Basic Rights in India: How Amendments and Courts Shape Our Freedom 1400 Words
The Fundamental Rights, under Part III of the Indian Constitution, are the bedrock of the democratic ethos of the country and protect the rights of individuals against the arbitrariness of the state. These rights have been borrowed from various constitutions across the world and modified according to the specific socio-political needs of the country, thus guaranteeing equality, freedom, and justice to all citizens. Over two decades since such rights had originated in an integrated array, and since they had been implemented by constitutional amendments and judicial explication, the present article throws light on some critical amendments and landmark judicial decisions that have paved their way for formation and materialization in India.
Origin of Fundamental Rights
The framers of the Indian Constitution had visualized Fundamental Rights as an insurance against the probable misuse of power by the state. These can be broadly categorized under six heads, which include:-
Right to Equality (Articles 14-18):-
This gives an assurance of equality before law and prohibits any kind of discrimination on grounds of religion, race, caste, sex, or place of birth.
Right to Freedom (Articles 19-22):-
This includes speech and expression, assembly, association, movement, residence, as well as the right to a particular profession.
Right against Exploitation (Articles 23-24):-
It includes prohibition of human trafficking and forced labor as well as all those things related to it.
Right to Freedom of Religion (Articles 25-28):-
It ensures freedom for the religion and gives one the right to govern any religion.
Cultural and Educational Rights (Articles 29-30):-
It safeguards the rights of the minority for maintaining its culture and to establish educational institutions.
Right to Constitutional Remedies (Article 32):-
It allows the citizens to petition the Supreme Court or High Courts to rectify the Fundamental Rights.
Amending Acts Impacting Fundamental Rights
The First Amendment (1951):-
The First Amendment introduced important amendments to rectify the wrongs that emerged from judicial decisions declaring certain laws to be violative of Fundamental Rights.
Introduced Articles 31A and 31B to protect the agrarian reform laws from judicial scrutiny.
Included the Ninth Schedule to save some enactments from being challenged on the ground of contravention of Fundamental Rights.
Article 19(1)(a) was amended to provide reasonable restrictions on freedom of speech and expression in the cause of public order, security, and friendly relations with foreign states.
Twenty-Fourth Amendment, 1971
This amendment clarified the Parliament’s ability to alter any portion of the Constitution, including Fundamental Rights. It was the direct consequence of the Supreme Court’s ruling in Golaknath v. State of Punjab (1967), where the court held that the Fundamental Rights could not be amended by the Parliament.
The Forty-Second Amendment (1976)
This amendment is known as the “Mini-Constitution,” and it:-
Expanded the scope of Article 31C, which consequently supplants Fundamental Rights under Articles 14 and 19 by statutes drafted on the principle of Directive State Policy.
Altered the Preamble and incorporated the words “Socialist” and “Secular” with a view to invest the community at large with sovereignty in whose favour individual rights cede ground.
Forty-Fourth Amendment (1978)
A post-Emergency curative measure between 1975-77, where the scales were again equalized between the Fundamental Rights and state authority. Changes are significant
Article 31 be repealed which granted the right to property as a Fundamental Right and Article 300A under the Directive Principles take its place.
Article 22 to be strengthened so that preventive detention is better protected.
Judicial Interpretations of Fundamental Rights
Indian courts, more especially the Supreme Court have played an extremely vital role in the interpretation and elaboration of the scope of Fundamental Rights. A couple of the landmark judgments removed specific constitutional provisions and thereby immediately illustrated how the judiciary itself could also play the role as a defender of individual rights.
A.K. Gopalan v. State of Madras, 1950:-
This Supreme Court decision at an earlier point again took a narrow approach towards Fundamental Rights and held each one separate and sovereign. The court upheld the preventive detention of Gopalan under the Preventive Detention Act, 1950 and held there was no violation of Article 21 right to life and personal liberty.
Maneka Gandhi v. Union of India, (1978):-
It emerged to be par excellence case in the exposition of the Fundamental Rights. The Supreme Court observed that in interpreting Article 21-that provides right to life and personal liberty-expression has to be construed liberally so that elements of natural justice and procedural fairness also fall within it. It proclaimed the essential doctrine that all the Fundamental Rights are mutually inter-related and that Articles 14, 19 and 21 constitute a single uniform trilogy.
Kesavananda Bharati v. State of Kerala (1973):-
It is one of the landmark judgments through which the Basic Structure Doctrine was evolved. The Court held that the power of amending the Constitution vested in the Parliament was not absolute. Fundamental rights, more particularly those composing the basic structure of the Constitution, cannot be abrogated. Since then, it has acted as a bulwark against constitutional overreaching.
Minerva Mills v. Union of India (1980):-
The court reiterates the doctrine of Basic Structure and parts of the Forty-Second Amendment that gives preference over Directive Principles to Fundamental Rights. It underlines the very fact that the balance in between Directive Principles and Fundamental Rights lies in the integrity of the constitution.
I.R. Coelho v. State of Tamil Nadu (2007):-
Those enactments added to the Ninth Schedule after the judgment date on 24 April, 1973, in the case of Kesavananda Bharati would come within the mischief of judicial review if they were in contravention of the Fundamental Rights constituting the basic structure.
Puttaswamy v. Union of India (2017):-
This judgment declared the right to privacy as a Fundamental Right, under Article 21, declaring its importance in the new digital age. This sealed the proactive position of the judiciary in shaping the Fundamental Rights to face the challenges that emerge.
Evolution of Fundamental Rights
Right to Education (Article 21A):-
This proviso introduced by the Eighty-Sixth Amendment 2002 made free and compulsory education for children in the age group of 6 to 14 a Fundamental Right. This was so judicially achieved mainly through the judgment of Mohini Jain v. State of Karnataka in 1992 and Unni Krishnan v. State of Andhra Pradesh in 1993.
Right to Information:-
Though not explicitly included in the list, judicially, under Article 19(1)(a), Right to Information had been read in. The enactment of the Right to Information Act, 2005 has further made this right actual so that there is transparency and accountability.
Environmental Rights:-
The judiciary has also recognized a right to a clean and healthy environment since it is a part of the right to life under Article 21. Such important cases as M.C. Mehta v. Union of India have actually increased the scope of environmental jurisprudence that made the state accountable for the ecological degradation. Challenges and Criticism
No doubt, the amendments and judicial interpretations that have made Fundamental Rights much stronger have also precipitated controversies about judicial activism, the legislational overreaching, and balancing between individual rights and the greater good. The salient concerns are:
Judiciary overreach:-
Too much activism by the judiciary will disturb the separation of powers; courts will trespass upon what is legislative and executive, people assert.
The more emphasis given by Fundamental Rights creates imbalance as it makes more Fundamental Duties and the perception of constitutional duties develops into biased.
Protection to weak groups:-
Even with great support of jurisprudence, systemic exploitation can be observed against various powerless groups in society as those policies and laws need a balance along with effective execution too.
Conclusion
It has been an energetic interplay between constitutional provisions, legislative amendments, and judicial interpretations that has marked the journey of Fundamental Rights in India. Social changes and new challenges to this nation make way for the flexibility and resilience of the Indian Constitution so that Fundamental Rights continue to stay relevant and robust. The demands to balance individual freedoms with societal interests continue to call for vigilant progressive reforms and commitment to foundational values, namely justice, liberty, equality, and fraternity.
Also Read:- The Indian Constitution: Its Evolution and Significance 1200 Words