THE ROLE OF CONSTITUTION IN PROTECTING FUNDAMENTAL RIGHTS

 

Topic name –

THE ROLE OF CONSTITUTION IN PROTECTING FUNDAMENTAL RIGHTS

Author- Sunaina kumari, B.A.LLB(Hons), C.M.P. Degree College, University of Allahabad, Prayagraj

Abstract –

Fundamental rights are very important for the growth and development of every person. That’s why they are included in the Indian Constitution. The Constitution gives six fundamental rights to all Indian citizens. If these rights are denied or violated, people can go to the courts to get justice.

Along with rights, there are also fundamental duties. These duties are listed in Article 51A, Part IVA of the Constitution. At present, there are 11 fundamental duties. These were not originally part of the Constitution but were added in 1976 through the 42nd Amendment.

It is important for every citizen to know their rights; it is equally important to follow their duties. These duties remind us to respect the country, follow the law, and help keep India united. They encourage a feeling of patriotism and help build a strong and responsible nation for everyone.

 

Introduction –

A constitution is the highest and most important law in any democratic country. It explains how the country should be run and gives power to different parts of the government, like the parliament, the courts, and the president or prime minister. One of the most important things a constitution does is protect the rights of the people.

These rights, called fundamental rights, are basic freedoms that every person should have. They allow people to live with respect, make their own choices, and be treated fairly. Some examples include the right to speak freely, the right to practice any religion, and the right to equality.

The constitution makes sure that the government cannot take away these rights without a good reason. It also gives people the power to go to court if their rights are being denied.

By protecting these rights, the constitution helps create a fair and equal society. It ensures that everyone, no matter who they are, has the same basic protections. This is important for making sure democracy works properly. Without these rights, people could be treated unfairly or unequally. That’s why the constitution is so important, it keeps the country fair and protects the freedom of its people.

UnderstandingFundamental Rights

Fundamental rights are basic legal protections that every person has. They keep people safe from unfair treatment by the government and make sure everyone is treated equally, freely, and fairly. These rights are often based on important global agreements, like the Universal Declaration of Human Rights (UDHR), which was created in 1948.

In countries like India, Fundamental Rights are written in Part III of the Constitution, from Articles 12 to 35. These rights include:

·         Right to Equality (Articles 14–18)

·         Right to Freedom (Articles 19–22)

·         Right against Exploitation (Articles 23–24)

·         Right to Freedom of Religion (Articles 25–28)

·         Cultural and Educational Rights (Articles 29–30)

·         Right to Constitutional Remedies (Article 32)

These rights are justiciable, meaning that they can be enforced by the courts, particularly the Supreme Court and High Courts through writs.

Constitution provisions

The Fundamental Rights in the Indian Constitution are enshrined in Part III,  

specifically in Articles 12 to 35.

 

1.       Right to equality (Articles 14-18)

·         Article 14: Equality before the law and equal protection of the law.

·         Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of Birth.

·         Article 16: Equality of opportunity in matters of public employment.

·         Article 17: Abolition of “untouchability.”

·         Article 18: Abolition of titles and the prohibition of titles from being conferred by the state.

 

2.       Right to freedom (Articles 19-22)

 

·         Article 19: Protection of certain rights regarding freedom of speech, expression, assembly, association, movement, residence, and profession.

·         Article 20: Protection in respect of conviction for offenses, including protection against double jeopardy and self-incrimination.

·         Article 21: Protection of life and personal liberty.

·         Article 21A: Right to education for children aged 6-14.

·         Article 22: Protection against arrest and detention in certain cases.

 

3.       Right against exploitation (Articles 23-24)

 

·         Article 23: Prohibition of traffic in human beings and forced labor.

·         Article 24: Prohibition of employment of children in factories, mines, and hazardous jobs.

 

4.       Right to freedom of religion (Articles 25-28)

 

·         Article 25: Freedom of conscience and free profession, practice, and propagation of       religion.

·         Article 26: Freedom to manage religious affairs.

·         Article 27: Freedom from payment of taxes for promotion of any particular religion.

·         Article 28: Freedom from attending religious instruction or worship in certain educational institutions.

 

5.       Cultural and educational rights (Articles 29-30)

 

·         Article 29: Protection of interests of minorities.

·          Article 30: Right of minorities to establish and administer educational institutions.

 

6.       Right to constitutional remedies (Article 32)

 

·         Article 32: Right to move the Supreme Court for the enforcement of Fundamental Rights. This is often referred to as the “Right to Constitutional Remedies.”

