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"Fundamental Rights" - Introduction

Amith

 Fundamental Rights

✅ Definition of Fundamental Rights:

Fundamental Rights are the basic rights guaranteed by the Constitution of India to every person, so they can live with freedom, dignity, and equality.
If anyone — even the government — tries to take away these rights, you can go to court to protect them.

🔍 Example 1:

Imagine this:

Asmitha, a student, writes on social media that her village needs better roads and water. A local officer doesn’t like it and tries to arrest her just for speaking the truth.

🎯 But Asmitha is protected by Fundamental Rights.

She has the right to express her opinion freely, and if anyone tries to stop her without a valid reason,
👉 she can go to the court, and the judge can protect her.

🔍 Example 2:

Imagine this:

Ravi, a college student, is denied entry into a public library just because he belongs to a lower caste.

The librarian says, “People like you are not allowed here.”

🎯 But Ravi is protected by Fundamental Rights.

He has the right to be treated equally, no matter his caste or background.
👉 He can go to court, and the judge can order strict action because this is a violation of his dignity and equality.

📘 Fundamental Rights in Indian Constitution

  • Found in Part III – Article 12 to 35.

  • They are the foundation of political democracy in India.

  • These rights prevent authoritarian rule and protect citizens from the misuse of power by the State.

❓ Why are they called Fundamental Rights?

  1. ✅ Supreme Law: They are part of the Constitution, which is the highest law of the land.

  2. ✅ Essential for Development: These rights help in complete development of a person — mental, moral, physical, and spiritual.

📑 Fundamental Rights Are Not Absolute – They Are Qualified

This means:

You have rights, but they come with reasonable restrictions to protect public safety, morality, national security, etc.

🛑 Example of restriction:

You can speak freely (Article 19),
✅ but you can't spread hate speech or say something that threatens national security.

⚖️ Judicial Review & Fundamental Rights

  • If your rights are violated, you can go to court.

  • Courts check if the law or action is "reasonable" or not.

  • If it violates the Constitution, the courts can cancel that law.

🔎 Famous Origin:

  • Judicial Review was first discussed in Bonham’s Case (England).

  • In India, it is part of the Rule of Law.

⚖️ Fundamental Rights vs Legal Rights

Aspect Fundamental Rights Legal Rights
Source Constitution Ordinary Laws
Protection Supreme Court via writs Lower courts (through normal legal process)
Change Only by Constitutional Amendment Can be changed by ordinary law
Example Right to Equality Right to vote in panchayat

📜 Historical Background of Fundamental Rights in India

📌 Indian Sources:

  • 1931 Karachi Session – Pt. Nehru passed a resolution demanding Fundamental Civil & Economic Rights.

  • Freedom Struggle: Events like Jallianwala Bagh, British colonial repression increased demand for such rights.

🌍 Global Inspiration:

Country Influence
England (1689) Bill of Rights – Restricted monarchy's power
USA (1791) Bill of Rights – Protected individual freedom
France (1789) Declaration of Rights of Man – Liberty, equality
Ireland Irish Constitution’s influence on Directive Principles

British education also influenced Indian students (like Nehru, Ambedkar) in Europe about democracy and rights.

📚 Government of India Act, 1935 – Base for Indian Constitution

  • 321 sections, 10 schedules – Most comprehensive British law for India.

  • Sources:

    • Simon Commission Report (1928)

    • 3rd Round Table Conference

    • White Paper (1933)

    • Joint Select Committee Recommendations

🌐 Borrowed Features of the Indian Constitution

Country Borrowed Feature
Ireland Directive Principles of State Policy
South Africa Amendment procedure & Rajya Sabha elections
Canada Federal structure
France Liberty, Equality, Fraternity
UK Parliamentary government

🧪 Can Fundamental Rights Be Amended?

🔹 Golaknath Case (1967):

Parliament cannot amend Fundamental Rights.

🔹 Kesavananda Bharati Case (1973):

Parliament can amend Fundamental Rights,
but cannot damage the Basic Structure of the Constitution.

✅ Negative Rights vs Positive Rights

Type Meaning Example
🔴 Negative Rights Put restrictions on govt. Art. 18: State can’t give royal titles
🟢 Positive Rights Force govt. to take action Art. 21A: Right to free education

💡 Negative = “Don't do this”, Positive = “Do this for people”

Here is a simplified and structured version of the Features of Fundamental Rights, with explanations in easy language — perfect for your YouTube teaching, UPSC notes, or student revision material.

