Rights in the Indian Constitution

The Rights have evolved over a period of time. Moreover rights changed with time and place. In
earlier times, the rights were known as civil liberties which included freedom such as freedom of
speech from arbitrary arrest, freedom of speech etc. and to secure these freedoms people had to
put up as strong fight against autocratic kings.
 EVOLUTION OF RIGHTS
• Soon after the French revolution in 1789 the French national assembly issued the famous
Declaration of the rights of man. It proclaimed that all men are born equal and should have
equal rights.
• In sept 1789 the American congress adopted 10 amendments to the constitution and by dec 1791
they became part of the American constitution known as Bill of Rights.
• Among these provisions the most important are freedom of speech, press and religion, rights to
assemble peacefully, protection against unreasonable searches and seizures of property and
protection against cruel punishment.
• On 10th dec 1948 the UN General assembly adopted the universal declaration of human rights.
Thus we celebrate 10th dec as human rights day all over the world.
 IMPORTANCE OF RIGHTS (WHY DO WE NEED RIGHTS IN A CONSTITUTION
The bonded labourers working in Pichola in Bhiwani district of Haryana wrote a letter to the
supreme court and said “we are Adivasi Bhils, our daily wage rates are Rs 3 or 4. Drinking water
is provided to us in 3 or 4 days. Our huts are worse than those used for keeping animals. Our
mailk molest our young daughters. Please save us from this miserable condition.” Their letter was
forwarded to the supreme court registrar by swami Agnivesh the chairman of the Bandhua mukti
morcha. A division bench of the supreme court held inquiry into the conditions of the labourers
and thus the court passed an order releasing them from bondage to their masters.
In 1983 Sheela Barse a famous journalist wrote a letter to the supreme court to bring to their
notice that in police lockups at Mumbai the women undertrials were subjected to torture and
frightening violence. The supreme court appointed Ms Armaity Desai the then director of the
college of social work to find out what was happening in police lockups. On receipt of the report
from Ms Desai the court directed the Maharashtra govt to ensure that women undertrials were
protected from torture and cruel treatment.
It is because of insertion of Fundamental rights in the constitution that the bonded Labourers and
the women undertrials breathed a sigh of relief. They got justice under provision of the right
against Exploitation and right to personal life and Liberty.
 WHY DO WE NEED RIGHTS
1. Rights shape human personality: rights preserves human dignity and promote social
progress in larger freedom.
2. Rights gives civil liberties: rights helps to shape public opinion and thus guarantees to the
citizens freedom of speech and expression, freedom to assemble and freedom to form
association or unions.
3. Rights are a check on the arbitrary powers and acts of the govt: The fundamental rights
can be altered or curtailed only by an amendment of the constitution thus inclusion of rights is
a check on the executive and legislative bodies
4. Rights are check on certain action of private citizens and organizations also: eg
constitution abolishes custom of untouchability, forbids employment of children in factories
etc.
5. Rights are enforceable by the courts: all persons irrespective of caste, sex, race etc has to
right to move the supreme court or the high court if the rights are violated. It is not always
necessary that the person who has instituted the legal proceedings should have the right of his
own which seeks to defend. (PIL)
 RIGHTS IN THE CONSTITUTION OF SOUTH AFRICA
In South Africa the Blacks, Indians and coloured had to struggle for decades against the policy of
racial discrimination. The Blacks had an opportunity to choose their own government only in
1994. South Africa’s Constituent Assembly adopted a new Constitution on 8th May 1996. This
Constitution became a cornerstone of Democracy in South Africa. It prohibits discrimination on
grounds of race, gender, marital status, ethnic or social origin, colour so on.
A few important rights included in South Africa’s Constitution are as follows:
• Right to Dignity, Right to Privacy, Right to Healthy Environment, Right to fair practise towards
labourers, Right to health care, food water and social security, Right to adequate housing, Right
to basic and higher education, Right to information etc.
 FUNDAMENTAL RIGHTS IN THE INDIAN CONSTITUTION
The leaders of the freedom movement realised that rights were of vital importance to Indians.
The Motilal Nehru Report (1928) cited the importance of Fundamental rights. The congress
session of 1931 adopted a specific resolution on Fundamental rights and Economic policy. In
1945 the Sapru report drew attention to rights of individuals. About a year later the constituent
assembly began framing of the constitution of India and therefore it was proclaimed under Part
III of the Constitution.
Fundamental rights are fundamental in the sense that they have been incorporated in the
fundamental law of land and can be enforced by the courts.
