The Core of Democracy (Articles 12-35)
Part III of the Constitution guarantees certain basic rights to the citizens (and some to aliens). They act as limitations on the arbitrary laws of the legislature and despotic executive actions. However, they are not absolute and are subject to reasonable restrictions.
Article 12: Definition of State
To enforce a Fundamental Right, you must enforce it against the "State". The definition includes the Government and Parliament of India, Government and Legislature of states, all local authorities, and other authorities under the control of the Government of India.
Article 13: Laws Inconsistent with FRs
It declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. This provides the constitutional basis for Judicial Review.
The Six Fundamental Rights
- Right to Equality (14-18): Equality before law, prohibition of discrimination, equality of opportunity in public employment, abolition of untouchability and titles.
- Right to Freedom (19-22): Protection of 6 rights regarding freedom of speech, assembly, association, movement, residence, and profession. Includes protection in respect of conviction for offenses, protection of life and personal liberty (Art 21), and protection against arrest and detention.
- Right against Exploitation (23-24): Prohibition of traffic in human beings, forced labor, and child labor.
- Right to Freedom of Religion (25-28): Freedom of conscience, free profession, practice and propagation of religion.
- Cultural and Educational Rights (29-30): Protection of language, script, and culture of minorities, and their right to establish educational institutions.
- Right to Constitutional Remedies (32): The right to move the Supreme Court for the enforcement of fundamental rights via writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto). Dr. B.R. Ambedkar called Article 32 the "heart and soul of the Constitution."
Article 21: The Golden Triangle (with Art 14 & 19)
"No person shall be deprived of his life or personal liberty except according to procedure established by law."
The Supreme Court in Maneka Gandhi case (1978) significantly widened its scope, interpreting that 'procedure established by law' must be just, fair, and reasonable (akin to the American 'due process of law'). It now encompasses the right to privacy (Puttaswamy case), right to clean environment, right to speedy trial, and much more.
Reasonable Restrictions
Fundamental Rights are not absolute. For example, Article 19(1)(a) guaranteeing Freedom of Speech and Expression is subject to reasonable restrictions under Article 19(2) on grounds of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, or incitement to an offense.