Fundamental Rights, Nature of Fundamental Rights

        A constitution is an organic instrument. It is a fundamental law of the nation. Part III of the Indian Constitution Article 14 to Article 35 deals with the fundamental rights. In India, the State has both rights and duties legal duties have been imposed upon the State by the Constitution in the form of fundamental rights.

Fundamental rights - 

        The Indian Constitution Part III, Article 14 to Article 35 deals with the fundamental rights.  These Fundamental Rights in the Indian Constitution are similar to those of provisions in Bill of Rights in the United Nations Constitution with some difference. The fundamental rights are the basic inherent human rights.

 Fundamental Rights (Article 12 to Article 35 of the Indian Constitution) -

Article 12. Definition

Article 13.  Laws inconsistent with or in derogation of the fundamental rights

Article 14. Equality before law

Article 15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Article 16 - Equality of opportunity in matters of public employment.

Article 17 -  Abolition of untouchability

Article 18 -   Abolition of titles

Article 19.  Protection of certain rights regarding freedom of speech etc

Article 20.  Protection in respect of conviction for offenses

Article 21.  Protection of life and personal liberty

Article 21A.  Right to education

Article 22.  Protection against arrest and detention in certain cases

Article 23.  Prohibition of traffic in human being and  forced labor

Article 24.  Prohibition of employment of children in factories etc

Article 25.  Freedom of conscience and free profession, practice and propagation of religion

Article 26.  Freedom to manage religious affairs

Article 27.  Freedom as to payment of taxes for promotion of any particular religion

Article 28.  Freedom as to attendance at religious instruction or religious worship in certain educational institutions

Article 29.  Protection of interest of minorities

Article 30.  Right of minorities to establish and administer educational institutions

Article 31.  Repealed

Article 31a.  Saving of laws providing for acquisition  estate etc

Article 31b.  Validation of certain Acts and regulations

Article 31c.  Saving of laws giving effect to certain Directive principles

Article 31d. Repealed

Article 32.  Remedies for enforcement of rights conferred by this part

Article 32a.  Repealed

Article 33.  Power of Parliament to modify the rights conferred by this part in their application to forces, etc

Article 34.  Restriction on rights conferred by this part while Martial Law is in force in any area

Article 35. Legislation to give effect to the provision of this Part.

Nature of fundamental rights - 

           
Basic inherent human rights - Fundamental rights are basic inherent human rights.

Guaranteed rights - Fundamental rights are guaranteed rights because they are given by the constitution and  guarantee is given by the constitution

Protected rights - Fundamental rights are protected rights,  no person, Union or state of government can violate it

Enforceable rights -  fundamental rights are enforceable rights because the supreme court is the protector, Guardian, and Sentinel of fundamental rights under article 32.

 Fundamental rights are not absolute.

      Fundamental rights are not absolute the Government of India can impose reasonable restrictions on it,  during the time of emergency some fundamental rights are suspended.  The constitution itself confers power on the legislature to impose limitations.

Fundamental rights and non-citizen - 

     Not all rights but some fundamental rights are also available to non-citizens.

 Fundamental rights cannot be waived - 

     Fundamental rights cannot be waived these rights were not put in the constitution merely for individuals benefit but it was based on public policy.

 Fundamental rights are not all distinct - 

      The fundamental rights are not all distinct, separate from each other and mutually exclusive rights. Each Right has some relation with another. No article in the constitution is to be read in isolation.

   Article 13 of the Indian Constitution gives teeth to the fundamental rights and makes these rights justifiable.

   According to article 13(2) of the Indian Constitution, The State shall not make any law which takes away or abridges is the fundamental rights and if such law in contravention of the said provision violates fundamental rights it will be a void law.

   Article 32 of the Indian Constitution provides constitutional remedies.  Constitutional remedies is itself the fundamental right.

 Article 32 and Article 226 of the Indian Constitution -

       Under Article 32 the Supreme Court and under Article 226 the High Court  of the state has to take cognizance of the petition alleging the violation of fundamental rights

See also...

1. Right to Equality (Article 14 to 18 of the Indian Constitution)

2. Basic Structure of the Indian Constitution | Constitutional Law

3. Classification of Legal Rights

4. Essential Elements of Legal Right | Jurisprudence 

5. Human rights of prisoners