Rights in the Indian Constitution

• Introduction to Rights

  • What is a Right?
    • Claims of a person recognized by society and sanctioned by law
    • Essential for well-being, dignity, and democracy
  • Why do we need Rights in a Democracy?
    • Protect minorities from majority oppression
    • Ensure basic conditions for human development
    • Limit government power

• Fundamental Rights in the Indian Constitution

  • Overview
    • Borrowed from the Constitution of the USA
    • Enshrined in Part III (Articles 12-35)
    • Called the Magna Carta of the Indian Constitution
    • Justiciable (enforceable through courts)
  • 1. Right to Equality (Articles 14-18)
    • Equality before law and equal protection of laws
    • Prohibition of discrimination (religion, race, caste, sex, place of birth)
    • Equality of opportunity in public employment
    • Abolition of Untouchability (Art. 17)
    • Abolition of Titles (except military and academic)
  • 2. Right to Freedom (Articles 19-22)
    • Six fundamental freedoms (speech, assembly, association, movement, residence, profession)
    • Protection in respect of conviction for offenses
    • Protection of Life and Personal Liberty (Article 21)
    • Right to Education (Article 21A) - free and compulsory for ages 6-14
    • Protection against arbitrary arrest and detention (Preventive Detention)
  • 3. Right against Exploitation (Articles 23-24)
    • Prohibition of traffic in human beings and forced labor (Begar)
    • Prohibition of child labor in hazardous industries (below age 14)
  • 4. Right to Freedom of Religion (Articles 25-28)
    • Freedom of conscience and free profession, practice, and propagation of religion
    • Freedom to manage religious affairs
    • Freedom from taxation for promotion of any specific religion
    • Freedom from religious instruction in state-funded educational institutions
  • 5. Cultural and Educational Rights (Articles 29-30)
    • Protection of language, script, and culture of minorities
    • Right of minorities to establish and administer educational institutions
  • 6. Right to Constitutional Remedies (Article 32)
    • Heart and soul of the Constitution (Dr. B.R. Ambedkar)
    • Empowers citizens to move the Supreme Court/High Courts for enforcement
    • Five Types of Writs:
      • Habeas Corpus: Protects against illegal detention
      • Mandamus: Directs a public official to perform their duty
      • Quo Warranto: Prevents illegal usurpation of a public office
      • Certiorari: Transfers a case from a lower court to a higher court
      • Prohibition: Prevents a lower court from exceeding its jurisdiction

• Directive Principles of State Policy (DPSP)

  • Overview
    • Contained in Part IV (Articles 36-51)
    • Borrowed from the Constitution of Ireland
    • Non-justiciable (cannot be enforced by courts)
  • Three Main Categories
    • Social and Economic Welfare goals
    • Gandhian principles (e.g., village panchayats, prohibition)
    • International peace and security
  • Difference from Fundamental Rights
    • FRs limit government power; DPSPs urge government action
    • FRs are justiciable; DPSPs are non-justiciable

• Relationship Between Fundamental Rights and DPSPs

  • Complementary to each other (One is legal, the other moral/social)
  • Conflicts in the past (e.g., Property Rights vs. Land Reforms)
  • Current status: Harmony maintained; basic structure doctrine applies

• National Human Rights Commission (NHRC)

  • Established in 1993
  • Protects human rights, especially of the marginalized and vulnerable
  • Investigates human rights violations, visits jails, recommends compensation