This article has been written by Ms. Aadya Sharma, a 3^rd year BBA.LLB (Hons) student from Shri Ramswaroop Memorial University, Lucknow.

INTRODUCTION

In order to safeguard citizens’ individual liberties and freedoms, India’s constitution contains a lengthy and detailed list of fundamental rights. These rights, which are guaranteed under Part III of the Indian Constitution, are regarded as the foundation of the nation’s democratic structure.

Many civic, political, economic, and social rights are included in the Indian Constitution’s list of fundamental rights. The right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the right to cultural and educational rights, and the right to constitutional remedies are a few of the most important rights. 

All citizens have the right to equality under the law, which forbids discrimination on the grounds of race, gender, caste, or place of birth. Freedom of assembly, freedom of speech, and freedom to engage in any profession, occupation, or trade are all examples of rights to freedom. Forced labour, human trafficking, and other types of exploitation are all prohibited by the right against exploitation. Individuals have the ability to practise the religion of their choosing, and cultural and educational rights ensure that linguistic and cultural diversity are protected. The right to constitutional remedies is another provision of the Constitution that gives people a way to seek judicial redress if the government or another body violates their fundamental rights.

Fundamental rights are justiciable in many democracies, which means that anyone can go to the courts to ask for their protection and enforcement. The judiciary has the authority to invalidate laws that go against basic rights. In accordance with strict constitutional procedures, fundamental rights are dynamic and may occasionally be changed to reflect shifting social and political conditions.

 In general, the fundamental freedoms guaranteed by the Indian Constitution are essential for safeguarding individual liberties and guaranteeing the democratic and egalitarian government of the nation.

FEATURES OF FUNDAMENTAL RIGHTS

• Constitutional status: Fundamental rights are typically guaranteed by the constitution of each nation. They are acknowledged as being of the utmost importance and have constitutional standing.
• Non-Discriminatory: Fundamental rights are non-discriminatory and apply to all citizens equally, regardless of their gender, colour, religion, or other traits. They make certain that each citizen can enjoy their rights without fear of discrimination and that they all have equal access to opportunity.
• Negative and Positive Obligations: The state is subject to negative obligations under fundamental rights, which call for it to refrain from interfering with them. The state may also be subject to positive obligations as a result of these rights, which means that it must take action to guarantee the protection and fulfilment of these rights. 
• Justiciable: Fundamental rights are justiciable in many democracies, which means that anyone can go to the courts to ask for their protection and enforcement. The judiciary has the authority to invalidate laws that go against basic rights.
• Subject to reasonable restrictions: Fundamental rights are crucial for safeguarding individual liberties and freedoms, but they are also subject to reasonable limitations for the sake of security, morality, and public order. From one nation to the next, these limits’ reach may be different.
• Dynamic: Fundammental rights are flexible and can occasionally be changed to suit shifting social and political conditions. Yet, any modifications to fundamental rights often call for broad support and must adhere to rigid constitutional standards.

NECESSITY OF FUNDAMENTAL RIGHTS AND JUSTIFICATION

There are various reasons why fundamental rights are vital. These rights give people the necessary defences and safeguards against the government’s and other entities’ abuse of their authority. Some of the main justifications for the necessity of fundamental rights include the following:

• Protection of individual liberties: Fundamental rights guarantee that people have the protection and freedom they need to enjoy their rights and lead free lives devoid of concern for arbitrary state or other entity intrusion. They support the preservation of individual liberties like the right to a fair trial, freedom of speech, and freedom of religion.
• Limitation of state power: By offering a framework for the defence of personal liberties, basic rights seek to restrain the authority of the government and make sure that citizens’ rights are not violated. They serve to restrain the state’s authority and stop its arbitrary use.
• Promotion of social justice: By guaranteeing that everyone is treated fairly and has access to the same opportunities, fundamental rights advance social justice. They aid in preventing discrimination against persons on the basis of their gender, colour, religion, or other traits.
• Safeguard against tyranny: By giving citizens the necessary defence against the abuse of power by the state or other entities, fundamental rights act as a deterrent to tyranny. They give a means of recourse in the event that citizens’ rights are violated and aid in preventing such abuses.
• Promotion of economic growth and development: By guaranteeing that people have the required freedom to engage in economic activity and create wealth, fundamental rights can significantly contribute to encouraging economic growth and development. For instance, the ability to own property, which in many democracies is a fundamental right, can give people the motivation they need to engage in the economy and generate jobs.
• Protection of minority rights: Protecting minority groups’ rights and ensuring their access to fair opportunities depend on fundamental rights. Fundamental rights can act as a safeguard against such abuses because minority rights are frequently susceptible to misuse by the majority.

CONCLUSION

Modern democracies cannot function without fundamental rights, which protect against the abuse of authority and guarantee that people have the freedom they need to live their lives with dignity and autonomy. These rights are of the utmost significance because they are frequently guaranteed by the constitution and have constitutional validity. 

Generally speaking, fundamental rights are non-discriminatory and apply to all citizens equally, regardless of their gender, race, religion, or other traits. They are subject to reasonable limitations in the interests of security, morality, and public order, but the extent of these limitations may differ from nation to nation. Basic rights place both negative and positive obligations on the state, requiring it to respect them without interfering and to take action to secure their protection and realisation.

The protection of minority rights, preservation of cultural diversity, advancement of democracy and sound government, and environmental preservation are only a few of the grounds for fundamental rights. These rights guarantee that people have the required freedom to engage in the democratic process and give citizens the necessary safeguards and protections against the state’s or other entities’ arbitrary use of power.

Unfortunately, there are several obstacles in the way of implementing fundamental rights. In some nations, the judicial system might not be independent enough to adequately defend and enforce fundamental rights. In other instances, there might not be enough political will to put these rights into effect, which would result in insufficient or inconsistent enforcement. Fundamental rights are also vulnerable to misuse because people may cite them as justification for deeds that injure or infringe upon the rights of others.

In conclusion, Fundamental rights are an important part of contemporary democracies and act as a check on the abuse of power. As they support economic development, minority rights, cultural variety, democracy, good governance, and environmental protection, they also ensure that people have the freedom they need to live their lives with dignity and autonomy. Fundamental rights must be upheld and protected by society to guarantee that people can live their lives with dignity and freedom, despite the difficulties in doing so.

REFERENCES

1. Article 12-35 of Constitution of India, 1950.
2. Dr. J.N. PANDEY’S CONSTITUTIONAL LAW OF INDIA: FIFTY EIGHTH EDITION.
3. https://unacademy.com/content/railway-exam/study-material/polity/importance-of-fundamental-rights/
4. https://www.vedantu.com/question-answer/why-are-fundamental-rights-important-5b82ef22e4b0a50233a8b1b8
5. https://academic.oup.com/book/2914/chapter-abstract/143557446?redirectedFrom=fulltext
6. https://www.legalserviceindia.com/legal/article-8020-significance-of-fundamental-rights-.html 

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