd. v. Union of India (1980)
•    Significance: This judgment reinforced the basic structure doctrine and declared that the power of judicial review is a part of the basic structure, ensuring that fundamental rights cannot be abrogated.

These landmark judgments have been instrumental in shaping the landscape of fundamental rights in India. They reflect the dynamic nature of constitutional law and the judiciary's role in safeguarding individual liberties and ensuring justice. Through these rulings, the Supreme Court has consistently affirmed its commitment to uphold the fundamental rights enshrined in the Constitution.

Conclusion

The Fundamental Rights propounded in the Indian Constitution form the cornerstone of Indian democracy. They ensure that citizens can lead their lives with dignity and freedom, protected from any form of tyranny and oppression. These rights not only safeguard individual liberties but also promote social equality and justice, forming the foundation upon which the democratic ethos of the nation stands.

Reference:-

1. Right to Equality
Kesavananda Bharati v. State of Kerala Citation: AIR 1973 SC 1461
Indra Sawhney v. Union of India Citation: AIR 1993 SC 477
2. Right to Freedom
Maneka Gandhi v. Union of India Citation: AIR 1978 SC 597
Shreya Singhal v. Union of India Citation: AIR 2015 SC 1523
3. Right against Exploitation
People’s Union for Democratic Rights v. Union of India Citation: AIR 1982 SC 1473
4. Right to Freedom of Religion
S.R. Bommai v. Union of India Citation: AIR 1994 SC 1918
5. Cultural and Educational Rights
T.M.A. Pai Foundation v. State of Karnataka Citation: AIR 2003 SC 355
6. Right to Constitutional Remedies
A.K. Gopalan v. State of Madras Citation: AIR 1950 SC 27
Minerva Mills Ltd. v. Union of India Citation: AIR 1980 SC 1789

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