Fundamental Rights – Uttarakhand Police Sub‑Inspector (SI) – General Awareness & Current Affairs
1. Simple Explanation
Fundamental Rights are the basic human rights guaranteed to every citizen by the Constitution of India (Part III). They are irrevocable (except in limited circumstances), superseded by the Constitution, and subject to judicial review. They create a direct relationship between the State and the individual, ensuring that the State cannot arbitrarily deny or violate these rights.
2. Key Points
| Feature | Details |
|---|---|
| Constitutional Basis | Articles 14–30 (Part III) |
| Nature | • Irrevocable (except for Article 32) • Superseded by the Constitution • Subject to judicial review |
| Types of Rights | 1. Right to Equality – Articles 14‑18 2. Right to Freedom – Articles 19‑22 3. Right to Life & Personal Liberty – Articles 21‑22 4. Right Against Exploitation – Articles 23‑24 5. Right to Education – Article 25‑28 6. Right to Constitutional Remedies – Article 32 |
| Key Articles | • Article 14 – Equality before law • Article 15 – Prohibition of discrimination • Article 16 – Equality in public employment • Article 17 – Abolition of untouchability • Article 19 – Freedom of speech & expression, assembly, movement, etc. • Article 20 – Protection against arbitrary arrest & death penalty • Article 21 – Right to life & personal liberty • Article 22 – Protection against arrest & detention • Article 23 – Prohibition of slavery & forced labour • Article 24 – Child labour • Article 25 – Freedom of conscience & religion • Article 26 – Freedom of religion (practice) • Article 27 – Freedom of religion (religious worship) • Article 28 – Freedom of religious instruction • Article 29 – Cultural & educational rights • Article 30 – Rights of minorities |
| Judicial Review | All fundamental rights are justiciable. Courts can declare laws or executive acts unconstitutional if they infringe these rights. |
| Restrictions | • Reasonable restrictions under Article 19(2) – national security, public order, decency, etc. • Reasonable restrictions under Article 21(2) – health & safety of the public. |
| Notable Supreme Court Cases | • Kesavananda Bharati v. State of Kerala (1973) – Basic structure doctrine. • Maneka Gandhi v. Union of India (1978) – Expanded interpretation of Article 21. • S. R. Bommai v. Union of India (1994) – State of Emergency & fundamental rights. • Puttaswamy v. Union of India (2017) – Right to privacy as fundamental. |
| Relation to Other Provisions | • Fundamental Duties (Part IV) complement rights. • Directive Principles (Part IV) are non‑justiciable but guide governance. |
| Enforcement | • Article 32 – Constitutional remedy (direct access to Supreme Court). • Article 226 – State courts. |
3. Worked Example
Scenario
A citizen, Ravi, a political activist, is arrested for protesting outside Parliament. He claims his Right to Freedom of Speech & Expression (Article 19(1)(a)) and Right to Life and Personal Liberty (Article 21) are violated.
Application of Law
| Step | Analysis |
|---|---|
| 1. Identify the right claimed | Article 19(1)(a) (freedom of speech) and Article 21 (right to life and liberty). |
| 2. Check for lawful restriction | The arrest was under the Public Safety provision of the Criminal Procedure Code (CPC). The State must show that the protest was unlawful or threatening to public order. |
| 3. Examine reasonableness | The protest was peaceful and within the scope of lawful assembly. No threat to public order was proven. |
| 4. Judicial review | The Supreme Court, in *S. R. Bom |