Quick Summary
Table of Contents
The Indian constitutional framework governing fundamental rights of the Indian constitution has experienced transformative interpretations and legislative enhancements over the past few decades. The most notable is the 103rd Constitutional Amendment Act, 2019, which introduced 10% reservation for Economically Weaker Sections (EWS) in higher education and public employment. This amendment added clauses to Articles 15 and 16, representing a significant shift in affirmative action policy by recognizing economic criteria alongside social and educational backwardness. In 2022, the Supreme Court upheld this amendment, marking a pivotal moment in India’s pursuit of social justice.
Further, the landmark Puttaswamy judgment (2017) recognized the right to privacy as a fundamental right under Article 21 of the Indian Constitution, widening the scope of individual liberty in India. This decision laid the groundwork for robust data protection laws and reshaped the legal landscape concerning digital rights, surveillance, and informational autonomy.
Another significant development is the Supreme Court’s 2022 suspension of the sedition law (Section 124A of the IPC), which raised serious concerns about the misuse of colonial-era laws to suppress dissent. This move signaled a re-evaluation of laws incompatible with the democratic ethos embedded in the fundamental rights of the Indian Constitution, particularly the freedom of speech under Article 19.
The right to safe abortion was also broadened in 2022 when the Supreme Court ruled that unmarried women are equally entitled to abortion up to 24 weeks, placing reproductive autonomy within the ambit of Article 21 of the Indian Constitution. These judicial pronouncements and new legislative enactments like the Digital Personal Data Protection Act, 2023, show a trend towards recognizing and protecting a wider range of fundamental rights in response to evolving societal needs and technological advancements.
Enshrined in Part III (Articles 12 to 35) of the Constitution of India, these fundamental rights provide the bedrock for the functioning of India’s democratic framework. They are categorized as justiciable rights, meaning individuals can approach the courts for their enforcement in case of any violation.
The fundamental rights of the Indian Constitution are the essential rights guaranteed by the Constitution of India to ensure all individuals’ dignity, liberty, and equality
Fundamental rights serve multiple purposes. They primarily limit the state’s power, preventing it from enacting or implementing arbitrary laws or policies that infringe upon individual freedoms. They also function as empowerment tools, enabling individuals to lead lives of dignity and self-respect. This dual role of protecting individuals from state excesses while promoting human development underscores their centrality in constitutional governance.
The Constitution of India initially provided seven fundamental rights, but the property right was removed in 1978 through the 44th Amendment. Currently, the six fundamental rights of Indian Constitution are recognized as the 6 fundamental rights of India:
Among these, Article 21 of the Indian Constitution and Article 19 are two of the most invoked and interpreted rights, expanding the scope of fundamental rights. These 6 fundamental rights of India form the core of individual freedoms and are essential in upholding democratic values. Understanding the fundamental rights and duties of Indian Constitution is crucial for every citizen.
The fundamental rights of the Indian constitution derive their name from their foundational role in a democratic society and constitutional governance. They are intrinsic to the idea of a free and equal society and essential for the holistic development of individuals. These rights are not merely abstract ideals but enforceable entitlements guaranteed by the Constitution of India. Their fundamental character lies in being inalienable, universally applicable, and central to human dignity and autonomy.
The framers of the Constitution of India envisioned a legal and moral order grounded in liberty, justice, and equality. Incorporating these fundamental rights into Part III of the Constitution of India ensured that individual freedoms would be protected from state and private encroachments. Fundamental rights impose a duty on the state to respect, protect, and fulfill these rights. In doing so, they are a bulwark against authoritarianism and safeguard democratic processes.
What makes them ‘fundamental’ is also their legal sanctity and supremacy. Any law, action, or policy contravening a fundamental right can be struck down by courts as unconstitutional. This judicial oversight ensures that fundamental rights are not mere declarations but living guarantees. The right to constitutional remedies (Article 32) further underscores their fundamental nature by empowering individuals to approach the Supreme Court for their enforcement directly.
These rights also reflect India’s commitment to international human rights standards. Many of them echo the principles of the Universal Declaration of Human Rights (UDHR), aligning India’s legal framework with global norms. Thus, the fundamental nature of these rights is affirmed not only by their constitutional placement but also by their alignment with universal human values.
