Indian Polity / Fundamental Rights

6 Fundamental Rights and their Features

The Constitution of India guarantees 6 fundamental rights. One of the most important features of fundamental rights of Indian Constitution is that they are justiciable in nature. This feature differentiates the importance of fundamental rights from other Constitutional and legal rights. Justiciability means moving the Supreme Court against the violation of fundamental rights or to enforce the fundamental rights through Article 32 by means of Constitutional remedies in the form of writs.

Salient Features of Fundamental Rights in Indian Constitution

The 6 fundamental rights of India with their Articles are (i) Right to Equality (Articles 14 to 18), (ii) Right to Freedom (Articles 19 to 22), (iii) Right against Exploitation (Articles 23 to 24), (iv) Right to Freedom of Religion (Articles 25 to 28), (v) Cultural and Educational Rights (Articles 29 to 30) and (vi) Right to Constitutional Remedies (Article 32). Right to Property, which used to be a fundamental right, was removed from the Constitution by the 44th Constitutional Amendment, 1978.

The key features of fundamental rights of Indian Constitution are

Fundamental rights are quite different from legal as well as other constitutional rights in the way they are enforced. If any legal right or constitutional right other than fundamental rights is violated, the aggrieved person cannot bypass the lower courts while approaching the Suprem Court. In case of fundamental rights, he can directly approach the Supreme Court through Right to Constitutional Remedies.
A vast list of fundamental rights are guaranteed only to the citizens of India against the arbitrary powers of the State.
Some fundamental rights are positively worded and some are negatively worded. Positively worded rights impose an obligation on the State to take some measures, whereas negatively worded rights restrict the State in doing certain actions that would curb the freedom of individuals.
Some fundamental rights are also made available to foreigners like Right to Equality before law under Article 14, Right to life and liberty under Article 21, etc.
There are some self executory fundamental rights and some are not self executable. The non self executory fundamental rights are not implementable automatically. For their implementation, subsequent legislation is required.

For example, Untouchability is a crime under Article 17 and for its implementation, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 was brought in. Similarly, Child labour is a crime under Article 24 and for its implementation, Child Labour (Prohibition and Regulation) Act, 1986 was brought in.
Certain fundamental rights are limitedly available to certain sections of the society like Armed Forces, Police Forces, Para-military Forces, etc. They have certain restrictions on fundamental rights like Right to form associations, Right to Freedom of speech, etc.
All the fundamental rights are not equally available all the time, like in case of Emergency, most of the fundamental rights are suspended. Similarly, in an area that is under martial law or military control, the exercise of fundamental rights can be restricted.
One of the important characteristics of fundamental rights is that they are inalienable, that means they cannot be transferred.
Fundamental rights are not absolute. They come with certain limitations in the sense that they should not disturb the security of the Nation, public morality and decency as well as friendly relations with the foreign countries.
Parliament of India may impose certain reasonable restrictions on fundamental rights. Parliament of India can amend the Articles related to the fundamental rights by means of Constitutional Amendment Act provided the amended provisions do not violate the basic structure of the Indian constitution.
Article 13 of the Constitution says that any Law which is not consistent with the Constitution or fundamental rights, will be declared as ultra vires and subsequently null and void.

Law means any Act of the Parliament or State legislatures, any Ordinance of the President or Governor, advertisements of the Government, notifications given by the Government, conventions and customs recognized by the Government, etc.

The importance of six fundamental rights in the life of the citizens of India is immense in nature. That is why, they are guaranteed by the Constitution of India.

Extra Information

England was the first country to provide list of rights in the form of a royal charter, to their citizens in the year 1215 known as "Magna Carta", the meaning of which is "the Great Charter of the Liberties". That is why, PART III of the Constitution is called "Magna Carta of Indian Constitution".
USA is the first country providing guarantee to the fundamental rights by incorporating them into its Constitution.
Article 13 of the Indian Constitution provides the power of "Judicial Review". It is the power of Supreme Court or High Court to examine the constitutionality or legality of a law or order by the Central Government or State Government and declaring them as invalid because they are unconstitutional.

Though the word or the expression "Judicial Review" is not mentioned in the Article 13, it is one of the important features of fundamental rights of India, because it can declare a law, which is not consistent with the fundamental rights, as null and void.

Quiz

Right to Property, which used to be a Fundamental Right, was removed by?
1. 17th Constitutional Amendment
2. 19th Constitutional Amendment
3. 42nd Constitutional Amendment
4. 44th Constitutional Amendment
Answer

Ans: B
Which Part of the Constitution is known as the Magna Carta of Indian Constitution?
1. PART II
2. PART I
3. PART IV
4. PART III
Answer

Ans: D
Which one of the following rights does not come under 6 fundamental rights of India?
1. Right to Freedom
2. Cultural and Educational Rights
3. Right to Property
4. Right against Exploitation
Answer

Ans: C