 HOW FUNDAMENTAL RIGHTS ARE DIFFERENT FROM OTHER RIGHTS
First: the other rights like right to marry, right to property etc are protected by ordinary law of
land but the fundamental rights are protected and enforced by the constitution.
Second: the other rights can be changed by ordinary course of legislation but fundamental rights
can be changed by constitutional amendment.
Third: no organs of the state may take away our fundamental rights but such a blanket protection
does not exist in respect of other rights.
 RIGHT TO EQUALITY

Equality before the law (Article 14)

• Article 14 treats all people the same in the eyes of the law. This Article is described in two parts – wich states
commands the State not to deny to any person ‘equality before the law’. Another part of it also commands the State n
deny the ‘equal protection of the laws’.
• This provision states that all citizens will be treated equally before the law and avoids any kind of discrimination.
• The law of the country protects everybody equally.
• Under the same circumstances, the law will treat people in the same manner.
Prohibition of discrimination (Article 15)
• This article prohibits discrimination in any manner. This article secures the citizens from every sort of
discrimination by the State, on the grounds of religion, race, caste, sex or place of birth or of them.
• No citizen shall, on grounds only of race, religion, caste, place of birth, sex or any of them, be subject to any
liability, disability, restriction or condition with respect to:
• Access to public places
• Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the general public
• The article also mentions that special provisions can be made for women, children and the backward classes
notwithstanding this article. A constitution amendment act 2005 empowered govt to provide for reservation for
OBC’s in higher educational institutions. On 10th April 2008 the SC upheld the validity of act of 2005 and made 2
observation 1. Reservation should exclude creamy layer and 2. review should be done after every 5 years for the
need of continuation of reservation for OBC’s
Equality of opportunity in matters of public employment (Article 16)
• Article 16 provides equal employment opportunities in State service for all citizens.
• No citizen shall be discriminated against in matters of public employment or appointment on the grounds of race,
religion, caste, sex, place of birth, descent or residence.
• Exceptions to this can be made for providing special provisions for the backward classes.
Abolition of untouchability (Article 17)
• Article 17 prohibits the practice of untouchability.
• Untouchability is abolished in all forms.
• Any disability arising out of untouchability is made an offence.
Abolition of titles (Article 18)
• Article 18 abolishes titles.
• The State shall not confer any titles except those which are academic or military titles.
• The article also prohibits citizens of India from accepting any titles from a foreign State.
• The article abolishes the titles that were awarded by the British Empire such as Rai Bahadur, Khan Bahadur, etc.
• Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna and military honours like Ashok
Chakra, Param Vir Chakra do not belong to this category.
 RIGHT TO FREEDOM (Article 19 guarantees six freedoms) They are:
• Freedom of speech and expression: The State guarantees freedom of speech and expression to every person of India.
However, the State can impose restrictions on the freedom of speech and expression in the interests of the integrity,
security and sovereignty of the country, friendly relations with foreign nations, for public order, with respect to
defamation, incitement to offence or contempt of court. Read more about the Freedom of Speech and Expression here.
• Freedom to assemble: The State guarantees every person the freedom to assemble peacefully without arms. However, as
above, reasonable restrictions can be imposed in the interests of the sovereignty and integrity of the country and public
order.
• Freedom to form associations/unions/cooperative societies: Again, the State can impose restrictions in the interests of
the integrity, security and sovereignty of the country, friendly relations with foreign nations, for public order, with respect
to defamation, incitement to offence or contempt of court. This freedom gives workers the right to form trade union,
which is thus a fundamental right. The Police Forces (Restriction of Rights) Act, 1966 prohibits police personnel from
forming trade unions. The Constitution also allows the Parliament to pass a law restricting the right to form political
association to members of the armed forces, intelligence bureaus, persons employed with telecommunication system.
• Freedom to move freely: A citizen of India can move freely throughout the territory of India. But this right can also be
restricted on the grounds of security, public order or for protecting the interests of the Scheduled Tribes.
• Freedom of residence: Citizens of India have the right to reside in any part of the country. Although restrictions can be
imposed on the grounds of security, public order or for protecting the interests of the Scheduled Tribes.
• Freedom of profession: All citizens have the right to carry on any trade or profession/occupation, provided the trade or
occupation is not illegal or immoral. Also, the law does not prevent the State from making laws related to technical or
professional qualifications required for practicing the occupation or trade.
Article 20 deals with the protection of citizens in respect of conviction for offences. This provides for three types of
protection of the individual against the State.
1. Retrospective criminal legislation: This is also known as ex-post facto criminal legislation. Under this, a person
cannot be convicted for an act that was committed at a time when the act had not been declared by law as an
offence.
