Constitution Secures Fundamental Rights
Being that one group dominates and the fundamental rights say that they should not and then it is not to be seen in the narrow perspective of state versus citizens; rather it has to be seen in the wider perspective of dominated versus dominating.
The basic purpose of fundamental rights is to ensure the maximum reduction of group domination in certain areas. Also, they confer justifiable rights on the people which can be enforced through Courts and they constitute limitation or restriction on the government’s action.
The fundamental rights are primarily meant for the protection of the individual against the state. but this should not be seen as an individual versus state conflict. The state itself is the means of the realization of the rights of the individual. The state can guarantee the rights of the individual vis-a-vis the other individuals. But what of the rights of the individual against the state itself? This is guaranteed by the Fundamental Rights.
This concept also finds its origins in the social contract theory as propounded by Locke, Rousseau, and Hobbes. Hobbes said people have, in a kind of social contract with the state, parted away with their rights and have vested them in the State. The state, in turn, undertakes to protect these rights.
The purpose of fundamental rights is not actually that of curtailing something from the state but to ensure a better life for the people who ultimately constitute the state itself. Fundamental Rights were made by Constitution workers to secure certain basic, natural, and inalienable rights, these rights have been declared so that human liberty may be preserved, human personality is developed and effective social and democratic life can be promoted.
Fundamental Rights ensure that there is a government of law and not of man in the country. The object is to establish a rule of law and the Indian constitution goes much beyond- the object is not only to provide security and equality of citizenship of the people and thereby helping nation-building but also to provide certain standards of conduct citizenship justice and fair play.
SC in Maneka Gandhi v. The Union of India observed that the fundamental right is to protect the dignity of a person and provide an environment in which a person can create his personality development to a full extent.
SC in Society for unaided private schools of Rajasthan v. The Union of India held that fundamental rights work as a fetter on legislative powers and provide conditions for the full development of citizens.
SC in Olga Tellis v. Bombay municipal corporation held that fundamental rights also provide the right to livelihood as it is part of a person’s life and dignity.
Fundamental Rights of Indian Citizens
Part-III (Article 12-35) of the Indian Constitution provides Fundamental Rights, these are the basic rights guaranteed by the Constitution of India itself. All the six Fundamental rights are as follows:
- Right to Equality – Article 14-18
- Right to freedom – Article 19-22
- Right against exploitation – Article 23-24
- Right to freedom of Religion – Article 25-28
- Cultural and Educational Rights – Article 29-30
- Right to constitutional Remedies – Article 32-35
Table of Content
- What are Fundamental Rights?
- Fundamental Rights of Indian Citizens
- History of Fundamental Rights
- Constitution Secures Fundamental Rights
- Fundamental Rights: Available to citizens vs non-citizen
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