The Fundamental Rights in the Indian Constitution have several basic features that make them central to the protection of individual liberties and the promotion of justice.
- Justiciability:
- Fundamental Rights are justiciable, meaning that they can be legally enforced through the judicial system. Citizens can approach the courts for the protection and enforcement of these rights, and the judiciary has the authority to strike down any law or government action that infringes upon Fundamental Rights.
- Enforceability against the State:
- Fundamental Rights are primarily intended to protect individuals from the excesses of the state. They impose limitations on the powers of the government and provide a legal recourse for citizens in case of violations.
- Constitutional Guarantee:
- These rights are explicitly mentioned and guaranteed by the Constitution of India. They are enshrined in Part III of the Constitution (Articles 12 to 35) and are considered one of the most significant aspects of the constitutional framework.
- Universal Applicability:
- Fundamental Rights are available to all citizens of India, irrespective of factors such as caste, creed, gender, or religion. They are not contingent on any specific characteristics and are meant to be universally applicable.
- Equality before the Law:
- Article 14 ensures equality before the law and equal protection of the laws. It prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. This principle is foundational to the concept of justice and fairness.
- Right to Life and Personal Liberty:
- Article 21 guarantees the right to life and personal liberty, emphasizing that no person shall be deprived of their life or personal liberty except by the procedure established by law. This right is considered the most fundamental and includes various aspects such as the right to privacy.
- No Arbitrary State Action:
- Fundamental Rights protect individuals from arbitrary actions by the state. The state is bound by the principles of reasonableness and fairness when it comes to making laws or taking actions that affect the fundamental rights of citizens.
- Limitations and Restrictions:
- While Fundamental Rights are crucial, the Constitution also allows for reasonable restrictions on these rights in the interest of public order, morality, security, and other specified grounds. This ensures a balance between individual liberties and societal interests.
- Entrenched Provisions:
- The provisions related to Fundamental Rights are considered entrenched, meaning they are placed in a manner that makes them relatively immune to easy amendments. Any amendment seeking to abridge or take away Fundamental Rights requires special majority and compliance with the procedure specified in Article 368.
- Right to Constitutional Remedies:
- Article 32 provides the right to move the Supreme Court for the enforcement of Fundamental Rights. This is a powerful mechanism that allows citizens direct access to the highest court for the protection of their rights.
These basic features collectively contribute to the significance of Fundamental Rights in ensuring justice, equality, and the protection of individual freedoms in the Indian constitutional framework.