In essence, fundamental rights are called ‘fundamental’ because they are foundational to the legal, political, and social fabric of the Constitution of India. They ensure that every citizen, regardless of background, has access to the freedoms necessary for personal and collective progress. They form the core of India’s constitutional democracy and are vital to realizing justice, liberty, and equality. These rights also complement the fundamental rights and duties of Indian Constitution, creating a balanced civic structure.
The features of the Indian Constitution’s fundamental rights underscore their indispensable nature in shaping democratic governance. These rights are grounded in the Constitution of India and override all ordinary laws due to their constitutional supremacy.
Fundamental rights exhibit several features that highlight their foundational role in the Constitution of India. Enshrined in Part III, they carry the highest legal authority and are crucial for preserving civil liberties.
Justiciability ensures that citizens can approach the courts when their rights are violated. Fundamental rights, particularly those in Article 19 and Article 21, have been central to numerous landmark judgments. These provisions represent the living spirit of the six fundamental rights of the Indian Constitution.
Though not absolute, the Constitution of India allows reasonable restrictions on fundamental rights to ensure social harmony and collective security. Article 19 is a prime example of balancing individual freedoms with societal needs.
These rights primarily protect individuals from state overreach. However, certain provisions, such as those under Articles 15(2) and 17, ensure protection from private discrimination, reinforcing the right to equality.
The universality of fundamental rights, regardless of nationality in certain cases, affirms India’s commitment to global human rights values. Meanwhile, rights like Article 19 and the right to equality are reserved specifically for citizens, reinforcing civic responsibility.
Certain rights like Article 20 and Article 21 of the Indian Constitution cannot be suspended, even during emergencies, reflecting their inviolable status. The judiciary has consistently expanded the scope of fundamental rights through a liberal and progressive lens.
Thus, the six fundamental rights of the Indian Constitution, rooted in justice, liberty, and dignity, are not static. Their adaptability ensures that the Constitution of India remains responsive to society’s evolving aspirations.
This right ensures equal treatment before the law and prohibits discrimination based on religion, race, caste, sex, or place of birth. Article 14 guarantees legal equality, while Article 15 forbids discriminatory practices. Article 16 provides equal opportunity in public employment, subject to reservations for backward classes. Article 17 abolishes untouchability, and Article 18 eliminates hereditary titles. These provisions collectively form the cornerstone of India’s egalitarian constitutional ethos.
Article 19 grants six freedoms to citizens: speech and expression, assembly, association, movement, residence, and profession. These freedoms are subject to reasonable restrictions for maintaining public order, sovereignty, and morality. Article 20 provides protection in convictions, including safeguards against ex post facto laws and double jeopardy. Article 21 enshrines the right to life and personal liberty, extensively interpreted to include health, privacy, and education. Article 21A mandates free and compulsory education for children aged 6–14. Article 22 outlines protections against arbitrary arrest and preventive detention.
Article 23 prohibits human trafficking, forced labor, and begar (bonded labor), while Article 24 bans child labor in hazardous environments. These rights aim to uphold human dignity and economic freedom. Legislation such as the Bonded Labour Abolition Act and the Child Labour Prohibition Act operationalizes these provisions.
These articles guarantee freedom of conscience and the right to profess, practice, and propagate religion. Article 26 allows religious denominations to manage their affairs. Article 27 prohibits compulsory taxation for religious promotion, and Article 28 deals with religious instruction in state-funded educational institutions. These rights ensure individual and institutional religious autonomy within a secular state framework.
These protect minorities’ rights to conserve culture and run educational institutions. Article 30 allows minority institutions to retain autonomy, a principle reaffirmed in numerous educational policy cases. Article 29 protects minorities’ interests in preserving their language and culture, while Article 30 grants them the right to establish and manage educational institutions. These rights foster pluralism and prevent cultural assimilation.
This empowers individuals to approach the Supreme Court directly to enforce their fundamental rights. It forms the cornerstone of judicial review and has been instrumental in advancing public interest litigation. Described as the ‘heart and soul’ of the Constitution by Dr. B.R. Ambedkar, this article empowers individuals to approach the Supreme Court to enforce fundamental rights. It ensures judicial protection against any infringement of these rights.
The fundamental rights of the Indian Constitution play a critical role in securing the dignity and liberty of every citizen. These rights are not just legal provisions but are central to the constitutional ethos of India.
The six fundamental rights of the Indian Constitution form the core of civil liberties, ensuring that every individual is empowered and protected against the excesses of power.
