Chapter 2: Rights in the Indian Constitution
What are rights?
Rights are justified claims or freedoms that every individual possesses to live with dignity, protected by the Constitution and enforceable by law.
Why are rights important in a democracy?
Rights protect individual liberty, ensure participation in public life, and prevent government misuse of power. Without rights, democracy becomes meaningless.
What are Fundamental Rights?
They are the essential rights guaranteed by the Constitution to all citizens, enforceable by the courts under Article 32.
How many Fundamental Rights are there in India?
There are six Fundamental Rights:
Right to Equality
Right to Freedom
Right against Exploitation
Right to Freedom of Religion
Cultural and Educational Rights
Right to Constitutional Remedies
What is the Right to Equality?
It ensures equal treatment before the law, prohibits discrimination, abolishes untouchability, and ensures equal opportunity in public employment (Articles 14–18).
What is the Right to Freedom?
Under Articles 19–22, it includes freedom of speech, expression, movement, residence, assembly, association, profession, and protection of life and liberty.
What is the Right against Exploitation?
It prohibits human trafficking, child labor under 14 years, and forced labor. Articles 23 and 24 ensure dignity and fair treatment.
What is the Right to Freedom of Religion?
Articles 25–28 provide all individuals the freedom to practice, profess, and propagate any religion or none at all.
What are Cultural and Educational Rights?
Articles 29–30 protect the rights of minorities to preserve their culture and establish educational institutions.
What is the Right to Constitutional Remedies?
Article 32 allows citizens to approach the Supreme Court directly if their Fundamental Rights are violated. Dr. Ambedkar called it the “heart and soul” of the Constitution.
What are writs?
Writs are court orders for enforcement of rights. Types include Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
What is Habeas Corpus?
It means “produce the body.” It protects personal liberty by ordering the release of a person illegally detained.
What is Mandamus?
It means “we command.” The court orders a public official or institution to perform a duty that is legally required.
What is Prohibition?
Issued by a higher court to a lower court, prohibiting it from exceeding its jurisdiction.
What is Certiorari?
It quashes an illegal decision of a lower court or tribunal.
What is Quo Warranto?
It questions the authority of a person occupying a public office without legal backing.
What is the importance of Article 32?
It empowers citizens to protect their Fundamental Rights by approaching the Supreme Court directly. It ensures the rights are meaningful.
Can Fundamental Rights be suspended?
Yes, during a national emergency, some rights (except Article 20 and 21) can be temporarily suspended.
Are Fundamental Rights available to foreigners?
Some rights like Article 21 (Right to Life) apply to all, while others like freedom of speech are limited to Indian citizens.
What is Public Interest Litigation (PIL)?
PIL allows any citizen or group to file a case in the public interest, especially when victims cannot approach the court.
What is the difference between legal rights and Fundamental Rights?
Legal rights are granted by ordinary law and can be changed by the legislature. Fundamental Rights are constitutional and protected by the courts.
What is Article 21?
Article 21 guarantees the Right to Life and Personal Liberty, and includes rights like privacy, health, education, and livelihood.
What is the significance of the Right to Education?
Added by the 86th Amendment, Article 21A makes free and compulsory education a right for children aged 6–14.
Can Fundamental Rights be amended?
Yes, but they cannot be amended in a way that destroys the basic structure of the Constitution, as ruled in the Kesavananda Bharati case.
What is the Right to Property?
It was originally a Fundamental Right but was removed by the 44th Amendment in 1978. Now it’s a legal right under Article 300A.
Why was the Right to Property removed from Fundamental Rights?
To allow the government to implement land reforms and reduce inequalities without legal hurdles from property owners.
What are Directive Principles of State Policy?
These are guidelines for the government to ensure social and economic justice. They are not enforceable but are fundamental to governance.
How do Fundamental Rights differ from Directive Principles?
Fundamental Rights are justiciable (legally enforceable); Directive Principles are non-justiciable but aim to establish a welfare state.
Can Fundamental Rights conflict with public interest?
Yes, in rare cases. But courts balance individual rights with societal needs, ensuring no unjust limitations are placed.
Why are Fundamental Rights essential?
They ensure human dignity, protect against state excesses, and allow individuals to grow and participate fully in democratic life.