1. 'Part III - Fundamental Rights' is a charter of rights contained in the Constitution of India.

It guarantees civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These include individual rights common to most liberal democracies, such as equality before law, freedom of speech and expression, freedom of association and peaceful assembly, freedom to practice religion, and the right to constitutional remedies for the protection of civil rights by means of writs such as habeas corpus. Violations of these rights result in punishments as prescribed in the Indian Penal Code, subject to discretion of the judiciary. The Fundamental Rights are defined as basic human freedoms which every Indian citizen has the right to enjoy for a proper and harmonious development of personality. These rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, color or Gender. They are enforceable by the courts, subject to certain restrictions. The Rights have their origins in many sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man. The seven fundamental rights recognised by the constitution are:[1] link http://lawmin.nic.in/coi/coiason29july08.pdf 1) Right to equality, including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, abolition of untouchability and abolition of titles. 2) Right to freedom which includes speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation (some of these rights are subject to security of the State, friendly relations with foreign countries, public order, decency or morality, right to life and liberty, right to education, protection in respect to conviction in offences and protection against arrest and detention in certain cases. 3) Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings; 4) Right to freedom of religion, including freedom of conscience and free profession, practice, and propagation of religion, freedom to manage religious affairs, freedom from certain taxes and freedom from religious instructions in certain educational institutes. 5) Cultural and Educational rights preserving Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and 6) Right to constitutional remedies for enforcement of Fundamental Rights. 7) Right to property (removed after 44th amendmend of the constitution) linkhttp://indiacode.nic.in/coiweb/amend/amend44.htm Rights mean those freedoms which are essential for personal good as well as the good of the community. The rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the "fundamental Law of the land" and are enforceable in a court of law.

However, this does not mean that they are absolute or that they are immune from Constitutional amendment.[2] Fundamental rights for Indians have also been aimed at overturning the inequalities of preindependence social practices. Specifically, they have also been used to abolish untouchability and hence prohibit discrimination on the grounds of religion, race, caste, sex, or place of birth. They also forbid trafficking of human beings and forced labour. They also protect cultural and educational rights of ethnic and religious minorities by allowing them to preserve their languages and also establish and administer their own education institutions.

Genesis
See also: Indian independence movement The development of constitutionally guaranteed fundamental human rights in India was inspired by historical examples such as England's Bill of Rights (1689), the United States Bill of Rights (approved on 17 September 1787, final ratification on 15 December 1791) and France's Declaration of the Rights of Man (created during the revolution of 1789, and ratified on 26 August 1789).[2] Under the educational system of British Raj, students were exposed to ideas of democracy, human rights and European political history. The Indian student community in England was further inspired by the workings of parliamentary democracy and Britishers political parties.

In 1919, the Rowlatt Act gave extensive powers to the British government and police, and allowed indefinite arrest and detention of individuals, warrant-less searches 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 demanding guaranteed civil freedoms, and limitations on government power. Indians, who were seeking independence and their own government, were particularly influenced by the independence of Ireland and the development of the Irish constitution. Also, the directive principles of state policy in Irish constitution were looked upon by the people of India as an inspiration for the independent India's government to comprehensively tackle complex social and economic challenges across a vast, diverse nation and population. In 1928, the Nehru Commission composing of representatives of Indian political parties proposed constitutional reforms for India that apart from calling for dominion status for India and elections under universal suffrage, would guarantee rights deemed fundamental, representation for religious and ethnic minorities, and limit the powers of the government. In 1931, the Indian National Congress (the largest Indian political party of the time) adopted resolutions committing itself to the defense of fundamental civil rights, as well as socioeconomic rights such as the minimum wage and the abolition of untouchability and serfdom.[3] Committing themselves to socialism in 1936, the Congress leaders took examples from the constitution of the erstwhile USSR, which inspired the fundamental duties of citizens as a means of collective patriotic responsibility for national interests and challenges.

When India obtained independence on 15 August 1947, the task of developing a constitution for the nation was undertaken by the Constituent Assembly of India, composing of elected representatives under the presidency of Rajendra Prasad. While members of Congress composed of a large majority, Congress leaders appointed persons from diverse political backgrounds to responsibilities of developing the constitution and national laws.[4] Notably, Bhimrao Ramji Ambedkar became the chairperson of the drafting committee, while Jawaharlal Nehru and Sardar Vallabhbhai Patel became chairpersons of committees and sub-committees responsible for different subjects. A notable development during that period having significant effect on the Indian constitution took place on 10 December 1948 when the United Nations General Assembly adopted the Universal Declaration of Human Rights and called upon all member states to adopt these rights in their respective constitutions. The fundamental rights were included in the First Draft Constitution (February 1948), the Second Draft Constitution (17 October 1948) and final Third Draft Constitution (26 November 1949) prepared by the Drafting Committee.