Fundamental Rights are pivotal in:
The six fundamental rights of the Indian Constitution are pivotal to India’s constitutional democracy. They embody the spirit of the Preamble and are deeply embedded in the structure of the Constitution of India. These fundamental rights protect individuals from arbitrary state actions and promote affirmative action for the welfare of disadvantaged groups.
Fundamental rights ensure civil liberties such as freedom of speech under Article 19, freedom of religion, and freedom of association, empowering citizens to participate actively in democratic processes. Economic and cultural rights promote social justice and protect India’s pluralistic identity. The judiciary has consistently liberally interpreted these rights, especially Article 21 of the Indian Constitution, which now includes digital privacy, clean environment, and reproductive autonomy.
Moreover, these rights are essential to upholding the rule of law and providing mechanisms for holding the government accountable. The right to constitutional remedies under Article 32 ensures that these fundamental rights are enforceable, thus giving them substantive value. This interrelation also emphasizes the significance of the fundamental rights and duties of the Indian Constitution in ensuring responsible citizenship.
In essence, the fundamental rights of the Indian Constitution transform the legal framework into a dynamic charter of human dignity and democracy. Their broad scope and enforceability make them indispensable to the vision of the Constitution of India.
The amendment of fundamental rights in the Constitution of India represents a dynamic interaction between legal continuity and progressive reform. The six fundamental rights of the Indian Constitution are subject to reasonable evolution but not to arbitrary erosion. Article 368 of the Constitution outlines the procedure for amendments, which includes provisions relating to fundamental rights.
The Supreme Court’s judgment in Kesavananda Bharati v. State of Kerala (1973) introduced the Basic Structure Doctrine. According to this landmark ruling, while Parliament can amend any part of the Constitution of India, it cannot alter the basic structure, which includes the fundamental rights of the Indian Constitution, such as Article 21 and the right to equality.
Several amendments have reshaped the application of fundamental rights. The First Amendment imposed reasonable restrictions on Article 19. The 42nd Amendment attempted to subordinate fundamental rights to Directive Principles, but the judiciary in Minerva Mills v. Union of India (1980) protected the sanctity of the six fundamental rights of India. The 44th Amendment removed the right to property as a fundamental right.
The 103rd Constitutional Amendment introduced economic reservation, reinforcing the adaptive nature of the Indian Constitution’s fundamental rights and duties. The Supreme Court’s 2022 ruling upheld this amendment, confirming that socio-economic realities can guide the interpretation of fundamental rights.
Thus, while the fundamental rights of Indian constitution can be refined through amendments, their essence, particularly that of Article 21 of the Indian constitution, must remain intact to preserve the Constitution’s foundational ideals.
The doctrine of severability ensures that only the unconstitutional portion of a statute is struck down, preserving the rest. This judicial principle is grounded in Article 13(1) of the Constitution of India, which declares that any law inconsistent with fundamental rights is void “to the extent of such inconsistency.”
Severability is vital to uphold the integrity of the Constitution of India without dismantling entire legal frameworks. It allows courts to save laws that are mostly consistent with the six fundamental rights of the Indian Constitution, particularly Article 19 and Article 21 of the Indian Constitution.
A prominent example is A.K. Gopalan v. State of Madras (1950), where certain provisions were struck down while the remaining law stood, similarly, in R.M.D. Chamarbaugwalla v. Union of India (1957), the Supreme Court preserved laws where constitutional and unconstitutional elements were separable.
The doctrine of severability affirms the constitutional mandate to protect fundamental rights. It ensures that judicial review is targeted, proportional, and respectful of legislative intent. The ability to preserve valid law while removing only the conflicting part serves the long-term purpose of upholding the fundamental rights of the Indian Constitution.
In conclusion, the application of severability is a testament to the adaptability and resilience of the Constitution of India. It ensures that the fundamental rights and duties of the Indian Constitution remain robust and relevant, even in the face of complex legislative challenges.
The doctrine of eclipse pertains to the constitutional validity of laws that conflict with the fundamental rights of the Indian Constitution. It holds particular relevance for pre-constitutional laws, i.e., laws enacted before the Constitution of India came into force on January 26, 1950.
According to this doctrine, if a pre-constitutional law is inconsistent with a fundamental right, such as those outlined in Article 19 or Article 21 of the Indian constitution, it is not null and void from inception but becomes dormant or “eclipsed.” This eclipse renders the law inoperative only to the extent of its conflict with the six fundamental rights of the Indian Constitution. However, if the inconsistency is later removed, either by constitutional amendment or reinterpretation, the eclipsed law can be revived.
