Fundamental rights are the basic rights given in Part III of the Indian Constitution, from Article 12 to 35. They safeguard individual freedom against the arbitrary actions of the state. This includes rights such as freedom of speech, expression, assembly, and religion. These rights form the basis of a just and fair society. They are essential for the functioning of a democracy. They empower citizens to participate in the democratic process by ensuring their freedom to express opinions, assemble peacefully, and seek redressal of grievances. This article explains the Significance of Fundamental Rights which is important for UPSC Indian Polity Preparation.

Concept of Fundamental Rights

• The Indian Constitution bestows fundamental rights on every Indian citizen, which are enshrined in Part III (Articles 12 to 35) of the Indian Constitution.
• Fundamental rights are essential because they are the foundation for an individual to develop into an independent, intellectual, responsible, moral, and spiritually developed citizen.
• Part III of the Constitution is appropriately referred to as the "Magna Carta of India."
• It contains a lengthy and exhaustive list of 'justiciable' Fundamental Rights.
• The Constitution guarantees all people fundamental rights without discrimination.
• The Fundamental Rights are named after the fact that they are guaranteed and protected by the Constitution, which is the supreme law of the land.

Constitutional Provisions

• Originally, the Constitution established seven Fundamental Rights, namely,
  • Right to equality (Articles 14–18)
  • Right to freedom (Articles 19–22)
  • Right against exploitation (Articles 23–24)
  • Right to freedom of religion (Articles 25–28)
  • Cultural and educational rights (Articles 29–30)
  • Right to property (Article 31)
  • Right to constitutional remedies (Article 32)
• The property right, however, was removed from the list of Fundamental Rights by the 44th Amendment Act of 1978.
• Article 300-A of Part XII of the Constitution establishes it as a legal right.
• As a result, there are currently only six Fundamental Rights.
• Article 31B of the Indian Constitution protects Acts and Regulations included in the Ninth Schedule from being challenged on the grounds of violation of fundamental rights.
• Article 31B exempts any law included in the Ninth Schedule from all Fundamental Rights, regardless of whether any of the laws included in the Ninth Schedule falls under any of the five categories defined in Article 31A.

Significance

• They are the foundation of the country's democratic system.
• They create the necessary conditions for man's material and moral protection.
• They are a powerful bulwark of individual liberty.
• They help to establish the rule of law in the country.
• They defend the rights of minorities and the weaker sections of society.
• They contribute to the Indian State's secular fabric.
• They check the absoluteness of the government's authority.
• They lay the groundwork for social equality and social justice.
• They protect people's dignity and respect.
• They make it easier for people to participate in the political and administrative processes.
• They defend the equality of all individuals, the dignity of the individual, the larger public interest, and national unity.
• The Fundamental Rights are intended to advance the ideal of political democracy.
• They prevent the establishment of authoritarian and despotic rule in the country and defend the people's liberties and freedoms from invasion by the state.
• They serve as checks on the executive's tyranny and the legislature's arbitrary laws. In a nutshell, they want to establish "a government of laws, not of men."
• It provides the judiciary with clear criteria for regulating relations between citizens and the government.
• People can freely enjoy their life and personal liberty because these rights exist and are enforced in court, they can move from one part of the country to another, they can assemble peacefully, and so on.
• Fundamental rights are not absolute, but rather limited rights. In the case of A.K. Gopalan v/s State of Madras (1950), the Supreme Court stated that there cannot be unlimited or uncontrolled liberty that is solely free of limitations since it may lead to anarchy and chaos.
• Fundamental Rights exists to establish the rule of law. On the other hand, granting the state total control over the person would result in tyranny or state terror.
• As a result, there must be a balance struck between individual liberty and communal requirements.

Constitutional Judgements

The Secretary, Ministry of Defence vs. Babita Puniya & Ors.

• Women were only allowed to join certain cadres of the Indian army through the Short Service Commission.
• In comparison to men appointed by the Permanent Commission, this Short Service Commission provided only short-term appointments with no benefits such as a pension.
• As a result, the Supreme Court ruled on the necessity of the Permanent Commission and the legality of it through the guidelines issues in 2019.
• The government contended that such induction would cause management problems by referring to the maternity and child care leave that women are entitled to.
• The court ruled that all of those submissions are based on sex stereotypes about socially recognized gender roles that discriminate against women.
• As a result, the Supreme Court ruled that the state's action violated Article 14 of the Constitution, and it ordered that all women officers in the Short Service Commission be granted Permanent Commissions regardless of their service tenure.

Siddaraju vs. the State of Karnataka (2020)

• The question in the case is whether individuals covered by the "Persons with Disabilities (Equal Opportunities, Protection of Rights, and Full Participation) Act, 1995" can be given promotion preferences.
• This case was dismissed by the High Court of Karnataka in 2016 because reservation in promotion is constitutionally not permissible under Indra Sawhney v. Union of India.
• Following an appeal to the Supreme Court, it was determined that people with disabilities, as defined by the Persons with Disabilities Act of 1995, are capable of performing full-time duties in their positions.
• It was argued that the Indra Sawhney case was irrelevant because it dealt with a different issue.
• As a result, it was determined that such a reservation in promotion is not prohibited by Article 16(1).
• The union was also directed to set aside up to 3% of its reservation for people with disabilities.

Conclusion

By guaranteeing freedoms and protections, fundamental rights not only enhance the quality of life for individuals but also contribute to the overall stability and development of society. Their significance cannot be overstated, as they form the foundation upon which the principles of justice, equality, and democracy are built and maintained

FAQs

Q1: What are Fundamental Rights in the Indian Constitution?

