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Fundamental Rights Explained: The Magna Carta of India (Articles 12-35)

Introduction

Part III of the Indian Constitution is often described as the Magna Carta of India. It contains a long and comprehensive list of ‘justiciable’ Fundamental Rights (FRs). These rights are fundamental because they are guaranteed and protected by the Constitution, which is the fundamental law of the land.

1. Why "Fundamental"?

They are essential for the all-round development (material, intellectual, moral, and spiritual) of the individuals. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

2. Classification of Fundamental Rights

Originally, the Constitution provided for seven categories. Currently, there are six:

1. Right to Equality (Articles 14–18): Includes equality before law and prohibition of discrimination.
2. Right to Freedom (Articles 19–22): Includes freedom of speech, assembly, association, movement, residence, and profession.
3. Right against Exploitation (Articles 23–24): Prohibition of forced labor and child labor.
4. Right to Freedom of Religion (Articles 25–28): Secularism in action.
5. Cultural and Educational Rights (Articles 29–30): Protection of minorities.
6. Right to Constitutional Remedies (Article 32): The heart and soul of the Constitution.

3. Article 32: The Heart and Soul

Dr. Ambedkar called Article 32 the most important article. It gives the right to move the Supreme Court if FRs are violated. The SC can issue writs.

Types of Writs

• Habeas Corpus: "To have the body of". Against illegal detention.
• Mandamus: "We Command". To a public official to perform duty.
• Prohibition: To a lower court to stop jurisdiction excess.
• Certiorari: To quash the order of a lower court.
• Quo-Warranto: "By what authority". Checking legality of claim to public office.

4. Are they Absolute?

No. They are subject to reasonable restrictions. E.g., Freedom of Speech is restricted by sovereignty of India, public order, and morality.

Conclusion

Fundamental Rights are the bedrock of Indian democracy. They ensure that the state exists for the individual, and not the other way around.