1. This means that criminal legislation cannot be given a retrospective effect.
2. This immunity cannot be used against the provision of preventive detention, and also does not cover the trial.
3. The law also provides that a person cannot be subject to a punishment greater than what is prescribed by law
for the offence committed.
2. Double jeopardy: This indicates that a person cannot be convicted for the same offence more than once.
3. Prohibition against self-incrimination: This implies that no person accused of an offence shall be compelled by
the State to bear witness against himself.
Article 21
• Article 21 states that no person shall be deprived of his life and personal liberty by the State except as per the
procedure established by law. This article has a wide scope and its interpretation has undergone many changes over
the decades. The Supreme Court has interpreted the right to life as the right to a dignified life.
• This is the most important right in one sense, because, without this right to life, all other fundamental rights would
be meaningless.
Article 21(A)
This article was introduced by the 86th Constitutional Amendment in 2002. It provides that the State shall provide
free and compulsory education to all children between the ages of 6 and 14.
Article 22 deals with the protection against arrest and detention in certain cases.
• he article provides the following safeguards:Article 22(1) – Any person who is in custody has to be informed as to
why he has been arrested. Further, he cannot be denied the right to consult an advocate.
• Article 22(2) – The arrested individual should be produced before a judicial magistrate within 24 hours of his
arrest.
• Article 22(3) – No individual who has been arrested can be kept in custody for more than the period determined by
the judicial magistrate.
 RIGHT AGAINST EXPLOITATION
Article 23 – Prohibition of traffic in human beings and forced labour
Article 24 – Prohibition of employment of children in factories, etc.
RIGHT TO FREEDOM OF RELIGION
Article 25 (Freedom of conscience and free profession, practice, and propagation of religion)
Article 26 (Freedom to manage religious affairs)
This Article provides that every religious denomination has the following rights, subject to morality, health, and public order.
1. The right to form and maintain institutions for religious and charitable intents.
2. The right to manage its own affairs in the matter of religion.
3. The right to acquire the immovable and movable property.
4. The right to administer such property according to the law.
Article 27 (Freedom as to payment of taxes for promotion of any particular religion)
Article 28 (Freedom as to attendance at religious instruction or religious worship in certain educational institutions)
 Cultural & Educational Rights (Articles 29 & 30)
Protection of Interests of Minorities: article 29 provides that every section of citizens residing in any part of
the country have the right to protect and conserve its own distinct language, script or culture (it provides the
right to a group/section/community of people).
Further, it says that no citizen shall be denied admission into any educational institution on grounds only
of religion, race, caste, or language (it provides the rights to an individual citizen).
Article 29 grants protection to both religious, linguistic as well as cultural minorities.
However, the rights are not necessarily restricted to minorities only, as it is commonly assumed to be. It
includes minorities as well as the majority.
Right of Minorities to Establish and Administer Educational Institutions:
Article 30 grants all the minorities the following rights:
• The right to establish and administer educational institutions of their choice.
• The compensation amount fixed by the State for the compulsory acquisition of any property of a minority
educational institution shall not restrict or abrogate the right guaranteed to them.
• This provision was added by the 44thAmendment Act, 1978 to protect the right of minorities in this regard.
• The State shall not discriminate against any educational institution managed by a minority.
• Thus, the protection under Article 30 is confined only to minorities (religious, cultural or linguistic) and does
not extend to any other section of citizens (as under Article 29).
 Right to Constitutional Remedies (Article 32)
Article 32 is considered the most important article of the Constitution as it provides that the right to get
Fundamental Rights protected is itself a fundamental right.
It confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.
The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or
taken away even by way of an amendment to the Constitution.
FUNDAMENTAL RIGHTS MONITORING AGENCIES AND CIVIL LIBERTIES MOVEMENTS IN INDIA
BESIDES THE SUPREME COURT AND THE HIGH COURT MANY OTHER INSTITUTIONS AND
ORGANIZATIONS EXIST FOR THE PROTECTION OF OUR RIGHTS:
1. THE NATIONAL COMMISSION FOR SC HAS THE POWER TO PROTECT, SAFEGUARD AND
PROMOTE THE INTEREST OF SCs.
2. A SCHEDULED AREAS AND ST COMMISSION IS MEANT TO GIVE A THRUST TO THE WELFARE
AND DEVELOPMENT OF THE STs.
3. THE NATIONAL BACKWARD CLASSES FINANCE AND DEVELOPMENT CORPORATION PROVIDES
CREDIT FACILITIES TO BENEFICIARIES FOR VARIOUS INCOME GENERATION SCHEMES.
