Fundamental rights, are the rights conferred by the Part III of the Indian
Constitution from Article 12 to 35. Fundamental Rights, as the name suggests
these are one of the most important sources for the protection and maintenance
of human dignity and integrity, which also contributes towards the development
of the society as a whole.
These are provided the status of being fundamental or elementary because of its
absolute and restrictive nature, in other words, these rights are designed in
such a manner that they cannot be amended, violated or interfered by any
oppressive government or person, and as these are the guaranteed rights, any
person can approach the Supreme court for the administration or enforcement of
the rights that are violated or tampered by the other.
The Fundamental rights are well-established with a two-point system, the first
point provides that, these justiciable rights of the people that are imposed by
the court processes against the oppressive actions of the government. From the
Second point of view, these rights are controlled with certain restrictions and
limitations on actions of the government. Where accordingly, the government
cannot take any measures may it be administrative or legislative in nature, as a
result of which these rights are violated.
Classification of Fundamental Rights;
Right to property was also considered as a fundamental right earlier, but later
on it was removed from the list of these rights, was bought Article 300 - A and
currently there are 6 rights that are considered as basic, are as follows;
- Right to Equality (Article 14 to 18)
- Right to Freedom (Article 19 to 22)
- Right against Exploitation (Article 23 and 24)
- Right to Freedom of religion (Article 25 to 28)
- Cultural and Educational Right (Article 29 and 30)
- Right to Constitutional Remedy (32)
Significance of Fundamental Rights;
Fundamental rights are basically known as the basic human rights but these are
regulated by the Constitution in India, and declared as special rights for the
people. With these rights being cohesive in a society, the citizens are able to
comprehend the importance of all the members of the society, co-operate and
adjust themselves accordingly, hence, maintaining cordial relationships with one
another. The Constitution also provides for enforcement of these rights hence,
they not only have a legal value but also an educational value, assisted by the
citizens to protect, respect, accept and fulfil the rule of law. They also
uphold the equality and dignity of the individuals, keeping in mind the unity
and integrity of the nation.
These not only ensure and guarantee the basic civil, political, social, economic
rights and freedoms, but they also fulfil the important functions of
safeguarding the minority communities, castes, classes and religious groups and
removing the notion of discrimination of all kinds and ensuring equality amongst
all. These rights are a part of the basic structure of the constitution and so
they cannot be contravened, abridged or interfered by any constitutional laws,
provisions or amendments, if this happens then that particular law will be
declared as unconstitutional and void for being against the norms of the
constitution.
Fundamental Rights are the individual rights or the basic rights, without which
the modern constitutional democracy is meaningless, and so they entrenched with
the understanding that these cannot be infringed or taken away by any ordinary
law or provision. Not only for the advancement of the people and expansion of
the societies, but these basic rights are also needed for protecting the people
from violations or excesses of the state, as the state is considered to be a
biggest violator of human rights.
Fundamental rights are always planned to protect and ensure not only the dignity
of the individual but also, create some situations that can help every human
being to develop their character to its comprehensive extent. Despite they
enforce an undesirable duty on the state, that is, of not encroaching on
individual liberty in its various dimensions, it forms the base or root for the
very concept of Human rights. They are most indispensable for any accomplishment
by the individual for his exhaustive intellectual, moral and spiritual status.
The main aim for inclusion of the fundamental rights in the Indian constitution
was to institute a government of laws and not of man, where under the rule of
man the society would be unsystematic and unrestrained, but with the rule of law
the peace and harmony will be maintained in the society, hence, assuring Justice
and Equality. Fundamental Rights not only safeguard freedom but also guarantee
the right to live a dignified life and personal liberty of the citizens against
any incursion by the state, and henceforth, these liberties will play a crucial
role in preventing or foiling the establishment of an authoritarian and
undemocratic rule in the country and so, are are very essential for assuring an
all-around burgeoning of individuals and the country.
Conclusion;
We can conclude by stating that, these are the basic human rights which are very
crucial for not only the human existence but also human development. Fundamental
Rights are widespread, which means they are pragmatic to all the citizens of
India equally, that is irrespective of their race, birthplace, religion, caste,
sex, culture, position and identity.
These rights aim to make a man's life worth living, and also ensure that not
only the people of rich classes, castes and communities but even the minorities
and backward classes and castes live their lives with dignity, equality and
freedoms of all kinds. They are one of the most essential and basic needs for
the human existence which are helpful and crucial for their survival and
advancement in complex and difficult situations and with passage of time, these
rights will help people to analyze the complex situations and take decisions as
per their aspirations and comforts.
Written By: Manav Puri
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