Understanding Fundamental Rights in India: An Overview with Case Laws

The Indian Constitution guarantees basic freedoms to its citizens to promote equality in all spheres of life, including social, economic, and political life. Part III of the Indian Constitution is dedicated to the fundamental rights that form its basis. Fundamental rights under the Indian Constitution will be discussed in detail, along with related case law.

Right to Equality: Article 14-18

Article 14 of the Indian Constitution ensures everyone’s fair treatment under the law. This means that no person may be persecuted because of their faith, race, caste, gender, or country of origin The Supreme Court ruled in State of West Bengal v. Anwar Ali Sarkar that states have the right to divide citizens into various categories, provided that these categories are both reasonable and based on objective criteria Discrimination on the basis of religion, race, caste, sex, or place of birth is outlawed in Article 15. Article 16 guarantees women and men the same access to government jobs.

Right to Freedom: Article 19-22

The right to freedom of expression, assembly, association, movement, residence, and the free exercise of profession, trade, or business are all guaranteed under Article 19. These rights are subject to reasonable restrictions to protect public order, morality, India’s sovereignty, and India’s territorial integrity. The concepts of retroactivity and double jeopardy are outlawed in Article 20 The right to life and freedom are protected by Article 21. In Maneka Gandhi v. Union of India, the Supreme Court of India held that one’s right to life and personal liberty includes freedom of movement, privacy, and a fair trial Anyone arrested or detained under a law permitting preventive detention is assured certain protections under Article 22.

Right against Exploitation: Articles 23–24

Human trafficking, forced labour, and other similar forms of exploitation are forbidden by Article 23. Furthermore, it forbids the hiring of minors under the age of 14 for any potentially dangerous work Children under the age of 14 are not allowed to be employed in hazardous environments like factories, mines, or construction.

Note: Criminal lawyers in Chandigarh handle cases involving custodial torture, police brutality, and extrajudicial killings, in addition to cases involving the violation of fundamental rights. They use their expertise to guarantee that the guilty face consequences for their actions and that the victims are compensated fairly.

Right to Freedom of Religion: Articles 25–28

Subject to public order, morality, and health, Article 25 guarantees the right to freely profess, practise, and propagate religion. In S.R. Bommai v. Union of India, the Supreme Court of India held that the freedom of religion includes the autonomy to govern religious institutions

Subject to public order, morality, and health, Article 26 guarantees the right to administer religious affairs.

Article 27 states that the government cannot collect money for the purpose of advancing any particular religion.

Article 28 forbids the use of public funds for religious instruction in schools.

Cultural and Educational Rights: Articles 29–30

Article 29 protects the right of ethnic and linguistic minorities to maintain their unique written and oral traditions. It also makes it illegal to treat a citizen differently because of who they worship or who they are or what language they speak. Article 30 guarantees the freedom of minorities to found and control their own schools.

Article 32: Right to Constitutional Remedies

Article 32 of the Indian Constitution guarantees the ability to seek judicial review of constitutional violations before the country’s highest court. One of the most important parts of the Constitution, it guarantees citizens access to writs, powerful tools for defending their basic liberties. This means that anyone who feels their constitutional rights have been violated can go straight to the highest court in the land for help The Supreme Court can issue writs like habeas corpus, mandamus, prohibition, certiorari, and quo warranto to ensure the protection of constitutional rights. These writs are judicial orders compelling government agencies to fulfill their constitutional duties or end unlawful conduct Article 32 is a crucial protection against state overreach and abuse of power.

In the infamous case of ADM Jabalpur v. Shivkant Shukla (1976), the Supreme Court ruled that the right to petition the court under Article 32 may be suspended during a state of emergency. But in Additional District Magistrate, Jabalpur v. Shivakant Shukla, the Supreme Court ruled otherwise (1976).

Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc

Article 33 gives Parliament the power to limit or alter the constitutional protections enjoyed by members of the armed forces and the police force in the name of national security. This means that freedom of speech, expression, and association may be limited for those serving in the armed forces and law enforcement.

The Supreme Court ruled in the 1963 case Kharak Singh v. State of Uttar Pradesh that a person’s personal liberty cannot be restricted in violation of the law The court also ruled that the government does not have unbridled authority to limit the basic rights of military personnel, as claimed by the government in its interpretation of Article 33

Note: Constitutional lawyers at the Chandigarh High Court play a crucial role in protecting these basic liberties. They are competent to handle cases involving the violation of fundamental rights because of their familiarity with the provisions of the Indian Constitution.

Article 34: Restriction on rights conferred by this Part while martial law is in force in any area

According to Article 34, basic freedoms may be limited in times of national emergency. War, external aggression, or an armed rebellion qualify under Article 352 for the President to declare a state of emergency During such a time, the government may choose to not enforce (or only partially enforce) certain fundamental rights (with the exception of Articles 20 and 21).

The right to petition the court under Article 32 may be suspended in times of emergency, as the Supreme Court ruled in ADM Jabalpur v. Shivkant Shukla (1976). But in Additional District Magistrate, Jabalpur v. Shivakant Shukla, the Supreme Court ruled otherwise (1976)