4. THE NATIONAL COMMISSION FOR WOMEN TAKES UP PETITIONS FOR REDRESSAL OF WOMENS
GRIVANCES. IT ALSO REVIEWS PROVISIONS RELATING TO SAFEGUARDS PROVIDED FOR
WOMEN UNDER THE CONSTITUTION OF INDIA.
 NATIONAL HUMAN RIGHTS COMMISSION (NHRC)
NHRC WAS CONSTITUTED IN THE YEAR 1993.
COMPOSITION: THE COMMISSION IS COMPOSED OF:
• FORMER CJI (CHIEF JUSTICE OF INDIA)
• MEMBERS WHO IS OR HAS BEEN THE JUDGE OF THE SC
• ANOTHER MEMBER WHO HAS BEEN THE JUDGE CJ OF HIGH COURT
• 2 OTHER MEMBERS WHO HAVE THE KNOWLEDGE OR PRACTICAL EXPERIENCE IN MATTER RELATED TO
HUMAN RIGHTS.
FUNCTIONS:
• INQUIRES INTO COMPLAINTS OF VIOLATION OF HUMAN RIGHTS
• MAY VISIT ANY JAIL WHERE PERSONS ARE DETAINED TO STUDY THE LIVING CONDITION OF THE INMATES
• REVIEWS ACTS OF TERRORISM THAT OBSTRUCT THE ENJOYMENT OF HUMAN RIGHTS
• PROMOTES RESEARCH IN THE FIELD OF HUMAN RIGHTS.
• ENCOURAGES THE EFFORTS OF THE NGOS WORKING IN THE FIELD OF HUMAN RIGHTS.
POWERS: THE HRC HAS ALL THE POWERS OF A CIVIL COURT AND IN PARTICULAR THE POWER OF
SUMMONING WITNESSES AND RECEIVING EVIDENCES ON AFFIDAVITS. THE COMMISSION HAS NO POWER TO
PROSECUTE SOMEONE. IT CAN ONLY SUBMIT ITS REPORT TO THE GOVT. IT IS FOR GOVT TO BRING CRIMINAL
OR CILVIL CHARGES AGAINST SOMEONE IN THE COURT OF LAW.
 CIVIL LIBERTIES MOVEMENTS IN INDIA: NGO
Protection of human rights is impossible without the close ties between the govt and the NGOs. In India 100 of such
organization including peoples union for civil liberties, people’s commission, the Chipko movement and the
Narmada bachao andolan has been active in drawing public attention to human rights abuses. They have brought to
light the cases of bonded labourers, children in prison, violence against women undertrials and disappearance of
youth in large numbers in Punjab. The Chipko movement made the Indians realize for the first time that deforestation
was taking place at a rapid pace and needed to be stopped.
 JUDICIARY FUNCTIONED AS THE PROTECTOR OF RIGHTS
Since the very beginning of the constitution Judiciary has served as the main protector of our rights. Detention of
persons under MISA (maintenance of internal security act) or TADA (Terrorist and disruptive activities act) has been
upheld by the SC. But at the same time the SC and the high court warned that such laws could gravely damage one’s
personal liberty. Therefore they should be used sparingly ie in as few situations as possible. In 2006 the SC directed
the state of Gujarat, Maharashtra and MP to provide proper relief to the tribals and cultivators who has been
displaced because of Sardar Sarovar Project.
Jyotiba Phule: A Highly Admired Social Reformer
He was born in the Satara District of Maharashtra. Respectfully addressed as Mahatma Jyoyiba was highly admired
social reformer. His book Ghulamgiri focussed on poverty and hardships which the lower classes were then facing.
He wanted the society to be based on Justice, Liberty and Equality. Thus the Constitution provided us with
Fundamental Rights, the enjoyment of which was made possible by the sacrifice and sufferings of very many
persons.
 DIRECTIVE PRINCIPLES OF THE STATE POLICY: NON JUSTICIABLE RIGHTS
• Part IV of the constitution lays down the DPSP of including these principles was to ensure social, legal and economic justice for
every member of the community.
• The DPSP are in nature of guidelines or instruction that tell the legislature and the executive what to do. They serve as a light to
the courts as well.
• The DPSP lays down the positive obligations of the state to give to every person what he wants, that is, a living wage, humane
condition of work, education for children, clean environment and equal justice.
• In the DPSP one finds a clearer statement of Socialist aims, and Gandhian principles of welfare state.
NATURE OF THE DIRECTIVE PRINCIPLES: NON- JUSTICIABLE RIGHTS OF THE PEOPLE
The DPSP possess following characteristics:
• The DPSP are non justiciable rights of the people. These provisions shall not be enforceable by the Court and no remedt is
available to the aggrieved party by way of judicial proceedings.
