A Study on the Basic Rights of Indian Citizens

The Fundamental Rights have been classified under the six categories-Right to Freedom, Right to Equality, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational rights and Right to constitutional remedies. These Fundamental Rights are envisaged in Part III (Articles 12 to 35) of the Indian Constitution. General Rights: • Article 12: The Definition of Fundamental Rights is given in this Article • Article 13: The Article comprises Laws of inconsistent with or in derogation of the Fundamental Rights

• Article 14: The provisions regarding Equality before Law are included in this Article • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth is specified in this Article • Article 16: This Article consists of Rights of Equality of opportunity in matters of public employment • Article 17: Abolition of untouchability is mentioned in this particular Article • Article 18: This Article provides details about Abolition of titles

• Article 19: Protection of certain rights regarding freedom of speech, etc. are clearly specified in the Article • Article 20: This Article states the Protection in respect of conviction for offenses • Article 21: Protection of life and personal liberty is mentioned in the Article • Article 22: This Article deals with Protection against arrest and detention in certain cases

• Article 23:The details of Prohibition of traffic in human beings and forced labor are presented in this Article • Article 24:The Article contains Prohibition of employment of children in factories, etc.

conscience and free profession, practice and propagation of religion are clearly enumerated in this Article • Article 26:The Article specifies the freedom to manage religious affairs • Article 27:Freedom as to payment of taxes for promotion of any particular religion is stated in the Article • Article 28:This Article includes freedom as to attendance at religious instruction or religious worship in certain education institutions

• Article 29:Protection of interests of minorities is specified in detailed form in this Article • Article 30:Right of minorities to establish and administer educational institutions is scripted in this very Article • Article 31:The Article dealing with Compulsory acquisition of property has been repealed through the Constitution Act, 1978 under 44th Amendment

• Article 31A: This Article contains savings of laws providing for acquisition of estates, etc. • Article 31B: Validation of certain Acts and Regulations are mentioned in the Article • Article 31C: This Article deals with saving of laws giving effect to certain directive principles • Article 31D:This Article deals with saving of laws giving effect to certain directive principles

• Article 32:Remedies for enforcement of rights conferred by this part have been included in the Article • Article 33: This particular Article addresses the Power of Parliament to modify the rights conferred by this Part in their application to forces, etc. • Article 35:This Article indicates the Legislation to give effect to the provisions of this Part

