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Preamble
PARTS[show]Fundamental Rights
PART
I ∙ II ∙ III ∙ IV ∙ V ∙ VI ∙ VII
VIII ∙ IX ∙ X ∙ XI ∙ XII ∙ XIII ∙ XIV
XV ∙ XVI ∙ XVII ∙ XVIII ∙ XIX ∙ XX ∙ XXI
XXII
SCHEDULES[show]First ∙ Second ∙ Third ∙ Fourth ∙ Fifth
Sixth ∙ Seventh ∙ Eighth ∙ Ninth
Tenth ∙ Eleventh ∙ Twelfth
APPENDICES[show]I ∙ II ∙ III ∙ IV ∙ V
AMENDMENTS[show]List ∙ 1 ∙ 10 ∙ 38 ∙ 39 ∙ 42
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In 1919, the Rowlatt Act gave extensive powers to the British government and pol
ice, and allowed indefinite arrest and detention of individuals, warrant-less se
arches and seizures, restrictions on public gatherings, and intensive censorship
of media and publications. The public opposition to this act eventually led to
mass campaigns of non-violent civil disobedience throughout the country demandin
g guaranteed civil freedoms, and limitations on government power. Indians, who w
ere seeking independence and their own government, were particularly influenced
by the independence of Ireland and the development of the Irish constitution. Al
so, the directive principles of state policy in Irish constitution were looked u
pon by the people of India as an inspiration for the independent India's governm
ent to comprehensively tackle complex social and economic challenges across a va
st, diverse nation and population.
In 1928, the Nehru Commission composing of representatives of Indian political p
arties proposed constitutional reforms for India that apart from calling for dom
inion status for India and elections under universal suffrage, would guarantee r
ights deemed fundamental, representation for religious and ethnic minorities, an
d limit the powers of the government. In 1931, the Indian National Congress (the
largest Indian political party of the time) adopted resolutions committing itse
lf to the defense of fundamental civil rights, as well as socio-economic rights
such as the minimum wage and the abolition of untouchability and serfdom.[3] Com
mitting themselves to socialism in 1936, the Congress leaders took examples from
the constitution of the erstwhile USSR, which inspired the fundamental duties o
f citizens as a means of collective patriotic responsibility for national intere
sts and challenges.
When India obtained independence on 15 August 1947, the task of developing a con
stitution for the nation was undertaken by the Constituent Assembly of India, co
mposing of elected representatives under the presidency of Rajendra Prasad. Whil
e members of Congress composed of a large majority, Congress leaders appointed p
ersons from diverse political backgrounds to responsibilities of developing the
constitution and national laws.[4] Notably, Bhimrao Ramji Ambedkar became the ch
airperson of the drafting committee, while Jawaharlal Nehru and Sardar Vallabhbh
ai Patel became chairpersons of committees and sub-committees responsible for di
fferent subjects. A notable development during that period having significant ef
fect on the Indian constitution took place on 10 December 1948 when the United N
ations General Assembly adopted the Universal Declaration of Human Rights and ca
lled upon all member states to adopt these rights in their respective constituti
ons.
The fundamental rights were included in the First Draft Constitution (February 1
948), the Second Draft Constitution (17 October 1948) and final Third Draft Cons
titution (26 November 1949) prepared by the Drafting Committee.
[edit] Significance and characteristicsThe fundamental rights were included in t
he constitution because they were considered essential for the development of th
e personality of every individual and to preserve human dignity. The writers of
the constitution regarded democracy of no avail if civil liberties, like freedom
of speech and religion were not recognized and protected by the State.[5] Accor
ding to them, "democracy" is, in essence, a government by opinion and therefore,
the means of formulating public opinion should be secured to the people of a de
mocratic nation. For this purpose, the constitution guaranteed to all the citize
ns of India the freedom of speech and expression and various other freedoms in t
he form of the fundamental rights.[6]
Rights
Theoretical distinctions
Natural and legal rights
Claim rights and liberty rights
Negative and positive rights
Individual and group rights
Human rights divisions
Three generations
Civil and political
Economic, social and cultural
Rights claimants
Animals · Humans
Women · Men
Fathers · Mothers
Children · Youth · Students
Indigenes · Minorities · LGBT
Other groups of rights
Authors' · Digital · Labor
Linguistic · Reproductive
v · d · e
All people, irrespective of race, religion, caste or sex, have been given the ri
ght to move the Supreme Court and the High Courts for the enforcement of their f
undamental rights. It is not necessary that the aggrieved party has to be the on
e to do so. Poverty stricken people may not have the means to do so and therefor
e, in the public interest, anyone can commence litigation in the court on their
behalf. This is known as "Public interest litigation".[7] In some cases, High Co
urt judges have acted on their own on the basis of newspaper reports.
