India is a democracy and provides several protections to its citizens through the constitution. These Fundamental Rights, which are found in the Part III of Indian Constitution, are considered to be the foundation of Indian democracy. The rights are able to guarantee the individual freedoms of all citizens and create a society that is fair, just and free.
Fundamental rights: What they are and what they do
- The courts can enforce them, so individuals who violate these laws have recourse to the justice system.
- These aren’t absolutes and can be subjected to reasonable limitations in the interests of order, morality and security.
- Citizens and non-citizens living in India can avail of these services.
- These are legal, which means they can be enforced or protected via the law.
Fundamental Rights: Examples
Some of the fundamental rights guaranteed by the Indian Constitution are:
- Right to Equality
- Right to Freedom
- Right against Exploitation
- Religious Freedom
- Cultural and Educational Rights
What is the role of the judiciary?
In India, the judiciary is crucial in protecting and defending Fundamental Rights. Supreme Courts and High Courts are empowered to interpret and invalidate laws and actions which violate Fundamental Rights. Public Interest Litigations, or PILs (Public Interest Litigations), and writ requests are two ways citizens can pursue legal remedies for violations of Fundamental Rights.
Controversies and challenges
Fundamental Rights, while essential to a democracy, have sometimes been questioned in their application. There are a number of common problems.
- Conflicts between the rights of individuals and those of the community
- The violation of rights for national security
- Unconsciousness of Fundamental Rights in the General Population
FAQs
1. What is the Fundamental Rights?
In India, the Constitution provides basic rights to every citizen. The Fundamental Rights protect individual liberties, freedoms, and against all forms of discrimination and exploitation.
2. Fundamental Rights – Are they absolute?
Fundamental Rights cannot be absolute. They can, however, be limited in the interests of order, morality or security.
3. Non-citizens can avail Fundamental Rights in India
Fundamental Rights apply to all Indian citizens and non-citizens.
4. How do you enforce your Fundamental Rights?
In the event of a violation, you can seek legal relief to enforce and protect your fundamental rights.
5. What is the role played by the judiciary to protect Fundamental Rights?
The judiciary is empowered to interpret the Constitution, and can invalidate laws or acts that are in conflict with Fundamental Rights. The judiciary plays an important role in defending these rights.
6. What are the common obstacles to the realization of fundamental rights?
Among the most common problems are conflicts between rights of individuals and those of the community, violations of rights for national security and a lack of public awareness.
7. Can Fundamental Rights Be Modified?
Fundamental Rights are amendable through constitutional amendment. Certain rights are considered to be essential, and they cannot be taken away or diminished.
8. What has been the evolution of Fundamental Rights in India over the years?
As time has passed, various constitutional amendments and judicial pronouncements have expanded the interpretation and scope of Fundamental Rights. It is important to protect individual freedoms and liberties.
9. Can Fundamental Rights Be Suspended in Times of Emergency?
In an emergency state, certain Fundamental Rights may be suspended or restricted. However, even in an emergency the right to live and have personal freedom cannot be suspended.
10. What are the differences between Fundamental Rights and Directive Principles of State Policy
Directive Principles of State Policy are guidelines that the government can use to develop policies and laws. Fundamental Rights, on the other hand, must be protected immediately and in court. Directive Principles do not have a legal status and cannot be enforced. Fundamental Rights, however, must be respected immediately.
