Our Fundamental Rights

There has been a constant conflict between man and the State. There have been adjustments in order to bring a parity between them but everything goes in vain. It is obvious, because if individuals are allowed to have absolute freedom of speech and action, the result would be chaos, ruin and anarchy.

On the other hand, if the State has absolute power to determine the extent of personal liberty against governmental power, it may try to suppress their due rights.

The success of a democracy like India largely depends on the extent to which civil liberties are enjoyed by the citizens in general. This measure is ensured by the means of fundamental rights as only a free society can assure the all-round progress of its members, this ultimately helps the advancement of human welfare. Fundamental rights are essential for the smooth functioning of a government.

The idea of including the list of fundamental rights in part III of the Indian Constitution, which was nascent in its nature, had excited the imagination of all political thinkers. Justiciable rights are those rights which can be enforced by a court of law. On the other hand, there are non-justiciable rights which are not enforced by a court such as right to employment and education.

There are basically six fundamental rights that an individual enjoys. All these rights are instrumental in developing an individual's personality and constitute his liberty - the most essential ingredient of human happiness and progress.

These six right can be classified as :

1. Right to Equality (Article 14-18): the State shall not deny to any person equality before Law or the equal protection of laws within territory. It also established equality before law and obligations of titles.

2. Right to Freedom (Article 19 - 22) : These form a charter of personal liberties, which provides backbone to fundamental rights, like freedom of speech and expression, of assembly and others.

3. Right against Exploitation (Article 23 - 24) : This right safeguards the integrity of an individual by prohibiting traffic in human beings and forced labour.

4. Right to Freedom of Religion (Article 25 - 28) : A secular state cannot deny individual from this right and its acts as a measure to check the religious
interference.

5. Cultural and Educational Rights (Article 29 - 30) : The need to preserve one's cultural heritage and educational background is important as country is in developing stages.

6. Right to Constitutional Remedies (Article 32 - 35) : This makes an individual feel the sense of being and the proper enforcement of Law in case of need. Thus we can see that all fundamental rights are framed in accordance with humane perspective and Judiciary is the guardian of all these rights.

References :
Constitution of India

Contributed by :
Rukmini Sinha - B.A.LL.B III Semester

Copyright @ Dehradun Law Review