These fundamental rights help not only in protection but also the prevention of
gross violations of human rights. They emphasize on the fundamental unity of Ind
ia by guaranteeing to all citizens the access and use of the same facilities, ir
respective of background. Some fundamental rights apply for persons of any natio
nality whereas others are available only to the citizens of India. The right to
life and personal liberty is available to all people and so is the right to free
dom of religion. On the other hand, freedoms of speech and expression and freedo
m to reside and settle in any part of the country are reserved to citizens alone
, including non-resident Indian citizens.[8] The right to equality in matters of
public employment cannot be conferred to overseas citizens of India.[9]
Fundamental rights primarily protect individuals from any arbitrary state action
s, but some rights are enforceable against individuals.[10] For instance, the Co
nstitution abolishes untouchability and also prohibits begar. These provisions a
ct as a check both on state action as well as the action of private individuals.
However, these rights are not absolute or uncontrolled and are subject to reaso
nable restrictions as necessary for the protection of general welfare. They can
also be selectively curtailed. The Supreme Court has ruled[11] that all provisio
ns of the Constitution, including fundamental rights can be amended. However, th
e Parliament cannot alter the basic structure of the constitution. Features such
as secularism and democracy fall under this category. Since the fundamental rig
hts can only be altered by a constitutional amendment, their inclusion is a chec
k not only on the executive branch, but also on the Parliament and state legisla
tures.[12]
A state of national emergency has an adverse effect on these rights. Under such
a state, the rights conferred by Article 19 (freedoms of speech, assembly and mo
vement, etc.) remain suspended. Hence, in such a situation, the legislature may
make laws which go against the rights given in Article 19. Also, the President m
ay by order suspend the right to move court for the enforcement of other rights
as well.
[edit] Right to equalityRight to equality is an important right provided for in
Articles 14, 15, 16, 17 and 18 of the constitution. It is the principal foundati
on of all other rights and liberties, and guarantees the following:
Equality before law: Article 14 of the constitution guarantees that all citizens
shall be equally protected by the laws of the country. It means that the State[
5] cannot discriminate against a citizen on the basis of caste, creed, colour, s
ex, religion or place of birth.[13]
Social equality and equal access to public areas: Article 15 of the constitution
states that no person shall be discriminated on the basis of caste, colour, lan
guage etc. Every person shall have equal access to public places like public par
ks, museums, wells, bathing ghats and temples etc. However, the State may make a
ny special provision for women and children. Special provisions may be made for
the advancements of any socially or educationally backward class or scheduled ca
stes or scheduled tribes.[14]
Equality in matters of public employment: Article 16 of the constitution lays do
wn that the State cannot discriminate against anyone in the matters of employmen
t. All citizens can apply for government jobs. There are some exceptions. The Pa
rliament may enact a law stating that certain jobs can only be filled by applica
nts who are domiciled in the area. This may be meant for posts that require know
ledge of the locality and language of the area. The State may also reserve posts
for members of backward classes, scheduled castes or scheduled tribes which are
not adequately represented in the services under the State to bring up the weak
er sections of the society. Also, there a law may be passed which requires that
the holder of an office of any religious institution shall also be a person prof
essing that particular religion.[15] According to the Citizenship (Amendment) Bi
ll, 2003, this right shall not be conferred to Overseas citizens of India.[9]
Abolition of untouchability: Article 17 of the constitution abolishes the practi
ce of untouchability. Practice of untouchability is an offense and anyone doing
so is punishable by law.[16] The Untouchability Offences Act of 1955 (renamed to
Protection of Civil Rights Act in 1976) provided penalties for preventing a per
son from entering a place of worship or from taking water from a tank or well.
Abolition of Titles: Article 18 of the constitution prohibits the State from con
ferring any titles. Citizens of India cannot accept titles from a foreign State.
[17] The British government had created an aristocratic class known as Rai Bahad
urs and Khan Bahadurs in India — these titles were also abolished. However, Milita
ry and academic distinctions can be conferred on the citizens of India. The awar
ds of Bharat Ratna and Padma Vibhushan cannot be used by the recipient as a titl
e and do not, accordingly, come within the constitutional prohibition".[18] The
Supreme Court, on 15 December 1995, upheld the validity of such awards.
[edit] Right to freedomThe Constitution of India contains the right to freedom,
given in articles 19, 20, 21 and 22, with the view of guaranteeing individual ri
ghts that were considered vital by the framers of the constitution. The right to
freedom in Article 19 guarantees the following six freedoms:[19]
Freedom of speech and expression, which enable an individual to participate in p
ublic activities. The phrase, "freedom of press" has not been used in Article 19
, but freedom of expression includes freedom of press. Reasonable restrictions c
an be imposed in the interest of public order, security of State, decency or mor
ality.
Freedom to assemble peacefully without arms, on which the State can impose reaso
nable restrictions in the interest of public order and the sovereignty and integ
rity of India.
Freedom to form associations or unions on which the State can impose reasonable
restrictions on this freedom in the interest of public order, morality and the s
overeignty and integrity of India.
Freedom to move freely throughout the territory of India though reasonable restr
ictions can be imposed on this right in the interest of the general public, for
example, restrictions may be imposed on movement and travelling, so as to contro
l epidemics.