A leading case that illustrates this principle is Bhikaji Narain Dhakras v. State of Madhya Pradesh (1955). In this case, a provincial motor vehicle law conflicted with Article 19(1)(g) of the Constitution of India. After Article 19(6) was amended to permit state monopolies, the previously invalidated law regained its validity.
This doctrine is applicable only to pre-constitutional laws. Post-constitutional laws that violate the fundamental rights of Indian Constitution are considered void ab initio and cannot be revived. The eclipse doctrine provides a pragmatic approach to uphold constitutional supremacy while preserving legislative continuity. It ensures that beneficial yet outdated laws can be reactivated, provided they do not violate the current framework of the six fundamental rights of Indian Constitution.
Fundamental Rights and Fundamental Duties are complementary concepts, each essential to the functioning of a democratic society. While rights empower individuals, duties remind them of their responsibilities toward the nation and fellow citizens. Fundamental Rights, enshrined in Part III of the Constitution, are enforceable by courts. They protect individual freedoms and limit state power. These include rights to equality, freedom, life, and education. Violations can be challenged through writ petitions under Article 32 or 226.
In contrast, Fundamental Duties, listed in Article 51A under Part IVA, are non-justiciable. Introduced by the 42nd Amendment in 1976, these duties urge citizens to respect the Constitution, uphold sovereignty, protect the environment, and promote harmony. While they lack direct legal enforceability, they serve as moral obligations and guide legislative intent.
Key differences include:
Despite their differences, rights and duties are interdependent. Enjoyment of rights is sustainable only when citizens fulfill their duties. For instance, the right to a clean environment is bolstered by the duty to protect nature. Together, they foster a balanced civic ethos.
Fundamental rights form the cornerstone of India’s constitutional democracy. They encapsulate the ideals of justice, liberty, equality, and fraternity, translating the Preamble’s vision into enforceable entitlements. Over the decades, these rights have evolved through judicial interpretation and legislative amendment, adapting to new societal challenges, technology, and governance.
The judiciary’s proactive role has been pivotal in expanding the ambit of fundamental rights, ensuring their relevance in contemporary contexts. Whether it is the right to privacy, reproductive autonomy, or environmental protection, the courts have reinforced that rights are dynamic and living constructs.
At the same time, doctrines like severability and eclipse exemplify the nuanced mechanisms for balancing legal continuity with constitutional supremacy. The distinction and interplay between rights and duties emphasize citizens’ dual roles as beneficiaries and contributors to democratic governance.
In conclusion, fundamental rights are not merely legal provisions but the moral compass of the Indian Republic. They safeguard individual autonomy while promoting collective well-being. Their protection, evolution, and responsible exercise are crucial for nurturing a just, inclusive, progressive society. As India grows and diversifies, these rights will remain vital in guiding its democratic journey.
The 6 fundamental rights include the right to equality, freedom, protection from exploitation, religious freedom, cultural and educational rights, and the right to constitutional remedies.
Article 21 ensures the protection of life and personal liberty, including the right to privacy, clean environment, and livelihood.
It refers to the principle that pre-constitutional laws inconsistent with fundamental rights are not void but temporarily inoperative.
Rights are legally enforceable freedoms, while duties are moral obligations expected from every citizen.
Yes, but only if the amendment does not destroy the basic structure of the Constitution, as held in the Kesavananda Bharati case.
They uphold individual freedom, safeguard democracy, and ensure equality and justice for all citizens.
It protects key freedoms like speech, assembly, movement, and profession, which are crucial in a democracy.
Authored by, Amay Mathur | Senior Editor
Amay Mathur is a business news reporter at Chegg.com. He previously worked for PCMag, Business Insider, The Messenger, and ZDNET as a reporter and copyeditor. His areas of coverage encompass tech, business, strategy, finance, and even space. He is a Columbia University graduate.
Editor's Recommendations
Chegg India does not ask for money to offer any opportunity with the company. We request you to be vigilant before sharing your personal and financial information with any third party. Beware of fraudulent activities claiming affiliation with our company and promising monetary rewards or benefits. Chegg India shall not be responsible for any losses resulting from such activities.
Chegg India does not ask for money to offer any opportunity with the company. We request you to be vigilant before sharing your personal and financial information with any third party. Beware of fraudulent activities claiming affiliation with our company and promising monetary rewards or benefits. Chegg India shall not be responsible for any losses resulting from such activities.
