1.

Fundamental Rights:
Fundamental rights are the basic human rights enshrined in the Constitution of India
which are guaranteed to all citizens. They are applied without discrimination on the
basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable
by the courts, subject to certain conditions.
These rights are called fundamental rights because of two reasons:
(a) They are enshrined in the constitution which guarantees them.
(b) They are justiciable(enforceable by courts).

The Indian Constitution's Articles 12-35 cover fundamental rights. These human
rights are granted to Indian citizens since the Constitution states that they are
unalienable. One of the six primary essential rights includes the right to life, dignity,
education, and other things.

2. List of Fundamental Rights:

The following list of the Indian Constitution's six fundamental rights and the
relevant constitutional articles includes:
(1) Right to Equality (Article 14-18).
(2) Right to Freedom (Article 19-22).
(3) Right against Exploitation (Article 23-24).
(4) Right to Freedom of Religion (Article 25-28).
(5) Cultural and Educational Rights (Article 29-30).
(6) Right to Constitutional Remedies (Article 32).
There was one more fundamental right in the Constitution, i.e., the right to
property. However, this right was removed from the list of fundamental rights by the
44th Constitutional Amendment. This was because this right proved to be a
hindrance towards attaining the goal of socialism and redistributing wealth
(property) equitably among the people. 

3. Introduction of these fundamental rights:

(1) Right to Equality(14-18): Right to equality guarantees equal rights for

everyone, irrespective of religion, gender, caste, race or place of birth. It
ensures equal employment opportunities in the government and insures
against discrimination by the State in matters of employment on the basis of
caste, religion, etc. This right also includes the abolition of titles as well as
untouchability.
(2) Right to Freedom(19-22): Right to equality guarantees equal rights for
everyone, irrespective of religion, gender, caste, race or place of birth. It
ensures equal employment opportunities in the government and insures
against discrimination by the State in matters of employment on the basis of
caste, religion, etc. This right also includes the abolition of titles as well as
untouchability.
(3) Right against exploitation(23-24): This right implies the prohibition of
traffic in human beings, begar, and other forms of forced labour. It also
implies the prohibition of children in factories, etc. The Constitution
 prohibits the employment of children under 14 years in hazardous
conditions.
(4) Right to Freedom of Religion(25-28): This indicates the secular nature
of Indian polity. There is equal respect given to all religions. There is
freedom of conscience, profession, practice and propagation of religion.
The State has no official religion. Every person has the right to freely
practice his or her faith, establish and maintain religious and charitable
institutions.
(5) Cultural and Educational Rights(29-30): These rights protect the
rights of religious, cultural and linguistic minorities, by facilitating them to
preserve their heritage and culture. Educational rights are for ensuring
education for everyone without any discrimination.
(6) Right to Constitutional Remedies(32-35): The Constitution guarantees
remedies if citizens’ fundamental rights are violated. The government
cannot infringe upon or curb anyone’s rights. When these rights are
violated, the aggrieved party can approach the courts. Citizens can even go
directly to the Supreme Court which can issue writs for enforcing
fundamental rights.

4. Features of Fundamental Rights:

(1) In terms of how they are upheld, fundamental rights differ from
traditional legal rights. If a legal right is breached, the victim cannot go
straight to the SC without going via the lower courts. He or she ought to
start by contacting the lower courts.
(2) All citizens have access to some essential rights, whereas everyone has
access to the remaining ones (citizens and foreigners).
(3) They are justiciable, which suggests that courts can enforce them. In the
event of a breach of fundamental rights, individuals may directly contact
the SC.
(4) By amending the Constitution, the Parliament may change fundamental
rights, but only if the change does not fundamentally alter the Constitution.
(5) A national emergency may result in the suspension of fundamental
rights. The Articles 20 and 21-guaranteed rights, however, cannot be
suspended.
(6) In a place under martial law or military administration, the exercise of
fundamental rights may be constrained.

5. Importance of Fundamental Rights:

Fundamental rights are crucial because they serve as the foundation of the
nation. They are necessary to protect the interests of the populace.
Article 13 states that all laws that violate basic rights are null and invalid.
Here, judicial review is expressly provided for. Any statute may be declared
unconstitutional by the SC and High Courts on the grounds that it violates
basic rights. In addition to legislation, Article 13 also discusses ordinances,
orders, rules, notifications, etc.
6. Ammendability of Fundamental Rights:
 A constitutional modification that has the support of both Houses of
Parliament is necessary before any fundamental rights can be altered. The
Parliament should vote with a special majority to approve the amending
measure.

The linked article has information about several majorities in the Indian
Parliament.

Article 13(2) of the Constitution stipulates that basic rights cannot be taken
away by legislation.

The issue is whether or whether a constitutional amendment act qualifies as

law.

The Supreme Court ruled in the Sajjan Singh case from 1965 that any
provision of the Constitution, including fundamental rights, is subject to
amendment by the Parliament.

However, the SC changed its position in 1967 when it ruled in the

Golaknath case that fundamental rights cannot be violated.

7.Doctrine of Severability:
The essential liberties guaranteed by the Constitution are safeguarded by
this notion.It is often referred to as the Separability Doctrine.
According to Article 13 of the Constitution, any laws that were in existence
in India prior to the implementation of the Constitution and were in conflict
with the provisions of fundamental rights shall be void to the degree of such
conflict.
This suggests that only the portions of the law that are in conflict will be
regarded as void, not the entire law. Only clauses that violate fundamental
rights will be deemed invalid.
8. Doctrine of Eclipse:
According to this view, a law that infringes fundamental rights is not
automatically void or null, but only renders it unusable, or inactive rather
than dead.
This suggests that the law reactivates anytime that fundamental right (which
it had violated) is upheld (is revived).
Another thing to keep in mind is that the doctrine of eclipse only applies to
pre-constitutional legislation (laws passed before the Constitution went into
effect), not to laws passed after the Constitution.
Therefore, any post-constitutional law that violates a basic right is invalid
from the outset.
9.Conclusion:

The fundamental rights were deemed to be necessary for the personality

development of each and every individual and were incorporated in the
Constitution to uphold human dignity and respect. While some of these
rights can be directly enforced against both the State and private
individuals, the majority of these rights are only enforceable against the
State.

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