📘 FEATURES OF FUNDAMENTAL RIGHTS (FRs)

(As guaranteed by the Constitution of India – Part III, Articles 12 to 35)

✅ 1. Some Rights are for Citizens Only, Others for All Persons

  • Example: Articles 15, 16, 19, 29, and 30 – only for Indian citizens

  • Example: Articles 14, 20, 21, 22, 25 – available to all persons, including foreigners and legal persons (companies, NGOs, etc.)

✅ 2. Not Absolute – But Qualified

  • You have these rights, but the State can impose reasonable restrictions.

  • Restrictions must be:

    • Reasonable

    • For public interest (security, order, morality, etc.)

  • Courts decide whether the restriction is reasonable.

🧠 Balance: Between individual liberty and social control

✅ Example:
You have freedom of speech (Article 19),
But you cannot give hate speech or provoke violence.

🧑‍⚖️ Case Study: Shreya Singhal v. Union of India (2015)
→ SC struck down Section 66A of IT Act for curbing free speech online.

✅ 3. Mainly Against the State, Some Also Against Private Individuals

  • Most FRs protect against government actions.

  • But some protect even from private citizens:

    • Article 17 – abolishes untouchability

    • Article 23 – prohibits human trafficking and forced labour

✅ 4. Negative and Positive in Character

  • Negative rights: Tell the State what not to do (e.g., no discrimination – Article 15).

  • Positive rights: Give freedom or privileges (e.g., right to assemble peacefully – Article 19).

✅ 5. Justiciable in Nature

  • If your rights are violated, you can go to court directly to enforce them.

  • You can directly approach the Supreme Court (Article 32) or High Court (Article 226).

🧑‍⚖️ Case Study: Maneka Gandhi v. Union of India (1978)
→ Her passport was seized without reason.
SC ruled it violated her Right to Life and Personal Liberty (Article 21).

✅ 6. Protected and Enforced by Supreme Court

  • You can file a writ petition under Article 32 directly in Supreme Court.

  • No need to go through lower courts first.

🧑‍⚖️ Dr. B.R. Ambedkar called Article 32 the “heart and soul of the Constitution.”

✅ 7. Not Permanent or Sacrosanct

  • Parliament can change, limit, or remove FRs by Constitutional Amendment (not by ordinary law).

  • BUT – changes cannot violate the Basic Structure of the Constitution.

🧑‍⚖️ Kesavananda Bharati Case (1973) – Parliament can amend FRs but not destroy their core values.

✅ 8. Can Be Suspended During National Emergency

  • Except Articles 20 and 21, all FRs can be suspended.

  • Article 19 gets automatically suspended only during:

    • Emergency due to war or external aggression (external emergency)

    • Not during internal emergency (armed rebellion)

Example: During the Emergency (1975–77), many civil liberties were suspended.

🧑‍⚖️ ADM Jabalpur v. Shivkant Shukla (1976)
→ Known as the Habeas Corpus Case – SC allowed detention without trial.
Later criticized as a blow to civil rights.

✅ 9. Limited by Articles 31A, 31B, and 31C

These Articles protect certain laws from being challenged as violating Fundamental Rights:

  • Article 31A – Land reform laws

  • Article 31B – Laws in the Ninth Schedule

  • Article 31C – Laws to implement Directive Principles (Articles 39(b) & 39(c))

✅ 10. Application to Armed Forces Can Be Limited

  • Article 33 – Parliament can restrict FRs of:

    • Armed Forces

    • Police

    • Paramilitary

    • Intelligence agencies
      To ensure discipline and duty in security services.

✅ 11. Can Be Restricted Under Martial Law

  • Article 34 – If Martial Law is declared in an area (military rule to control law and order), FRs can be restricted.

⚠️ Note: Martial Law is different from National Emergency.

✅ 12. Some Rights Are Self-Executing, Others Need a Law

  • Most FRs are directly enforceable (no law needed).

  • But a few need Parliament to make a law first.

  • Only Parliament, not state legislatures, can make such laws.

  • Article 35 gives this power for uniformity across India.

13. They can be amended – but not destroyed

  • Parliament can amend Fundamental Rights under Article 368.

  • But it cannot violate the basic structure of the Constitution.

🧑‍⚖️ Case Study:

  • Golaknath v. State of Punjab (1967) – Parliament cannot amend FRs

  • Kesavananda Bharati v. State of Kerala (1973) – Parliament can amend, but not damage basic structure.

14. They are dynamic and evolving

  • Courts have expanded the meaning of many FRs through interpretation.

🧑‍⚖️ Example:

  • Right to Life (Article 21) initially meant just physical survival.
    Now it includes: Right to privacy, clean environment, health, etc.

15. They are inspired by global documents

  • Influenced by:

    • USA’s Bill of Rights

    • England’s Bill of Rights (1689)

    • France’s Declaration of the Rights of Man

    • International Human Rights

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