Explain the significance of Fundamental Rights. Are Fundamental rights absolute? Explain. (10 marks, 150 words) (GS – 3 Polity)

Introduction

Fundamental Rights, enshrined in Part III of the Indian Constitution (Articles 12 to 35), are inspired by the U.S. Constitution’s Bill of Rights. Often referred to as the ‘Magna Carta’ of the Constitution, they safeguard individual freedoms and promote equality.

Significance of Fundamental Rights

1. Protection of Individual Freedoms
   • Article 21: Right to Life and Personal Liberty ensures protection against arbitrary detention and the right to live with dignity.
2. Equality and Non-Discrimination
   • Article 14: Equality before Law prohibits discrimination based on religion, race, caste, sex, or place of birth.
   • Article 15: Prohibition of Discrimination protects against bias on grounds of religion, caste, sex, etc.
3. Political and Civil Freedoms
   • Article 19(1)(a): Freedom of Speech and Expression guarantees the right to express opinions and media freedom.
   • Article 19(1)(b): Freedom of Assembly allows peaceful assembly without arms.
   • Article 19(1)(d): Freedom of Movement ensures the right to move freely across India.
4. Social Justice and Protection from Exploitation
   • Article 23: Prohibition of Traffic in Human Beings safeguards against forced labor and human trafficking.
   • Article 24: Prohibition of Child Labor protects children from hazardous employment.
5. Religious and Cultural Rights
   • Article 25: Freedom of Religion allows individuals to practice, propagate, and profess any religion.
   • Articles 29 & 30: Cultural and Educational Rights protect minorities’ rights to conserve their culture and establish institutions.
6. Right to Education
   • Article 21-A: Ensures free and compulsory education for children aged 6-14.
7. Right to Privacy
   • Article 21: Encompasses the right to personal privacy (Puttaswamy Judgment, 2017).

Limitations of Fundamental Rights

Fundamental Rights are not absolute and are subject to reasonable restrictions to balance individual liberties with societal needs:

1. Reasonable Restrictions
   • Article 19(2): Freedom of Speech can be restricted for public order, security, and morality.
2. National Security
   • Article 22: Preventive Detention allows restrictions for national security or during emergencies.
3. Emergency Provisions
   • Article 359: Fundamental Rights can be suspended during a national emergency.
4. Public Health and Morality
   • Article 25: Freedom of Religion can be restricted for public health and morality.
5. Protection of State Interests
   • Article 19(3): Freedom of Assembly can be limited to protect India’s sovereignty and integrity.
6. Social Justice and Protection of Vulnerable Groups
   • Article 15: Limitations ensure protection for women, children, and marginalized communities.

Conclusion

Fundamental Rights form the bedrock of individual freedom and equality in India. However, their application is balanced with the needs of society, security, and public order, ensuring a harmonious coexistence of personal liberties and collective welfare.