The constitutional status of Fundamental Rights in India refers to their explicit recognition, protection, and enforceability as outlined in the Constitution of India. These rights are enshrined in Part III (Articles 12 to 35) of the Constitution, and their constitutional status is characterized by several key features:
- Explicit Mention in the Constitution:
- Fundamental Rights are explicitly and categorically mentioned in the Constitution of India. They are not inferred or implied but are specifically articulated in the text of the Constitution.
- Enforcement through Judiciary:
- The Constitution bestows the judiciary with the power to enforce Fundamental Rights. If an individual believes that their Fundamental Rights are violated, they can directly approach the courts for redressal. The judiciary, particularly the Supreme Court and High Courts, have the authority to issue writs for the protection of these rights.
- Justiciability:
- Fundamental Rights are justiciable, meaning that they can be legally enforced in a court of law. This characteristic ensures that citizens have a mechanism to seek remedies if their rights are infringed upon by the state or any other entity.
- Supreme Court Jurisdiction (Article 32):
- Article 32 of the Constitution grants individuals the right to directly move the Supreme Court for the enforcement of Fundamental Rights. This provision is often regarded as the “heart and soul” of the Constitution because it empowers citizens to seek justice directly from the highest court.
- High Court Jurisdiction (Article 226):
- In addition to the Supreme Court, Article 226 empowers individuals to approach the High Courts for the enforcement of Fundamental Rights. High Courts have the authority to issue writs for the protection of these rights within their territorial jurisdiction.
- Entrenched Provisions:
- The provisions related to Fundamental Rights are considered entrenched in the Constitution. This means that they are not easily amendable. Any amendment that seeks to abridge or take away Fundamental Rights requires a special majority in the Parliament and compliance with the procedure specified in Article 368.
- Direct Relationship with the State:
- Fundamental Rights primarily impose restrictions on the powers of the state. They articulate the limits within which the state can act and ensure that citizens are protected from arbitrary or unjust state actions.
- Protection against Legislative and Executive Actions:
- The constitutional status of Fundamental Rights acts as a check on legislative and executive actions. Laws inconsistent with Fundamental Rights can be declared unconstitutional by the judiciary, and executive actions violating these rights can be struck down.
- Balance between Individual Rights and State Interests:
- While Fundamental Rights are essential for the protection of individual liberties, 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 rights and the broader interests of society.
In summary, the constitutional status of Fundamental Rights in India highlights their foundational role in the constitutional order, their enforceability through the judiciary, and the safeguards in place to protect these rights from undue infringement by the state.
