Relevance: Prelims/Mains: G.S paper II: Indian Polity: Constitution
- Part-III of the Indian constitution contains fundamental rights which stretched from Article 12 to 35.
- The entrenched Fundamental Rights have a dual aspect. One, they confer justiciable rights on the people which can be enforced through the Courts against the government.
Second, they also constitutes restrictions and limitations on government actions. Thus, a government cannot take any action, administrative, legislative or punitive by which any fundamental right is infringed.
- Entrenchment means that the guaranteed rights under Part III of the Constitution cannot be taken by ordinary law and such law curtailing any fundamental rights would be declared unconstitutional on judicial review.
- As per Supreme Court has pointed out, the purpose of enumerating fundamental rights in the Constitution “is to safeguard the basic human rights from the vicissitudes of political controversy and to place them beyond the reach of political parties who by virtue of their majority, may come to form the government at the Centre or the State.”
- However, fundamental rights are not absolute rights and are subject to reasonable restrictions imposed in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
The Fundamental Rights in the Indian Constitution have been grouped under the following heads:
Right to Equality–Article 14 – 18
Right to Freedom–Article 19 – 22
Right Against Exploitation–Article 23 – 24
Right to Freedom of Religion–Article 25 – 28
Cultural and Educational Rights–Article 29 – 30
Right to Constitutional Remedies–Article 32 – 35
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