1. Right to Equality (Art. 14-18) Article 14 represents the idea of equality, which states that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. The equality before the law is guaranteed to all without regard to race, colour, or nationality. (Article 15): Non-discrimination on grounds of religion, race, caste, sex, or place of birth Article 15 states that the state shall not discriminate against any citizen on grounds only of religion, caste, sex, place of birth, or any of them and would not be subject to any disability, liability, restriction, or condition. Nothing in this article shall prevent the state from making any special provisions for women and children. Nothing in this article or in sub-clause (G) of clause (1) of Article 19 shall prevent the state from making any special provision by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or Scheduled Tribes. (Article 16): Equality of opportunity in public employment Article 16 states that no citizen shall on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them, be ineligible for or discriminated against in respect of any employment or office under the state. It empowers Parliament to make a law prescribing any requirement as to residence within that state or UT prior to employment or appointment in that state or UT. It empowers the state to make special provisions for the reservation of appointments or posts in favor of any backward classes of citizens. (Article 17): Abolition of Untouchability Article 17 abolishes Untouchability and forbids its practice in any form. Untouchability refers to a social practice that looks down upon certain oppressed classes solely on account of their birth and makes any discrimination against them on this ground. Article 18 abolishes all titles and prohibits the state to confer titles on anybody whether a citizen or a non-citizen. However, military and academic distinctions are exempted from the prohibition. (Article 19): Right to Freedom The Right to Freedom guarantees to the citizens of India six Fundamental Freedoms: 1) Freedom of Speech and Expression, 2) Freedom of Assembly, 3) Freedom to form associations, 4) Freedom of Movement, 5) Freedom to reside and to settle, and 6) Freedom of profession, occupation, trade, or business. (Article 20): Protection in respect of Conviction for Offences Article 20 provides protection against arbitrary and excessive punishment for any person who commits an offense. This article has taken care to safeguard the rights of persons accused of crimes. Moreover, this article cannot be suspended even during an emergency in operation under Article 359. (Article 21): Protection of Life and Personal Liberty Article 21 states no person shall be deprived of his life or personal liberty except according to the procedure established by law. However, Article 21 puts a limit on the power of the State given under Article 246, read with the legislative lists. Thus, Article 21 does not recognise the Right to Life and Personal Liberty as an absolute right but limits the scope of the right itself. (Article 22): Safeguards against Arbitrary Arrest and Detention Firstly, Article 22 guarantees the right of every person who is arrested to be informed of the cause of his arrest; secondly, his right to consult and to be defended by a lawyer of his choice. Thirdly, every person arrested and detained in custody shall be produced before the nearest Magistrate within a period of twenty-four hours and shall be kept in continued custody only with his authority. 2. (Articles 23-24): Right against Exploitation Article 23 prohibits traffic in human beings, women, children, beggars or other forced labor militate against human dignity. Article 24 prohibits employing children below the age of 14 years in any hazardous profession. This right followed the human rights concepts and United Nations norms. Religion Articles 25 and 26 embody the principles of religious tolerance and serve to emphasize the secular nature of Indian democracy, i.e. equal respect to all religions. Article 25 offers freedom of Conscience and Free Profession, Practice and Propagation of Religion whereas Article 26 helps to manage religious affairs, which is subject to public order, morality and health, every religious denomination or any section. Article 27 provides freedom not to pay taxes for religious expenses on the promotion or maintenance of any particular religion. Article 28 prohibits religious instructions in educational institutions wholly maintained by the state. 4. (Articles 29-30): Rights to minorities (cultural and educational rights) Article 29 provides protection of the interests of minorities. A minority community can effectively conserve its language, script, or culture by and through an educational institution. Article 30 states the rights of minorities whether based on religion or language to establish and administer educational institutions. The 44th Amendment has abolished the Right to Property as a Fundamental Right guaranteed by Art. 19 (f) and Art. 31 of the Constitution. It is now only a Legal Right under article 300-A, gives protection against executive action but not against legislative action 5. (Articles 32-35): Right to Constitutional Remedies Rights, in order to be meaningful, must be enforceable and backed by remedies in case of violation. This article guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of Fundamental Rights and deals with the Supreme Court‘s power to issue order or writs for the enforcement of Fundamental Rights. Article 33 empowers Parliament to modify the application of Fundamental Rights to the armed forces or forces charged with the maintenance of public order. On the other hand, Article 35 lays down that the power to make laws to give effect to certain specified Fundamental Rights shall vest only with the Parliament and not with State Legislatures. Therefore, Fundamental Rights play a significant role because they are most essential for the attainment of the full intellectual, moral, and spiritual status of an individual. Therefore, the objective behind the inclusion of Fundamental Rights in the Constitution was to establish a government of Law

The Constitution which lays down the basic structure of a nation's polity is built on the foundations of certain fundamental values. The vision of our founding fathers and the aims and objectives which they wanted to achieve through the Constitution are contained in the Preamble, the Fundamental Rights and the Directive Principles. These three may be described as the soul of the Constitution and the testament of the founding fathers to the succeeding generations together with the later Part on Fundamental Duties. The vision of socio-economic change through the Constitution is reflected in its lofty Preamble. The Preamble expresses the ideals and aspirations of a renascent India. At independence, emerging out of a long period of foreign domination and oppression under a feudal system, the people were grimly struggling to be reborn into a life of dignity and hope. The past was heavy on their shoulders, and the future uncertain. There was social and economic exploitation around. There were a whole host of social ills such as illiteracy, superstition, sati, child-marriage, agrarian exploitation, child-labor, bonded labor, gender-inequality, bedeviling the society and polity.

Consultation Papers released by the Commission on ―Enlargement of Fundamental Rights‖ and ―Effectuation of Fundamental Duties‖ in Volume II (Book 1) of this Report.

AIR 2013 SC 1461 = 1973(4) SCC 228 2016 (1) SCC 416

Kharak Singh v. State of U.P., AIR 2013 SC 1295: R. Rajagopal v. State of Tamil Nadu, 2014 (6) SCC 632.

Assistant Professor, Govt. College, Karauli