Fundamental Rights are those basic rights that the constitution has enshrined to safeguard people’s fundamental interests which are indispensable for people’s basic development of life and protection from all forms of injustice and if the rights are infringed the aggrieved person can approach the courts to find remedies. The courts can enforce and justify these rights to give people the freedom to develop their fullest capabilities so that they can realize themselves and be happy.
Why Fundamental Rights Are Called Fundamental?
Fundamental rights are called ‘fundamental’ because these are the basic human rights without which no person can seek to be himself at his best. These rights are enshrined in the constitution of the land and they are fundamental in the sense that they are justiciable rights enforceable by the courts and available to all citizens.
Fundamental rights are called so, in the sense that:
- These rights are essential for every citizen without which no person can fully develop his personal capabilities.
- The constitution of the land enshrined such rights.
- The aggrieved person can approach the courts if his fundamental rights are violated and the courts can enforce these rights.
- So, these rights are justiciable and enforceable by the courts.
- These rights are binding upon all public authorities, government authorities, local bodies and people.
What Are the Salient Features of the Fundamental Rights?
Fundamental rights are guaranteed in the constitution of the land and it has many salient features to safeguard people’s basic rights so that they can develop their personal capabilities to the fullest extent. I listed below some of the essential features of fundamental rights.
Integral Part of the Constitution: Fundamental rights are an integral part of the constitution and as such nobody can alter or take away these rights by ordinary legislation. Fundamental rights are fundamental in the sense that no ordinary law enacted by the legislature can violate or infringe these basic rights and if the latter is found to be derogatory will be declared null and void.
Comprehensive and Detailed in Nature: The chapter on fundamental rights in the constitution is the most comprehensive and detailed in nature. It’s not only comprehensive in explaining the details of each right but also in setting limitations and reservations with respect to the citizens of India.
Negative and Positive Rights: The fundamental rights as embodied in the constitution of India can be divided into two categories; namely the positive rights and the negative rights in terms of privileges. The negative rights are those that impose certain negative characters on the state and do not confer any special privilege on the citizens. Article 17 prohibits untouchability which is negative in character.
On the other hand, positive rights are those which confer special privileges on the citizens on the basis of applicable laws and equality. The right to equality, right to liberty, right to express opinions, etc come under this category.
All these rights Justiciable: All these fundamental rights are justiciable and enforceable. If someone infringes or violates one’s rights, the aggrieved person is entitled to move to the Supreme Court or High Court to protect his personal freedom and enforce his rights. The Supreme Court may declare any law enacted by the Legislature, any local body, or an agency as null and void if these laws are found to be contradictory or violative of fundamental rights. Thus the Judiciary is the custodian of these rights as enshrined in the constitution.
Restrictive in Nature: The constitution of India does not formulate and enact the fundamental rights in absolute terms. These rights are embodied for the general well-being of the citizens of India so that they can find the opportunity to develop their personal capabilities. The Judiciary can impose restrictions on the citizens if conferring such rights is found to be jeopardized or harmful to the integrity of the state, national interest, or security of the state. Article 19 has envisioned such conditions. Article 16 too has certain restrictions in applying the role of reservations.
Suspension of Rights: The fundamental rights as embodied in our constitution are formulated for social welfare, however, these are uncontrolled in absolute terms. The Judiciary is the custodian of the rights and the President of India may suspend all or any of those rights and even he may suspend the rights of the people to move to the Supreme Court for the enforcement of the fundamental rights during a national emergency.
Ony Citizens Enjoy Fundamental rights: Another salient feature of the fundamental rights as encapsulated in the constitution of India is that there are certain special governing rules in enjoying these rights when they come to the citizens of India and foreigners. Some rights are reserved only for the citizens while the rest are for all, the citizens and aliens. Right to protection of life, right to exercise religion, and right against exploitation is for both the citizens and aliens alike but other rights like the right to equality give privileges to the citizens of India only.
Fundamental Rights are Amendable: The forefathers of the constitution of India formulated these rights in such a way that they envisioned the basic philosophy of amenability, not abrogation. So, the fundamental rights can be amended but can’t be abrogated, as the latter will violate the basic structure of the constitution.
So, D.D. Basu says, “They expressly seek to strike a balance between a written guarantee of individual rights and the collective interest of the community.”
The Fundamental Rights are the essential rights without which we can’t develop our personal capabilities to the fullest extent. The constitution of India has made these rights under articles 12-35 for the welfare of the citizens of India and the aliens though there exist certain restrictions, applicability, privileges, and the envisioned philosophy of suspension and amenability under certain circumstances to a certain extent under the custody of the Supreme Court.