Current Affairs on Fundamental Rights 2023

Current Affairs on Fundamental Rights 2023

Supreme Court Ruling on Article 19: On January 5, 2023, the Supreme Court of India made a significant ruling in a case involving the fundamental right to freedom of speech. In a 4-1 majority decision, the Constitution Bench of the court stated that an individual can seek enforcement of this right. Supreme Court Verdict on Same-Sex Marriage: In October 2023, a five-judge Constitution Bench of the Supreme Court unanimously declined to recognize same-sex marriages. The Bench also declined to permit ‘civil unions’ for same-sex couples. All the judges of the Bench, although in favor of civil unions, ruled that there is no fundamental right to marry under the Indian Constitution...

What are Fundamental Rights?

Fundamental rights refer to the basic human rights which are enshrined in the Indian Constitution which came to guaranteed for all citizens and were applied without any discrimination on the basis of race, gender, religion etc. and significantly, the fundamental rights are enforceable by the courts, subject to certain conditions....

Why are they called Fundamental Rights?

The Fundamental rights are called so because:...

How many Fundamental Rights are there in the Indian Constitution?

There are six fundamental rights in the Indian Constitution are:...

Why Right to Property is not a Fundamental Right?

Right to Property was also a fundamental right for Indian Constitution. This right was removed from the list of fundamental rights by the 44th Constitutional Amendment. This happened because this right came to be hindrance towards attainment of the goal for socialism and also redistribution of wealth, equitably among the various people....

Is Right to property a constitutional right or legal right?

Right to Propery is now a legal right and not a fundamental right....

6 Fundamental Rights of India

Fundamental rights are essential for everyone’s moral and intellectual growth. Fundamental rights are essential for an individual’s growth. India’s post-independence era has resulted in the addition of some extremely important fundamental rights in the Indian constitution. Every citizen of India is given certain rights by law. It’s vital to know what they are so that no one’s rights get infringed upon. The Indian Constitution Overview Indian Constitution states the following six fundamental rights for an Indian citizen:...

Right to Equality

Equal legal rights for all citizens are completely safeguarded by the right to equality. Inequality based on caste, creed, religion, place of birth, race, or sex strictly is prohibited by the Right to Equality. It also guarantees equal opportunity in government employment and prevents the government from discriminating against anybody in the workplace merely based on religion, caste, race, gender, descent, place of birth, place of residence, or any of these considerations. Articles 14 to 18 provide for equality before the law. Equality before the law is guaranteed by the Constitution, which assures that all people are treated equally before the law. The state cannot discriminate against citizens based on their religion, caste, race, gender, or place of birth. To attain equality, this is necessary....

Right to Freedom

It can also be called as Right to Liberty. Every person’s most treasured desire is for them to be free. Freedom of speech, expression of freedom, freedom of assembly without arms, freedom of movement throughout our country’s territory, freedom of association, freedom to pursue any profession, and freedom to reside in any region of the country are just a few of the rights granted by the right to freedom. These rights, however, are subject to several restrictions....

Right Against Exploitation

Historically, the Indian society has been based hierarchically,  which has resulted in all sorts of exploitation. It’s important to realize that being exploited is the same as, if not worse than mistreated. This is a crucial Fundamental Right that ensures that no citizen is subjected to any form of forced labor. No one may be forced to labor against their will, even if money is provided. The Indian constitution prohibits any form of forced labor. If a lower-than-minimum wage is paid, it is considered forced labor. In addition, the article declares human trafficking to be unconstitutional. As a result, buying and selling men and women for unlawful and immoral purposes is prohibited. In addition, this article declares this ‘bound labor’ unconstitutional....

Cultural and Educational Rights

Cultural and educational rights give all members of society the right to preserve their cultural script or language. The image of Indian society that springs to mind is one of diversity. Our Constitution thinks that variety is our strength in such a diverse society. As a result, one of the fundamental rights of minorities is the right to preserve their culture. Minorities are ethnic or religious groups that share a common language or religion and live in a specific region of the country. Minority religious and linguistic groups can also establish their educational institutions. They will be able to preserve and develop their own culture in this way....