 

Importance of fundamental rights

 

 Fundamental Rights play a crucial role in the functioning of a democratic society and in upholding the dignity, freedom, and well-being of individuals. Their importance lies in several important aspects:

 

·         Protection of individual liberties: Fundamental Rights ensure that individuals have the freedom to express themselves, practice their religion, assemble peacefully, and engage in various activities without fear of government interference or oppression. These rights provide a shield against arbitrary actions by the state and promote individual autonomy.

 

·         Rule of law: Fundamental Rights are usually enshrined in a country's constitution or legal framework. This establishes a framework of laws that apply equally to all citizens, including those in positions of power. The rule of law ensures that even the government must operate within defined limits and cannot infringe upon citizens' rights without due process.

 

·         Socialjustice: Fundamental Rights often include provisions aimed at promoting social justice. They guarantee access to education, healthcare, housing, and other basic needs, helping to reduce inequalities and improve the overall well-being of citizens.

 

·         Prevention of abuse of power: Fundamental Rights serve as a check on government power. They restrict the state from arbitrarily depriving citizens of their rights and prevent abuses of authority. Citizens can challenge government actions that violate their rights through legal means.

 

Challenges in the Protection of Fundamental Rights

1. State Overreach and Misuse of Power

In many cases, governments enact laws that curtail fundamental freedoms in the name of national security, public order, or morality. Laws such as preventive detention, censorship, or surveillance powers often infringe on personal liberties and privacy.

 

2. Judicial Delays and Accessibility

Even though courts are empowered to protect rights, long delays, high costs, and complex procedures often make justice inaccessible to the poor and marginalized.

 

3. Lack of Awareness

A significant portion of the population is unaware of their fundamental rights, which leads to their violation going unchallenged. Education and legal literacy are essential for the effective exercise and defense of these rights.

 4. Social Inequality

Rights on paper may not translate into reality for disadvantaged communities.

Discrimination based on caste, gender, religion, or economic status often 

persistsdespite constitutionalprohibitions, indicating a gap between law and

                           practice.

5.Executive Interference

 

                        Sometimes, political interference in the judiciary or misuse of investigative 

  agenciescanweaken the independence of institutions tasked with upholding

                            the constitution.

 

 

Real – world impact of constitutional protection

 

When the Constitution protects our rights, it means the government must respect them, and people can get help from the courts if their rights are not followed. This has many good effects in real life:

1.      Fair Treatment – If someone is treated badly because of their caste, religion, or gender, they can ask for justice using the Constitution.

2.      Freedom to Speak – People can share their thoughts, speak against wrong things, and take part in peaceful protests without fear.

3.      No Child Labor – The Constitution helps stop children from being forced to work and helps them get education instead.

4.      Freedom of Religion – Everyone can follow any religion or choose not to follow any. This helps different communities live together in peace.

5.      Help from Courts – If someone’s rights are taken away, they can go to court. For example, if a person is jailed without reason, the court can order to free them.

For example landmark cases; such as Kesavananda Bharti v. Stateof Kerala (1973), Maneka Gandhi v. Union of India (1978) , and Navtej Singh Johar v. Union of India (2018). The judiciary has upheld and expended the scope of fundamental rights, further strengthening the constitutional framework.

Constitutional protection helps people live freely, equally, and with respect. It keeps the country fair and just for everyone.

 

Conclusion

The Constitution plays a very important role in protecting our Fundamental Rights. These rights are the basic freedoms that every person should have, like the right to equality, freedom of speech, and the right to live with dignity. The Constitution makes sure that no one, not even the government, can take away these rights without a strong reason. It acts like a shield that protects people from unfair treatment, injustice, and misuse of power.

By including these rights in the Constitution, India ensures that all citizens are treated fairly and equally. If someone’s rights are denied, they have the power to go to court and get justice. This gives people confidence that the law is there to protect them.

The Constitution also helps in creating a society where everyone can live freely, express their opinions, follow their religion, and get equal chances in life. It builds the foundation for a strong democracy, where the voices of all people are heard and respected.

 

Bibliography

1.       The Constitution of India – Government of India Publication.

2.       M.V. Pylee – India’s Constitution

3.       National Human Rights Commission – Booklets and Reports on Fundamental Rights

• The Role of Constitution in Protecting Fundamental Rights in India

• 
  Explore how the Indian Constitution safeguards fundamental rights through key provisions, judicial interpretations, and constitutional remedies ensuring justice, liberty, and equality for all citizens.

• • Constitution of India
  • Fundamental Rights
  • Protection of Rights
  • Role of Constitution
  • Indian Judiciary
  • Constitutional Remedies
  • Article 32
  • Human Rights in India