#Day 8 (CLAT 2022 Study Plan): Constitution of India Part 2: Fundamental Rights

The article at hand is part of the study plan focused on your preparation for CLAT 2022. Start clearing your basics at an early stage to ace CLAT 2022. Please follow the study plan regularly for a comprehensive guide towards enhancing your preparation and booking a seat in Top Law Schools of India.

The Constitution of India is the father of all laws and legislations in the country. In other words, it is the supreme law of the land and hence, each legal provision existing in the country by virtue of any statute, legislation, act, or code had to be in conformity with the constitutional values.

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Therefore, it is a crystal-clear fact that the Constitution is the most prominent legal document in our country. Thus, the knowledge of the Indian Constitution is considered as the ‘grundnorm’ for every person engaged in the legal fraternity, including Law students. Even the Supreme Court of India has pronounced in a no. of cases that basic knowledge of the Constitution should be imparted to students in all schools.

The Constitution of India is the lengthiest constitution in the world with 395 articles (the actual number as of now is 450+). Studying it wholly is a monotonous task for any law aspirant, that’s why there are certain Parts & Provisions (Articles) of the Constitution that are most significant from your Entrance Examination’s point of view.

Understanding the concept of Fundamental Rights

Part-III (Article 12-35) of the Constitution of India enshrines Fundamental Rights. It is a mammoth portion of our constitution and a majority of adjudication by our High Courts and Supreme Court is done in this regard only, as provided under Article 226 and Article 32 respectively.

Fundamental Rights are the basic rights that every human being possesses by virtue of being human in order to live a just and dignified life. That’s why Fundamental rights are also called Natural Rights or Human Rights. Unlike all other rights that are protected by ordinary laws, fundamental rights are guaranteed and protected by the Constitution itself. Moreover, it should be noted that Fundamental rights are available to an individual only against ‘State action’ and not against acts of a private individual.

Origin of Fundamental Rights:

• Borrowed from the S Constitution (Bill of Rights).
• Fundamental Rights are also known as the Magna Carta of India. Magna Carta came in 1215 and it was the World’s first written document related to the Rights of the citizen.
• The BN Rau and Frankfurter Story/Episode:

During the Making of the Indian Constitution, B.N Rau (Constitution advisor to constituent assembly) visited the U.S.A to get an idea for Fundamental Rights. There he met Justice Frankfurter of the American Supreme Court who advised him not to include ‘due process of law’ as in the U.S Constitution and at its place ‘Procedure established by law’ was opted.

• Universal Declaration of Human Rights, 1948 was signed in Paris on 10^th December 1948. It is the most significant international document related to the Fundamental rights of people, and India was a signatory to it. Most of the Fundamental Rights in the Indian constitution are also stated in UDHR, 1948.
• 10^th December, the date on which this document was signed is celebrated as International Human Rights Day every year.

There are a total of Six Fundamental Rights in our Constitution, namely:

1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32-35)

Following are the articles related to the fundamental rights-

A. 12- Definition of the State
B. 13- Laws inconsistent with part-3 or Fundamental Rights

Following is the segregation of the Fundamental Rights

C. Right to equality (Articles 14–18)
  (a) Equality before the law and equal protection of laws (Article 14).
  (b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
  (c) Equality of opportunity in matters of public employment (Article 16).
  (d) Abolition of untouchability and the prohibition of its practice (Article 17).
  (e) Abolition of titles except military and academic (Article 18).

D. Right to freedom (Articles 19–22)

(a) Protection of six rights regarding freedom of (Article 19):

1. Speech and Expression
2.  Assembly
3.  Association
4. Movement,
5. Residence, and
6. Profession

(b) Protection in respect of conviction for offences (Article 20).
(c) Protection of life and personal liberty (Article 21).
(d) Right to elementary education (Article 21A).
(e) Protection against arrest and detention in certain cases (Article 22).

Right against exploitation (Articles 23–24)

• (a) Prohibition of traffic in human beings and forced labour (Article 23).
  (b) Prohibition of employment of children in factories, etc. (Article 24).

Right to freedom of religion (Article 25–28)

(a) Freedom of conscience and free profession, practice and propagation of religion (Article 25).
(b) Freedom to manage religious affairs (Article 26).
(c) Freedom from payment of taxes for promotion of any religion (Article 27).
(d)Freedom from attending religious instruction or worship in certain educational institutions (Article 28).

Cultural and educational rights (Articles 29–30)

(a) Protection of language, script and culture of minorities (Article 29).
(b) Right of minorities to establish and administer educational institutions (Article 30).

Right to constitutional remedies (Article 32)- Heart and Soul of the Constitution.

Right to move the Supreme Court for the enforcement of fundamental rights including the writs of
(i) habeas corpus, (ii) mandamus, (iii) prohibition, (iv) certiorari, and (v) quo warranto (Article 32).

• Article 33 deals with the power of Parliament to modify fundamental rights.
• Article 34 deals with Martial Law
• Article 35 deals with legislation required to deal with fundamental rights
• Fundamental Rights which are available to only citizens - 15, 16, 19, 29 and 30.
• Fundamental Rights those are available to both citizens as well as non-citizens – 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27 and 28.

Some Essential Constitutional G.K. Snippets related to Fundamental Rights from your Entrance Examination’s Point of view are laid below:

• The Constituent Assembly that was constituted for framing of the Indian Constitution had a separate Committee for Fundamental Rights.
• The Committee was named ‘Advisory Committee on Fundamental Rights, and its chairman was Sardar Vallabhbhai Patel.
• Originally there were 7 Fundamental Rights in the constitution but in 1978, by virtue of the 44^th amendment, the Right to Property ceased to be a fundamental right and Article 31 was omitted. It is now only a Constitutional Right under Article 300A.
• Right to education was added as a fundamental right by the 86^th amendment in 2002 with the insertion of Article 21A.
• Golden Triangle of the Constitution- Article 14, 19 and 21 forms the Golden Triangle of the Constitution, due to their utmost significance.

• During Emergency Article 19 is the first article that is suspended.
• Article 20 (Protection in respect of conviction for offenses) and Article 21 (Protection of life and personal Liberty) are never suspended in any Emergency.
• Fundamental rights include all Civil & political rights, whereas Economic, social, and Cultural Rights are included in the Directive Principles of State Policy (DPSP).
• Unlike DPSP, Fundamental rights are Justiciable, i.e. Judicially enforceable by virtue of Article 32.
• With the onset of Judicial Activism in the country, the Supreme Court of India has interpreted the meaning of various Fundamental rights and widened its scope by including a number of other rights within its ambit.
• Among them, the Article that has been interpreted most widely in a number of judicial pronouncements by the Supreme Court is Article 21.

Some important cases in relation to it are:

1. Husainara Khatoon vs the State of Bihar: In this case ‘Right to free legal aid’ that is a DPSP under Article 39 was read into Article 21 as a Fundamental Right.

2. Parmananda Katara vs Union of India: In this case, the Supreme Court held ‘Right to Health’ as a Fundamental Right under Article 21.

3. Medha Patekar vs UOI: In the instant case Right to Water was included within the ambit of Article 21

4. Re Ramleela Maidan case: The apex court help that the Right to Sleep was a Fundamental right within the meaning of Article 21.

5. K Puttuswamy v UOI: Right to Privacy was held to be a fundamental right within the meaning of Article 21.

6. PUCL vs UOI: Supreme Court held that the Right to Food is a fundamental right under Article 21.

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