Fundamental and Human Rights

86th amendment in 2002

Dr. B.R. Ambedkar described Article 32 (Right to Constitutional Remedies) as the heart and soul of the Constitution. This Article empowers citizens to move the Supreme Court for enforcement of fundamental rights, making other rights meaningful. Without this remedy mechanism, fundamental rights would be mere declarations without practical effect.

Fundamental Rights are enshrined in Part III of the Indian Constitution, covering Articles 12 to 35. Article 12 defines 'State', while Articles 13-35 contain the various fundamental rights. Articles 29-50 include Directive Principles (Part IV) and Fundamental Duties, while Articles 36-51 cover Directive Principles specifically.

The Right to Equality is guaranteed by Articles 14 to 18 in Part III of the Constitution. Article 14 guarantees equality before law and equal protection of laws, Article 15 prohibits discrimination, Article 16 ensures equality of opportunity in public employment, Article 17 abolishes untouchability, and Article 18 abolishes titles. Other options cover different rights - Articles 20-24 relate to protection in conviction, and Articles 13-17 is an incorrect range.

The 44th Constitutional Amendment (1978) removed the Right to Property from Part III (Fundamental Rights) and reconstituted it as a legal right under Article 300A. This means it is now a statutory right enforceable through ordinary courts, rather than a fundamental right enforceable through the Supreme Court under Article 32. Rights to freedom, equality, and constitutional remedies remain fundamental rights.

Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty) cannot be suspended even during a national emergency under Article 359. All other fundamental rights can be suspended. This is a critical safeguard against arbitrary state action even in extraordinary times. Right to equality, freedom of speech, and constitutional remedies can all be suspended during emergency.

Preventive detention laws allow the state to detain individuals without trial to prevent potential future threats. This directly curtails Article 19 (freedom of speech, movement, association) and Article 21 (personal liberty) rights. Article 22 provides safeguards for preventive detention, but the practice itself restricts fundamental freedoms. Right to equality and anti-exploitation provisions are not directly affected by preventive detention.

Habeas Corpus (Latin for 'you may have the body') is a writ that protects individual freedom against illegal detention. It compels authorities to produce a detained person before court to determine legality of detention. Mandamus directs official duty, Quo Warranto challenges position holding, and Certiorari quashes lower court orders.

The right against exploitation, given in Articles 23 and 24, provides for two provisions, namely the abolition of trafficking in human beings and Begar (forced labour) and abolition of employment of children below the age of 14 years in dangerous jobs like factories and mines.

Under Indian Penal Code, right of private defence is available to every person, irrespective of age and capacity as provided under Section 96.

Right to equality is a fundamental right. It is not included in Directive Principle of state policy.

Right to contest elections of local bodies is a statutory right under the 73rd and 74th Constitutional Amendments, not a fundamental right. The other three - equality, freedom of speech (under Right to Freedom), and against exploitation - are all fundamental rights in Part III of the Constitution.

Article 32 of the Indian Constitution deals with Right to constitutional remedies. It states that whenever there is a violation of fundamental rights by the Parliament or any state assembly, it can be challenged in the Supreme Court under article 32. 

Article 22 of Constitution of India deals with protection against arrest and detention in certain cases. 

Part IV (Directive principles of state policy) of the Constitution of India is not enforceable by any court, but the principles laid down therein are considered fundamental in the governance of the country making it the duty of the State to apply these principles in making laws to establish a just society in the country.