Significance and characteristics

The fundamental rights were included in the constitution because they were considered essential for the development of the 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] According 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 democratic nation. For this purpose, the constitution guaranteed to all the citizens of India the freedom of speech and expression and various other freedoms in the form of the fundamental rights.[6] All people, irrespective of race, religion, caste or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. It is not necessary that the aggrieved party has to be the one to do so. Poverty stricken people may not have the means to do so and therefore, 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 Court 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 India by guaranteeing to all citizens the access and use of the same facilities, irrespective of background. Some fundamental rights apply for persons of any nationality 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 freedom of religion. On the other hand, freedoms of speech and expression and freedom 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 actions, but some rights are enforceable against individuals.[10] For instance, the Constitution abolishes untouchability

and also prohibits begar. These provisions act 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 reasonable restrictions as necessary for the protection of general welfare. They can also be selectively curtailed. The Supreme Court has ruled[11] that all provisions of the Constitution, including fundamental rights can be amended. However, the Parliament cannot alter the basic structure of the constitution. Features such as secularism and democracy fall under this category. Since the fundamental rights can only be altered by a constitutional amendment, their inclusion is a check not only on the executive branch, but also on the Parliament and state legislatures.[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 movement, 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 may by order suspend the right to move court for the enforcement of other rights as well.

Right to freedom
The Constitution of India contains the right to freedom, given in articles 19, 20, 21 and 22, with the view of guaranteeing individual rights that were considered vital by the framers of the constitution. The right to freedom in Article 19 guarantees the following six freedoms:[19]
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Freedom of speech and expression, which enable an individual to participate in public activities. The phrase, "freedom of press" has not been used in Article 19, but freedom of expression includes freedom of press. Reasonable restrictions can be imposed in the interest of public order, security of State, decency or morality. Freedom to assemble peacefully without arms, on which the State can impose reasonable restrictions in the interest of public order and the sovereignty and integrity 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 sovereignty and integrity of India. Freedom to move freely throughout the territory of India though reasonable restrictions 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 control 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 peoples from exploitation and coercion.[20] Article 370 restricts citizens from other Indian states and Kashmiri women who marry men from other states from purchasing land or property in Jammu & Kashmir.[21]

Freedom to practice any profession or to carry on any occupation, trade or business 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 dangerous or immoral. Also, professional or technical qualifications may be prescribed for practicing any profession or carrying on any trade.

The constitution guarantees the right to life and personal liberty, which in turn cites specific provisions in which these rights are applied and enforced:
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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 punishment 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 retrospective, 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, no person accused of any offence shall be compelled to be a witness against himself. "Compulsion" in this article refers to what in law is called "Duress" (injury, beating or unlawful imprisonment to make a person do something that he does not 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 double jeopardy, that is, no person can be convicted twice for the same offence, which has been derived from Anglo Saxon law. This principle was first established in the Magna Carta.[22] Protection of life and personal liberty is also stated under right to life and personal 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 thereof, 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 repealed section 309 of the Indian penal code, under which people attempting suicide could face prosecution and prison terms of up to one year.[24] In 1996 however 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 six 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 State would provide free and compulsory education to children from six to fourteen years of age.[27] Six years after an amendment was made in the Indian Constitution, the union cabinet cleared the Right to Education Bill in 2008. It is now soon 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 right to life and personal liberty. No one can be arrested without being told the grounds for his arrest. If arrested, the person has the right to defend himself by 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 ordinary circumstances are not available to an enemy alien. They are also not available to persons detained under the Preventive Detention Act. Under preventive detention, the government can imprison a person for a maximum of three months. It means that if the government feels that a person being at liberty can be a threat to the law and order or to the unity and integrity of the nation, it can detain or arrest that person to prevent him from doing this possible harm. After three months such a case is brought before an advisory board for review.[29] The constitution also imposes restrictions on these rights. The government restricts these freedoms in the interest of the independence, sovereignty and integrity of India. In the interest of morality and public order, the government can also impose restrictions. However, the right to life and personal liberty cannot be suspended. The six freedoms are also automatically suspended or have restrictions imposed on them during a state of emergency