• The DPSP though non justiciable are fundamental in governance of the country. It is the duty of the state to apply these
principles in making laws. Even the Judiciary has to keep them in mind in deciding cases.
 DIRECTIVE PRINCIPLES THAT ARE MOST IMPORTANT
The following are the most important DPSP:
• The state should ensure for its people adequate means of livelihood.
• There should be equal pay for equal work for both men and women.
• Childhood and youth should be protected from exploitation
• The state is directed to ensure to the people (a) the right to work. (b) the right to education and © the right to state
assistance in case of unemployment, old age, sick and disablement.
• Steps should be taken to organize village panchayats and endow them with such powers as may be necessary to
enable them to function as units of self government.
• The state should take steps for prohibiting the slaughter of cows and calves and other milch cattle.
• There should be uniform civil code throughout the territory of India. It means that in matters like marriage divorce
inheritance and succession all the Indians irrespective of their sex or religion should be governed by the same laws.
• The state will promote international peace and security and maintain just and honourable relations between nations.
 IMPLEMENTATION OF DPSP
• The right to education has now become justiciable right. This right allocates 25% seats to weaker section in govt as
well as private educational institution.
• Welfare schemes for weaker section are being implemented both by the center and the state govt.
• Several land reform acts were enacted to provide ownership rights to poor farmers.
• Our constitution does not guarantee the right to work but the national rual employment guarantee act 2005 was
quite a good beginning in this regards (100 days employment)
• PRI now cobers almost all states and UT.
• The minimum wages act was enacted to safeguard the interest of the workers.
• Because of lockdown due to Covid-19 the Union Govt had announced in march 2020 a scheme of free ration to
800 million people under the pradhan mantri Gareeb kalyan yojna. The govt extended the scheme upto nov 30
2020. in addition to 5 kg of rice or wheat per family member every month, the people also to get 1 kg of gram, an
important source of protein.
 RELATIONSHIP BETWEEN FR AND DPSP
1. Ordinarily the DPSP cannot take precedence over FR: since FR are justiciable, they are treated as being more important than
the DPSP.
2. The general welfare should prevail over the individual rights: the zamindari abolition act was challenged by the zamindars on
the ground that they went against their right to property. The govt contention was that for rural development small farmers
needed to be made owners of the land which they cultivated. Several state govt enacted land reforms act aimed at abolishment
of zamindari system and protecting tenancy rights of peasants and farmers. The SC upheld the abolition of zamindari since
that measure was for a public purpose. Similarly it ruled that the minimum wage act was in order. These and other decisions of
the court underlined the principle that general welfare shall prevail over individual right.
3. FR and DPSP complement and supplement each other: the rights proclaims that India is a liberal Democracy whereas DPSP
lays down the path of country's social and economic progress. Some left wing activist saythat the poor do not need FR. They
would only like DPSP to be implemented.
RIGHT TO PROPERT WHICH CEASES TO BE A FUNDAMENTAL RIGHT
The original constitution provided for the right to property under article 19 and 31. article 19 guaranteed to all citizens the right to
acquire, hold and dispose of property and article 31 provided that no person shall be deprived of his property save by authority of
law.
It is no more a fundamental right as it would be a great obstacle in the path to achieve a socialist society thus with 44 amendment
act 1978 right to property was deleted from fundamental right list and now a new article ie 300A was added which makes property
as a legal right
 FUNDAMENTAL DUTIES
42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86th Amendment Act 2002
later added 11th Fundamental Duty to the list. Swaran Singh Committee in 1976 recommended Fundamental Duties,
the necessity of which was felt during the internal emergency of 1975-77.The Fundamental Duties are dealt with
Article 51A under Part-IV A of the Indian Constitution.
• To oblige with the Indian Constitution and respect the National Anthem and Flag
• To cherish and follow the noble ideas that inspired the national struggle for freedom
• To protect the integrity, sovereignty, and unity of India
• To defend the country and perform national services if and when the country requires
• To promote the spirit of harmony and brotherhood amongst all the people of India and renounce any practices that are
derogatory to women
• To cherish and preserve the rich national heritage of our composite culture
• To protect and improve the natural environment including lakes, wildlife, rivers, forests, etc.
• To develop scientific temper, humanism, and spirit of inquiry
• To safeguard all public property
• To strive towards excellence in all genres of individual and collective activities
The 11th fundamental duty which was added to this list is:
• To provide opportunities for education to children between 6-14 years of age, and duty as parents to ensure that such
opportunities are being awarded to their child.