Fundamental rights are those rights which has been implemented and provided by the constitution of India to protect the individual rights and these are guaranteed and protected by the constitution through three bodies of government that is legislature, executive, judiciary.
Each and all individual no matter from which religion,category,caste, community he belongs he will be given protection by the government and constitution of India. He can defend his case in court if he feels that his fundamental rights has been violated by any sort of people, group, community or action of the state or centre.
History of the fundamental rights
Fundamental rights are well written in the constitution of India under article 14 to 34, and this gives absolute power to an individual to defend and claim for his or her right in front of judiciary and government
,in case it is violated. The constitution of India strongly support the principle that every single person or citizen of the India is eligible to enjoy certain rights and the enjoyment of these certain rights does not emphasizes upon the will of majority or minority.
The history of fundamental rights in India has started before the Independence through Nehru Report of 28-30 August, 1928 which was an announcement outlining a proposed new dominion status constitution for India. It was made by a committee of the All Parties Conference (APC) headed by Motilal Nehru with his son Jawaharlal Nehru serving as secretary.
And so it was a compulsory that after independence the free India will going to have a written constitution consisted of special fundamental rights to protect the basic liberties of each individual, such as freedom of speech, movement, equality, right to education, equal protection of rights, right to constitutional remedies etc.The fundamental rights evolved from the ‘natural rights’. The natural rights are those rights which are very important for the existence of humankind on earth.
Political scholars emphasizes upon the premise that there are some fundamental natural rights, that are “life, liberty, and property.” Scholars like Locke believed that the most basic human law of nature is the preservation of mankind.
The constitution of India has adopted on 26 January 1950, and in the constitution of India consisted of several law ls,amendments, articles and one of the most important thing is fundamental rights and directive principles of the states.
There are six fundamental rights that have been mentioned in the constitution of India:
- Right to Equality
- Right to freedom
- Right against exploitation
- Right to freedom of religion
- Cultural and educational rights
- Right to constitutional remedies.
Right to equality:
- Equality before law and equal protection of laws.P
- Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth with Equal access to shops,hotels, well, tanks, bathing ghats, roads etc.
- Equality of opportunity in public employment.
- Abolition of untouchability and abolition of titles.
Right to freedom:
- Protection of right to freedom of speech and expression:
- assemble peacefully;
- form associations and unions;
- move freely throughout the territory of India;
- reside and settle in any part of India;
- practice any profession, trade or business.
- Protection in respect of conviction of offences.
- Right to life and personal liberty.
- Right to education.
- Protection against arrest and detention in certain cases.
Right against exploitation-
- Prohibition of traffic in human beings and forced labour.
- Prohibition of employment of children in hazardous jobs.
Right to freedom of religion
- Freedom of conscience and free profession, practice and propagation of religion.
- Freedom to manage religious affairs.
- Freedom to pay taxes for promotion of any particular religion.
- Freedom to attend religious instruction or worship in certain educational institutions.
Cultural and educational rights and right to constitutional remedies
Cultural and educational rights provide protection of language ,culture of minorities and rights of minority to establish educational institutions. Right to constitutional remedies give right to to an individual to move to the Courts to issue direction, orders, writs or enforcement of rights.
Under Right to Constitutional Remedies, an individual can move to the court for the enforcement of the rights. For making this more effective our constitution provided 5 writs that are:-
- Habeas corpus
- Quo warranto
These five writs can be only issue by supreme Court of India and high courts of the India to get any of the fundamental rights restored in case of their violation.
The father of Indian Constitution Dr. BR Ambedkar quoted that “right to constitutional remedies” are the ‘heart and sou’l of the constitution because according to him this fundamental right gives power to any individual of the society to move to the supreme court and high Courts of India for seeking justice.
Directive principles of State policy-
DPSP or directive principles of the state policy are the guidelines and instructions which have been written in the constitution to give directions to the state governments for the protection of entire society and groups and unlike fundamental rights which only works for the individuals but DPSP are mainly focus on to the well being and welfare of the entire society and ultimately for the whole country together.
Directive principles were written in the 4th part of the constitution.
The makers of the constitution envisaged that these dpsp will going to guide the future state governments while making policies for the well-being and betterment of the citizens of the states. But unlike fundamental rights which are enforceable in a court of law, DPSP cannot be enforced in the court of law which means a person cannot go to the judiciary or Court for enforcement of any particular policy or scheme.
But, in practicality State governments take this directive principles strictly under consideration so that they can accumulate the attention of voters and seek to keep themself in the power.
Some achievement of DPSP are:-
- Providing adequate means of livelihood
- Equal wages for men and work for the same job.
- Nationalization of banks
- Right to education
- Maternity concession
- Uniform civil code
- Prohibition of consumption of alcoholic liquor
- Promotion of cottage industries
- Prevention of slaughter of useful cattle
- Promotion of village panchayat.
- Rights against economic exploitation
- Early childhood care and education to all children below the age of 14 years.
Relationship between directive principles of state policies and fundamental rights
- Fundamental rights are written in the third part and DPSP is written in the fourth part of the constitution.
- Fundamental rights are enforceable under the constitution of India but on the other hand DPSP is not enforceable or non justiciable in the court of law.
- Fundamental rights put limits on the actions of the state governments and on the other hand DPSP are set up in such a manner which promotes the state government to work for the betterment of all the citizens of the state.
- Fundamental rights envisaged for the establishment of political democracy by guaranteeing equality, liberty, religious freedom and cultural rights.
- DPSP envisaged for the establishment of economic democracy by promoting justice in social,economic,and political order.
- DPSP needs legislation for the implementation and on the other hand fundamental rights depends upon judiciary for the protection.