Critical analysis of Fundamental rights in light of Freedom

The fundamental rights have been criticised for many reasons. Political groups have demanded that the right to work, the right to economic assistance in case of unemployment, old age, and similar rights be enshrined as constitutional guarantees to address issues of poverty and economic insecurity,[39] though these provisions have been enshrined in the Directive Principles of state policy.[40] The right to freedom and personal liberty has a number of limiting clauses, and thus have been criticized for failing to check the sanctioning of powers often deemed "excessive".[39] There is also the provision of preventive detention and suspension of fundamental rights in times of Emergency. The provisions of acts like the Maintenance of Internal Security Act (MISA) and the National Security Act (NSA) are a means of countering the fundamental rights, because they sanction excessive powers with the aim of fighting internal and cross-border terrorism and political violence, without safeguards for civil rights.[39] The phrases "security of State", "public order" and "morality" are of wide implication. People of alternate sexuality is criminalized in India with prison term up to 10 years. The meaning of phrases like "reasonable restrictions" and "the interest of public order" have not been explicitly stated in the constitution, and this ambiguity leads to unnecessary litigation.[39] The freedom to assemble peacably and without arms is exercised, but in some cases, these meetings are broken up by the police through the use of non-fatal methods.[41][42] "Freedom of press" has not been included in the right to freedom, which is necessary for formulating public opinion and to make freedom of expression more legitimate.[39] Employment of child labour in hazardous job environments has been reduced, but their employment even in non-hazardous jobs, including their prevalent employment as domestic help violates the spirit and ideals of the constitution. More than 16.5 million children are employed and working in India.[43] India was ranked 88 out of 159 in 2005, according to the degree to which corruption is perceived to exist among public officials and politicians worldwide.[44] The right to equality in

matters regarding public employment shall not be conferred to Overseas citizens of India, according to the Citizenship (Amendment) Bill, 2003

2. Importance of Fundamental Rights

By definition, preservation of fundamental rights is essential to the society. The alleged benefits of denying fundamental rights can be illusory; the harms can be arbitrarily severe. To allow abridgment in any case, even to avert omnicide, would mean creating a decision procedure of when to abridge fundamental rights, which in turn means violating human rights based on merely an illusion of harm (by definition, illusion of harm is indistinguishable from harm; the society is obviously suspectible to illusions), which can cause omnicide from denial of rights to the society. Interested parties can deceive the public and the courts into believing the existence of a pressing need. They have done so in the past. The decision procedure for abridging fundamental rights would have to be created now (when there is no clear danger of omnicide), and since any procedure that allows abridgments of fundamental rights in a civilized society is unacceptably dangerous, the required procedure is to never to allow violations of fundamental rights. Any attempt to abridge fundamental rights is self-defeating. Fortunately, fundamental rights are very flexible: They allow concentration of power in the executive when necessary; detention of people who are not convicted of a crime can be nonarbitrary; only freedom from censorship aspect of freedom of speech is absolute; right to government sponsored nutrition is contingent on the economic situation; and so on. The flexibility reminds us that the rights protect the society (as a whole), and in the long term they protect national security as opposed to being balanced against it. Therefore, all fundamental rights must be granted to all people in any civilized society.

3. The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all
Indians, and prevent the State from encroaching on individual liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society.[19] Seven fundamental rights were originally provided by the Constitution right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies.[20] However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978.[21][note 2] The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles based on equality of all members of society.[22] They act as limitations on the powers of the legislature and executive, under Article 13,[note 3] and in case of any violation of these rights the Supreme Court of India and the High Courts of the states have the power to declare such legislative or executive action as unconstitutional and void.[23] These rights are largely enforceable against the State, which as per the wide definition provided in Article 12, includes not only the legislative and executive wings of the federal and state governments, but also local administrative authorities and other agencies and institutions which discharge public functions or are of a governmental character.[24] However, there are certain rights such as those in Articles 15, 17, 18, 23, 24 that are also available against private individuals.[25] Further, certain Fundamental Rights including those under Articles 14, 20, 21, 25 apply to persons of any nationality upon Indian soil, while others such as those under Articles 15, 16, 19, 30 are applicable only to citizens of India.[26][27]

The Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of public interest.[24] In the Kesavananda Bharati v. State of Kerala case in 1973,[note 4] the Supreme Court, overruling a previous decision of 1967, held that the Fundamental Rights could be amended, subject to judicial review in case such an amendment violated the basic structure of the Constitution.[28] The Fundamental Rights can be enhanced, removed or otherwise altered through a constitutional amendment, passed by a two-thirds majority of each House of Parliament.[29] The imposition of a state of emergency may lead to a temporary suspension any of the Fundamental Rights, excluding Articles 20 and 21, by order of the President.[30] The President may, by order, suspend the right to constitutional remedies as well, thereby barring citizens from approaching the Supreme Court for the enforcement of any of the Fundamental Rights, except Articles 20 and 21, during the period of the emergency.[31] Parliament may also restrict the application of the Fundamental Rights to members of the Indian Armed Forces and the police, in order to ensure proper discharge of their duties and the maintenance of discipline, by a law made under Article 33.