Q2: How do Fundamental Rights contribute to the protection of individual liberties?

Q3: What role do Fundamental Rights play in promoting social justice?

Q4: Can Fundamental Rights be suspended during a national emergency?

Q5: How do Fundamental Rights empower citizens in a democracy?

MCQs

1. Which of the following is NOT a Fundamental Right under the Indian Constitution?

A) Right to Equality

B) Right to Education

C) Right to Property

D) Right to Freedom of Speech

2. Which Article of the Indian Constitution guarantees the Right to Constitutional Remedies?

A) Article 14

B) Article 21

C) Article 32

D) Article 19

3. The right against exploitation includes which of the following?

A) Prohibition of human trafficking

B) Right to form associations

C) Freedom of religion

D) Right to free speech

4. During a national emergency, which of the following rights cannot be suspended?

A) Right to Freedom of Speech

B) Right to Equality

C) Right to Life and Personal Liberty

D) Right to Education

5. Which of the following Articles provides for the abolition of untouchability?

A) Article 15

B) Article 17

C) Article 21

D) Article 46

GS Mains Questions and Model Answers

Q1. Discuss the significance of Fundamental Rights in the Indian Constitution.

Answer: Fundamental Rights are essential in the Indian Constitution as they ensure the protection of individual liberties and provide a framework for a just society. They serve as a safeguard against arbitrary actions by the state, guaranteeing essential freedoms such as speech, religion, and equality. These rights promote social justice by empowering marginalized groups, ensuring that every citizen has access to justice and is protected against discrimination. The right to constitutional remedies under Article 32 allows individuals to seek legal recourse, reinforcing the rule of law and accountability within the governance system. Furthermore, Fundamental Rights play a pivotal role in maintaining the democratic fabric of the nation by ensuring active citizen participation in the democratic process. Overall, these rights are foundational to the protection of human dignity and the promotion of a vibrant democracy in India.

Q2. Analyze the relationship between Fundamental Rights and social justice in India.

Answer: The relationship between Fundamental Rights and social justice in India is deeply intertwined, as Fundamental Rights serve as a tool for achieving social justice. Rights such as the right to equality (Article 14), right to freedom (Article 19), and the right against exploitation (Articles 23 and 24) are designed to protect individuals from discrimination and exploitation. These rights empower marginalized and disadvantaged groups, facilitating their participation in society and ensuring that they have access to opportunities. By prohibiting discrimination based on caste, religion, gender, or disability, Fundamental Rights foster an inclusive environment that promotes equality and social cohesion. Additionally, the enforcement of these rights through judicial mechanisms ensures that the voices of the underprivileged are heard and protected, thereby advancing the cause of social justice. Consequently, Fundamental Rights not only safeguard individual freedoms but also contribute to building a more equitable society in India.

Q3. Examine the implications of the suspension of Fundamental Rights during a national emergency.

Answer: The suspension of Fundamental Rights during a national emergency, as provided under Article 359 of the Indian Constitution, has significant implications for the protection of individual liberties. While such suspension is intended to address national security concerns, it raises critical questions about the balance between state authority and individual rights. During an emergency, certain rights may be curtailed, which can lead to potential abuse of power by the government and erosion of democratic principles. However, Article 21, which guarantees the right to life and personal liberty, remains inviolable even during an emergency, ensuring a basic level of protection for individuals. The implications of suspending Fundamental Rights can lead to widespread violations and a chilling effect on dissent, potentially stifling free speech and democratic engagement. Therefore, while the provision is designed to enable swift action during crises, it necessitates careful scrutiny and safeguards to prevent the undermining of constitutional rights and the principles of democracy.

Previous Year Questions on  Significance Of Fundamental Rights

1. UPSC CSE 2021

Question. "Evaluate the importance of Fundamental Rights in the context of the Indian Constitution."

Answer: Fundamental Rights are integral to the Indian Constitution, ensuring individual freedoms and protection against state excesses. They serve as a bulwark for personal liberty, enabling citizens to live with dignity and equality. These rights are essential for the functioning of a democratic society, as they empower individuals to challenge injustices and seek remedies for violations. The inclusion of Fundamental Rights reflects the commitment to social justice and equality, ensuring that marginalized groups are protected from discrimination. Moreover, these rights facilitate the active participation of citizens in governance, reinforcing the principles of accountability and transparency. The importance of Fundamental Rights lies in their role as enforcers of justice and equality, forming the foundation for a just and equitable society in India.

2. UPSC CSE 2020

Question. "Discuss the significance of the right to constitutional remedies under Article 32 of the Indian Constitution."

Answer: The right to constitutional remedies under Article 32 is a cornerstone of the Indian Constitution, providing individuals with the means to enforce their Fundamental Rights. It empowers citizens to approach the Supreme Court for redressal in cases of rights violations, ensuring access to justice. Article 32 acts as a protector of liberties, reinforcing the rule of law by holding the state accountable for its actions. The significance of this right extends beyond individual grievances, as it also serves as a check on arbitrary state power, promoting a culture of respect for rights and freedoms. The provision has been instrumental in landmark judgments that have expanded the scope of Fundamental Rights, illustrating its crucial role in safeguarding democracy and ensuring justice for all. Consequently, Article 32 is vital for the protection and enforcement of rights, making it a fundamental element of the constitutional framework in India.

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