Rights in Indian Constitution: Backbone of Democracy 1400 Words
The Indian Constitution, enacted on January 26, 1950, is one of the greatest, most developed, and matured constitutions all over the world. It would perhaps best illustrate these essentials through its fundamental rights, which are the heart of its democratic structure. These rights provided in Part III (Articles 12 to 35) give assurance that people and communities could exercise their liberties, equality, and dignity in the rule of law. It is in this paper that it will examine these rights in a contextual and comprehensive manner focusing on their implications and the importance they carry in modern India.
Introduction
The Constitution of India aims at the realization of justice, liberty, equality, and fraternity among all its citizens. Fundamental rights are a powerful defense mechanism to reach out to this ideal. These rights, against the principles of democracy, promise that citizens of this nation can enjoy life in dignity, security, and equality without exploitation and prejudice. As the needs of society grow, these rights have evolved through judicial interpretation as well as through amendments over time.
Essential Rights in the Indian Constitution
Right to Equality (Articles 14-18):-
This set of rights enjoys equality for all citizens with the removal of any discrimination on various grounds.
Equality Before Law (Article 14):-
This right provides a person with equal status before law and equal protection of it.
Prohibition of Discrimination (Article 15):-
Article 15 bars discrimination on grounds of religion, race, caste, sex, or place of birth
Equality of Opportunity (Article 16):-
The article ensures equal opportunity in public employment without any religious, caste, race, sex, descent, place of birth, or residence preference.
Abolition of Untouchability (Article 17):-
This article demands the abolition of untouchability and attainment of social equality.
Abolition of Titles (Article 18):-
Article 18 prohibits the state from conferring any titles that could result in social inequality, except for distinctions for military and academic distinction.
Right to Freedom (Articles 19-22):-
This bundle of rights protects individual liberties, guaranteeing personal freedom, and immunity from arbitrariness by the state.
Six Freedoms Protected (Article 19):-
Article 19 safeguards six definite freedoms: speech and expression, assembly, association, movement, residence, and profession.
Protection in Respect of Conviction for Offenses (Article 20):-
It safeguards the individual against arbitrariness or retrospectivity and also double jeopardy and compulsion of disclosure that may lead to self-incrimination.
Article 21 shall protect the right to life and personal liberty; it was interpreted to include among other things privacy, livelihood, and dignity.
Protection Against Arrest and Detention (Article 22):-
Article 22 shall provide procedures that shall be followed in arresting and detaining the person.
Right Against Exploitation (Articles 23-24):-
These rights aim at preventing human exploitation and promoting the dignity of individuals.
Prohibition of Human Trafficking and Forced Labor (Article 23):-
Article 23 prohibits human trafficking, begar (forced labor), and other forms of exploitation of similar nature.
Prohibition of Child Labor (Article 24):-
Article 24 outlawed the employment of children below 14 years of age in hazardous industries.
Right to Freedom of Religion (Articles 25-28):-
This right accords a right for the right to freedom to follow or practice or to propagate any religion.
Freedom of Conscience and Free Profession of Religion (Article 25):-
Article 25 The freedom of conscience and the right to profess, practice, and propagate religion without any fear or worry has been made available by Article 25.
Right to Conduct Affairs of a Particular Religion(Article 26):-
Article 26 has accorded the right to religious communities to conduct their own affairs as required by a particular religion.
Freedom from Certain Taxes for the Promotion of a Particular Religion (Article 27):-
Article 27 says that no citizen is compelled to pay taxes for the spread of a particular religion.
Freedom in Religious Instruction in Certain Educational Institutions(Article 28):-
This provision prescribes religious instruction in institutions for education.
Rights of Cultural and Educational Communities (Articles 29-30):-
These rights safeguard the interest of minorities concerned with culture and languages so that their rights to preserve their heritage and get education are ensured.
Protection of Minorities’ Interests (Article 29):-
Article 29 provides protection to any group to preserve the language, script or culture.
Right to Establish and Administer Educational Institutions (Article 30):-
Article 30 allows the minorities to establish and maintain educational institutions that they may desire.
Right to Constitutional Remedies Article 32:-
Popularly known as the “soul and heart of the Constitution”, Article 32 has helped the people to get justice whenever their rights are violated.
Right to Approach Supreme Court for Enforcing Rights
The Constitution, through Article 32, provides people with the opportunity of directing the Supreme Court to enforce their fundamental rights through writs.
Types of Writs
The Constitution grants five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto, and which all come as different types of protection.
Judicial Interpretation and Expansion of Rights:-
The judiciary, especially the Supreme Court, has interpreted the said rights over the years and opened them expansively. The landmark judgments from the Supreme Court have broadened the meaning of fundamental rights to make them relevant in modern times.
Right to Privacy:-
In the case of Justice K.S. Puttaswamy v. Union of India (2017), the Supreme Court declared the right to privacy as a constituent part of the right to life and personal liberty under Article 21.
Right to Education:-
In Mohini Jain v. State of Karnataka (1992) and Unni Krishnan v. State of Andhra Pradesh (1993), the Court held that it forms part of Article 21 to have a right to education, and Article 21A became part of the Constitution as it enshrines free and compulsory education for every child between 6 and 14 years of age.
Right to Clean Environment:-
Article 21 has been interpreted as including the right to a clean and healthy environment within it.
Limitations and Restrictions on Fundamental Rights
The fundamental rights, although granted by the Constitution, are not absolute. Some restrictions are applied to them.
Reasonable Restrictions:-
For the maintenance of public order, morality, and national security, the state can impose reasonable restrictions upon rights like freedom of speech, assembly, and movement.
Suspension in Emergency
Articles 358 and 359 permit the suspension of certain provisions of fundamental rights in national emergencies. Article 21 cannot be suspended.
Special Provisions for Scheduled Castes, Scheduled Tribes and Other Backward Classes
Under Article 15, the Constitution permits affirmative action to enhance the welfare of the downtrodden section of the society. Thereby, it appears to be a limitation imposed on the right to equality but actually held for the advancement of social justice.
Importance and Implication of Fundamental Rights
Elevation of Citizens:-
Through fundamental rights citizens have received legal aid and secured which enables them to lead a life of dignity as well as equality.
Strengthening Democracy:-
These rights encourage the participation of citizens in democratic bodies, and give them the right to protest and demand accountability.
Advancement towards Social Equality:-
Using affirmative action and protection of certain fundamental rights, the government fills socio-economic disparities as well as establishes an equal society.
Protection against State Arrogance:-
Fundamental rights protect all citizens from arbitrary acts of the state, while strikes the perfect chord between state authority and individual rights.
Conclusion:-
The fundamental rights granted in the Indian Constitution reflect not only guarantees in law but also a commitment to democratic ideals and human dignity. Many of these rights provide the basis upon which any individual’s freedoms would be protected, and equality would be brought forth and justice seen in the integration of all. Evolution through judicial activism and legislative amendments continues to make their scope and relevance change in these rights, further showing the dynamic nature of the Indian democracy.
Still, contemporary India faces the very serious challenges of concerns about privacy, environmental degradation, and social inequality. Fundamental rights must be robust and dynamic to meet these demands. Their protection and preservation are extremely important in sustaining the democratic fabric of the country. As India progresses, these rights will have to be zealously upheld because they are the beacon guiding the country toward a just, inclusive, and humane society.
Also Read:- The August Offer of 1940: A Turning Point in India’s Freedom Struggle