4. Fundamental Rights are those rights and freedoms of the people of India, which enjoy
constitutional recognition and guarantee. The Supreme Court of India and State High Courts have the power to enforce Fundamental Rights. Supreme court is the guardian protector of fundamental rights.
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A very detailed Bill of Rights It is a very detailed and comprehensive Bill of Rights. It contains 24 Articles from 12 to 35. These describe in detail the fundamental rights of the people of India. People enjoy only the rights given in the Constitution. The Constitution of India does not give any recognition to natural or un-granted rights People of India enjoy only those fundamental rights. Special Rights for the Minorities. The India bill of Rights guarantees some special rights to the minorities. Cultural and educational rights have been granted to them. It abolishes untouched and makes its a crime. It has also granted special protections to women, children and the weaker sections of society. Lack of Social and Economic Rights: It grants only civil rights and freedoms. Rights like Right to Work, Right to Leisure, and Right to Social Security have not been included in the India Bill of Rights. Rights are Not Absolute: The fundamental rights of the people are not absolute. Some limitations have been placed on them. While describing the scope of each right, the Constitution also describes its limitations. These have been laid down for protecting public health, public order, morality and security of India. Rights are equally binding upon all: The Constitution makes the rights binding upon all authorities0 the Union, the States, the Parliament, and all other State authorities.

Enforcement of Rights. The Constitution not only grants but also guarantees rights. It provides legal and constructional protection t the fundamental rights. The citizens have been given the right to seek the protection of the Supreme Court and other courts for getting their rights enforced. Parliament has the power to amend Fundamental Rights: The fundamental rights contained in the constitution can be amended by the Parliament. The Parliament has, in practice, exercised this power on several occasions. Provision for the Suspension of Rights: The constitution provides for a suspension of fundamental rights during an emergency. However, such a suspension automatically ends when the emergency ceases or when the President withdraws it. Rights to Property are not a Fundamental Right. Initially, the Constitution granted to the citizens the fundamental right to property. However, because of the hindrances posed by this right in the way of implementation of some socio-economic reforms, right to property was deleted from the list of Fundamental Rights. It was made a legal right under Article 300A. This was done by the 44th Amendment of The Constitution. Now right to property is a legal right and not a fundamental right of the people. Right of Education. By 86th Amendment Act, Article 21A has been in the Bill of Rights. It gives to the children between the agesof 6 to 14 years, the Rights of Education. Constitutional Superiority of Fundamental Rights. The fundamental rights of the citizens are superior to ordinary laws and the Directive Principals of State Policy. No law can violate Fundamental Rights. Institution of National Human Rights Commission (NHRC). With a view to check possible violations of National Human Rights Commission has been working in India since 1993. It is five-member commission. Conclusion: These features clearly bring out the nature of Indian Bill of Rights. It is indeed a very detailed an essential part of the Constitution of India. It grants and guarantees equal fundamental rights and freedoms to all people of India. It constitutes a very strong pillar of India Democracy.

5. Fundamental Rights are provided to the citizens by the Constitution of India. The Fundamental
Rights and Duties are among the vital sections of the Constitution and prescribe the fundamental obligations of the state to its citizens and the duties of the citizens to the state. These are the essential elements of the constitution and they were developed by the Constituent Assembly of India between 1947 and 1949. Part III of the Constitution of India describes the Fundamental Rights offered to the country`s citizens. Fundamental Rights are essential human rights that can are offered to every citizen irrespective of caste, race, creed, place of birth, religion or gender. Fundamental Rights are subjected to specific restrictions and enforceable by courts. These are equal to freedoms and these rights are essential for personal good and the society at large.

Fundamental Rights are preserved as they guarantee civil liberties to all the citizens of the country for a calm and pleasant life. These are individual rights and comprise freedom of speech and expression, freedom to practice religion, equality before law, freedom of association and peaceful assembly and the right to constitutional remedies for the safeguard of civil rights by means of writs such as habeas corpus. The concept of providing the fundamental rights to the citizens has been taken from the England`s Bill of Rights; United States Bill of Rights and also France`s Declaration of the Rights of Man. Anyone who is violating the fundamental rights will face punishments in the court of law.

FUNDAMENTAL RIGHTS IN INDIA The fundamental rights in India for the indian citizen has elaborated in INDIAN CONSTITION from article 12 to 35 in part 3rd.Inthis regard, the framers of the constitution derived insipration from the Bill of Rights of the U.S.A. Constitution. Part 3rd of the constitution is rightly described as the MAGNA CARTA of INDIA.It contains a very long list of fundamental rights.The fundamental rights are guaranteed by the constitution to all persons without any descrimination. The uphold the equality of all individuals, the dignity of the individual, the larger public interest and the unity of nation. The fundamental rights are named so because they are guaranteed and protected by the constitution, which is fundamental law of the land. They are fundamental also in the sense that they are most essential for all round development of the individuals. Originally, the constitution provided for seven fundamental rights but by 44th amendment act 1978 the right property has deleted. So now there are only six fundamental rights in the constitution. They are- 1. Right to Equality, 2. Right to Freedom, 3.Right against Exploitation, 4.Right to freedom of Religion, 5.Cultural and Educational Rights, 6.Right to constitutional Remedies.