The Fundamental Rights in the Constitution of India represent the cornerstone of the democratic structure, enshrined under Part III (Articles 12 to 35). Inspired by the Bill of Rights of the USA, these rights uphold the dignity, equality, and liberty of individuals. For students and aspirants preparing for competitive exams like UPSC and State PCS, understanding these rights is crucial as they form the backbone of Indian polity and ensure the protection of civil liberties against state encroachment.
They are the moral and legal foundation of India’s democratic governance, guaranteeing freedoms and equality essential for personal and national development.
The Fundamental Rights were framed as essential elements to secure justice, liberty, and equality for all. Rooted in both Western liberal traditions and India’s freedom struggle, they establish the moral and constitutional limits on state power.
The Fundamental Rights in India are detailed in Part III of the Constitution, covering Articles 12 to 35. Their design was inspired by the Bill of Rights of the United States, but Indian framers expanded them to cover a broader social and cultural spectrum, ensuring both individual liberty and collective welfare.
These rights are considered fundamental because they are constitutionally guaranteed and essential for the complete development of individuals — material, intellectual, moral, and spiritual. Their aim is to sustain political democracy and prevent any drift towards authoritarian rule.
The original Constitution of 1950 listed seven distinct Fundamental Rights that together embodied the democratic ethos of India.
At the commencement of the Constitution, the following seven rights were enshrined:
The Right to Property was originally a Fundamental Right but was later omitted by the 44th Constitutional Amendment Act, 1978. It was reclassified as a legal right under Article 300-A in Part XII of the Constitution.
The Fundamental Rights exhibit multiple unique features distinguishing them from other legal provisions, ensuring balance between liberty and order.
These rights apply differently to citizens and non-citizens, but all serve to protect essential freedoms within the democratic framework.
The Supreme Court and High Courts play a vital role in enforcing these rights. Citizens can directly approach the courts under Article 32 if their rights are violated.
The Constitution allows suspension of certain rights during extreme situations like National Emergency under Article 352, though essential rights remain protected.
The Constitution defines the term ‘State’ under Article 12 for the purpose of Fundamental Rights. This ensures that all authorities, public or quasi-public, come under judicial scrutiny when they violate these rights.
Under Article 12, the term ‘State’ includes multiple authorities at the central, state, and local levels.
The Supreme Court has expanded the meaning of ‘State’ to include even private organizations that perform public duties or are substantially controlled by the government.
The Fundamental Rights serve as the heart of the Indian Constitution, safeguarding the values of equality, liberty, and justice. Introduced in 1950, they continue to guide India’s democratic journey. For students and aspirants, mastering these provisions is essential to understand how Articles 12 to 35 shape governance, protect citizens, and reinforce the idea of a welfare state.
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