Fundamental Rights: Meaning, Nature & Significance; Relationship with Human Rights [Part-III: Article 14-32]

1. Introduction #

The Fundamental Rights (Part III, Articles 12–35) form the cornerstone of the Indian Constitution. They embody the moral and legal commitment of the State to protect the dignity and liberty of every individual.
These rights are not gifts of the State but natural and inalienable rights that guarantee freedom, equality, and justice to every citizen.

Dr. B. R. Ambedkar described Part III as the “Conscience of the Constitution” because it transforms political independence into civil liberty and human dignity.

2. Meaning of Fundamental Rights #

Fundamental Rights are those basic rights guaranteed by the Constitution, enforceable by the courts, which protect individuals from arbitrary action by the State.

• They are called “fundamental” because:

  • They are fundamental to the development of human personality.

  • They form the foundation of democracy.

  • They are justiciable, i.e., enforceable through courts under Article 32 and Article 226.

Key Constitutional Articles:

• Article 12–13: Define “State” and ensure laws inconsistent with Fundamental Rights are void.

• Articles 14–30: Guarantee specific rights (Equality, Freedom, Protection, Freedom of Religion, Cultural and Educational Rights).

• Articles 32 & 226: Provide the right to constitutional remedies.

3. Nature of Fundamental Rights #

(a) Constitutional and Justiciable #

Fundamental Rights are guaranteed by the Constitution itself and can be directly enforced in the Supreme Court (Article 32) or High Courts (Article 226).

Kesavananda Bharati v. State of Kerala (1973): The Supreme Court held that Fundamental Rights are part of the Basic Structure of the Constitution and cannot be destroyed even by amendment.

(b) Not Absolute, but Subject to Reasonable Restrictions #

Rights are not unlimited. The State may impose reasonable restrictions for public order, morality, security, and the sovereignty of India.

A. K. Gopalan v. State of Madras (1950): Initially held that each right operates in a separate watertight compartment.
Later overruled by Maneka Gandhi v. Union of India (1978), which held that all rights are interconnected and interdependent, especially Articles 14, 19, and 21.

(c) Negative and Positive Obligations #

• Negative aspect: Restrains the State from interfering with individual liberty (e.g., freedom of speech).

• Positive aspect: Obligates the State to protect and ensure the enjoyment of rights (e.g., right to education under Article 21-A).

(d) Available Against State, Not Private Individuals (Generally) #

Most Fundamental Rights are enforceable against State action (Article 12).
However, certain rights (like abolition of untouchability, human trafficking, forced labour — Articles 17 & 23) apply even against private individuals.

(e) Can Be Suspended During Emergency #

Under Article 359, certain Fundamental Rights (except Articles 20 & 21) may be suspended during a National Emergency (Article 352).

4. Classification of Fundamental Rights #

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5. Significance of Fundamental Rights #

1. Ensure Rule of Law: No individual or authority is above the law.

2. Safeguard Individual Liberty: Protect individuals from arbitrary actions of the State.

3. Promote Social Justice: Ensure equality and upliftment of vulnerable sections.

4. Maintain Unity in Diversity: Provide a framework for peaceful coexistence of different religions, languages, and cultures.

5. Empower Judiciary: Enable the courts to review and strike down unconstitutional acts.

“Fundamental Rights are the means by which the goal of social revolution is to be achieved.” — Granville Austin

6. Relationship between Fundamental Rights and Human Rights #

(a) Common Foundation #

Both originate from the same moral and philosophical idea — the inherent dignity of the individual.
Fundamental Rights are constitutional recognition of Human Rights.

(b) Universal vs. Constitutional #

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(c) Constitutional Harmony with UDHR #

The Supreme Court has repeatedly interpreted Fundamental Rights in the light of international human rights norms — e.g., Vishaka v. State of Rajasthan (1997) applied CEDAW to frame sexual harassment guidelines.

(d) Human Rights under Indian Law #

India enacted the Protection of Human Rights Act, 1993, establishing the National Human Rights Commission (NHRC) and State Commissions to protect and promote human rights parallel to constitutional rights.

7. Landmark Cases Linking Fundamental and Human Rights #

(i) Maneka Gandhi v. Union of India (AIR 1978 SC 597) #

Facts: Passport of the petitioner was impounded without reason.
Issue: Whether such restriction violated personal liberty under Article 21.
Rule: “Procedure established by law” must be fair, just, and reasonable.
Application: Court interpreted Article 21 expansively to include dignity, travel, livelihood, etc.
Conclusion: Article 21 includes the essence of human rights and must align with international standards.

(ii) Vishaka v. State of Rajasthan (AIR 1997 SC 3011) #

Facts: A social worker was gang-raped; there was no domestic law on workplace harassment.
Issue: Could international human rights conventions guide interpretation of Fundamental Rights?
Rule: International treaties can inform constitutional interpretation when not inconsistent with Indian law.
Application: Court used CEDAW (Convention on Elimination of All Forms of Discrimination Against Women) to frame the Vishaka Guidelines.
Conclusion: Fundamental Rights and Human Rights operate in harmony to ensure dignity and equality.

8. Conclusion #

Fundamental Rights in India translate universal human values into constitutional guarantees.
They protect the individual from State oppression and ensure the moral legitimacy of governance.

While Human Rights are universal, Fundamental Rights are their constitutional embodiment — enforceable, definite, and judicially protected.

“The Constitution converted moral entitlements into enforceable rights — that is its genius.” — Justice P. N. Bhagwati