Right to Freedom of Religion

The Constitution declares India a “secular state” because it is a multi-religious country where Hindus,  Christians, Sikhs, and many more communities coexist. It signifies that the Indian state does not have its religion or “national” religion. However, it gives all residents complete freedom to believe in any religion and worship whomever they want. However, this should not interfere with other people’s religious views and/or practices. This liberty is also available to foreigners. No one shall be forced to pay any tax whose earnings are used only to pay for expenses made in the promotion or preservation of any particular religion or religious denomination. Through educational institutions, this article allows the dissemination of religious knowledge....

Right to Constitutional Remedies

Right to Constitutional Remedies: In India, individuals have the right to approach the Supreme Court for the protection of their fundamental rights.  Articles 32 and 226: These articles of the Constitution safeguard the right for the Supreme Court and the High Court, respectively.  Scope of the Right: The Supreme Court and high courts can enforce fundamental rights, with local courts also having some authority in this regard.  Exemption of CourtMartial: Military law governed courtmartials are exempt from this constitutional protection.  Significance of Article 32: Dr. B. R. Ambedkar referred to Article 32 as the constitution’s soul and heart, essential to its basic structure.  Appeal Rights: This right ensures that the appeal to the highest court cannot be denied, except by courts established by the Indian constitution.  Suspension During Emergencies: Under Article 359, this privilege can be suspended during a national emergency.  Supreme Court’s Role: The Supreme Court acts as a guarantor and defender of fundamental rights under Article 32.  Direct Appeal to Supreme Court: Individuals can directly approach the Supreme Court for redressal, bypassing the appeals process.  Invocation During Emergencies: Citizens can invoke this right even during national emergencies....

Features of Fundamental Rights

Fundamental rights are different from ordinary rights as they are enforced and if legal rights are violated, the aggrieved person cannot directly approached the Supreme Court by passing from the lower courts. He or she has to approach the lower courts....

Importance of Fundamental Rights

Here are some of the key reasons why fundamental rights are important...

Improving the Scope of Rights

Broader Rights Beyond Fundamental Rights: The Indian Constitution and legislation encompass a wider range of rights than just the Fundamental Rights.  Expansion of Legal Rights: Occasionally, this leads to the expansion of a citizen’s legal rights.  Judicial Rulings on Rights Expansion: Courts have made decisions over time to broaden the scope of rights.  Rights Beyond Fundamental Rights: Includes media freedom, access to information, and the right to education.  Right to Education: School education is now a right for Indian citizens, with the government ensuring free and compulsory education for all children under 14.  Right to Information: Enacted by Parliament, this right allows citizens to request information from government departments, stemming from the Fundamental Right to Freedom of Thought and Expression.  Constitutional Rights Beyond Fundamental Rights: Some rights, like the right to property, are constitutional rights rather than Fundamental Rights.  Human Rights as a Tool for Growth: These universal moral claims may or may not be recognized by law, but there’s increasing pressure on governments to acknowledge them as democracy spreads.  Evolving Scope of Rights: Over time, the scope of rights has expanded, leading to the emergence of new rights....

Conclusion: The Cornerstone of Democracy – Fundamental Rights

In conclusion, fundamental rights are the bedrock of a democratic society, ensuring the dignity, liberty, and equality of all citizens. These rights provide a framework for a just and equitable society, safeguarding individuals against any form of discrimination and state excesses. They empower citizens to participate actively in the democratic process, fostering a culture of mutual respect and understanding. By guaranteeing freedoms such as speech, expression, and belief, fundamental rights not only protect individual liberties but also nurture a healthy and vibrant democracy. As democracy evolves, these rights adapt and expand, reflecting the changing needs and values of society, thereby maintaining the dynamic and resilient nature of a democratic system....

FAQs on Fundamental Rights in India

1. What are the Fundamental Rights in the Indian Constitution?...