Freedom to reside and settle in any part of the territory of India which is also
subject to reasonable restrictions by the State in the interest of the general
public or for the protection of the scheduled tribes because certain safeguards
as are envisaged here seem to be justified to protect indigenous and tribal peop
les from exploitation and coercion.[20] Article 370 restricts citizens from othe
r Indian states and Kashmiri women who marry men from other states from purchasi
ng land or property in Jammu & Kashmir.[21]
Freedom to practice any profession or to carry on any occupation, trade or busin
ess on which the State may impose reasonable restrictions in the interest of the
general public. Thus, there is no right to carry on a business which is dangero
us or immoral. Also, professional or technical qualifications may be prescribed
for practicing any profession or carrying on any trade.
The constitution also guarantees the right to life and personal liberty, which i
n turn cites specific provisions in which these rights are applied and enforced:
Protection with respect to conviction for offences is guaranteed in the right to
life and personal liberty. According to Article 20, no one can be awarded punis
hment which is more than what the law of the land prescribes at that time. This
legal axiom is based on the principle that no criminal law can be made retrospec
tive, that is, for an act to become an offence, the essential condition is that
it should have been an offence legally at the time of committing it. Moreover, n
o person accused of any offence shall be compelled to be a witness against himse
lf. "Compulsion" in this article refers to what in law is called "Duress" (injur
y, beating or unlawful imprisonment to make a person do something that he does n
ot want to do). This article is known as a safeguard against self incrimination.
The other principle enshrined in this article is known as the principle of doub
le jeopardy, that is, no person can be convicted twice for the same offence, whi
ch has been derived from Anglo Saxon law. This principle was first established i
n the Magna Carta.[22]
Protection of life and personal liberty is also stated under right to life and p
ersonal liberty. Article 21 declares that no citizen can be denied his life and
liberty except by law.[23] This means that a person's life and personal liberty
can only be disputed if that person has committed a crime. However, the right to
life does not include the right to die, and hence, suicide or an attempt thereo
f, is an offence. (Attempted suicide being interpreted as a crime has seen many
debates. The Supreme Court of India gave a landmark ruling in 1994. The court re
pealed section 309 of the Indian penal code, under which people attempting suici
de could face prosecution and prison terms of up to one year.[24] In 1996 howeve
r another Supreme Court ruling nullified the earlier one.[25]) "Personal liberty
" includes all the freedoms which are not included in Article 19 (that is, the s
ix freedoms). The right to travel abroad is also covered under "personal liberty
" in Article 21.[26]
In 2002, through the 86th Amendment Act, Article 21(A) was incorporated. It made
the right to primary education part of the right to freedom, stating that the S
tate would provide free and compulsory education to children from six to fourtee
n years of age.[27] Six years after an amendment was made in the Indian Constitu
tion, the union cabinet cleared the Right to Education Bill in 2008. It is now s
oon to be tabled in Parliament for approval before it makes a fundamental right
of every child to get free and compulsory education.[28]
Rights of a person arrested under ordinary circumstances is laid down in the rig
ht to life and personal liberty. No one can be arrested without being told the g
rounds for his arrest. If arrested, the person has the right to defend himself b
y a lawyer of his choice. Also an arrested citizen has to be brought before the
nearest magistrate within 24 hours. The rights of a person arrested under ordina
ry circumstances are not available to an enemy alien. They are also not availabl
e to persons detained under the Preventive Detention Act. Under preventive deten
tion, the government can imprison a person for a maximum of three months. It mea
ns that if the government feels that a person being at liberty can be a threat t
o the law and order or to the unity and integrity of the nation, it can detain o
r arrest that person to prevent him from doing this possible harm. After three m
onths such a case is brought before an advisory board for review.[29]
The constitution also imposes restrictions on these rights. The government restr
icts these freedoms in the interest of the independence, sovereignty and integri
ty of India. In the interest of morality and public order, the government can al
so impose restrictions. However, the right to life and personal liberty cannot b
e suspended. The six freedoms are also automatically suspended or have restricti
ons imposed on them during a state of emergency.
[edit] Right against exploitation
Child labour and Begar is prohibited under Right against exploitation.The right
against exploitation, given in Articles 23 and 24, provides for two provisions,
namely the abolition of trafficking in human beings and Begar (forced labor),[30
] and abolition of employment of children below the age of 14 years in dangerous
jobs like factories and mines. Child labour is considered a gross violation of
the spirit and provisions of the constitution.[31] Begar, practised in the past
by landlords, has been declared a crime and is punishable by law. Trafficking in
humans for the purpose of slave trade or prostitution is also prohibited by law
. An exception is made in employment without payment for compulsory services for
public purposes. Compulsory military conscription is covered by this provision.
[30]
[edit] Right to freedom of religionRight to freedom of religion, covered in Arti
cles 25, 26, 27 and 28, provides religious freedom to all citizens of India. The
objective of this right is to sustain the principle of secularism in India. Acc
ording to the Constitution, all religions are equal before the State and no reli
gion shall be given preference over the other. Citizens are free to preach, prac
tice and propagate any religion of their choice.