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Fundamental Right

Why Do We Need Rights in a Democracy?

Democracy is the term that is opposed to autocracy, aristocracy or monarchy means a government by people. Democracy combines two words I.e. ‘Demos‘ means people and ‘Kratos‘ means government, overall it is a Greek word. The people irrespective of factors like caste, religion, economic status, etc. are equal in the eyes of the law and manage their own affairs. They have an inalienable right to rule themselves. The concepts of justice, equality, liberty, and fraternity are an embodiment of democratic principles in the preamble. In India democracy is in the wider sense of political, economic, and social democracy. The institutions set up under the constitution shall seek to give effect to democracy in India which is to be sustained by adult suffrage, fundamental rights, and independent judiciary.

Why is it necessary in a democracy to have rights?

1. A democratic government is one that is controlled by, for, and for the people. The country is ruled by elected officials, who answer to the people. In the case of Indira Nehru Gandhi v. Raj Narain, the Supreme Court ruled that both free and fair elections and democracy are essential elements of the Indian Constitution. So, the right to vote is one of the fundamental rights in a democratic government. The Supreme Court ruled in Union of India v. Association for Democratic Reforms that a democracy cannot function successfully without free and fair elections and informed voters.

2. The existence of checks and balances in the government’s power is crucial because, without them, the state can act arbitrarily. In R.C. Poudyal v. The Union of India, the Supreme Court ruled that democracy is the people’s power and that the people have the right to control the government. The institution of Panchayati Raj and local self-government, which contribute to the decentralization of power and openness at all levels of government, have secured the public’s participation, which is a requirement for a democratic government.

3. Right is an important part of the nourishment of democracy. Without rights, democracy in a country has no values and democracy becomes meaningless without rights.

4. Rights play a vital role in securing minorities from the suppression of the majority. Suppression of minorities by the majority must be stopped and to achieve that goal, a democratic government must provide rights to every class of persons.

5. Rights are the reason to maintain the balance between state and people and law and order. It regulates citizens from harming other citizens by rights and duties imposed on them.

6. Public opinion is very important to control the government because people will give apt replies in the next election to the government. There is no legal force, only public opinion, a democratic force that can control the government to work for the people.

7. If there is no right in democracy then there will be a lack of dignified life of people and moral values in people will also be absent. So, to maintain a dignified life, rights are vital for a democratic government.

8. Citizens have the right to form political parties and participate in political activities for a fruitful democratic government or elections.

Finally, it is clear that the government constantly seeks to limit or revoke rights by legislation or other means. The foundation of Indian parliamentary democracy is an executive that is answerable to the legislature. To keep a proper distance between the state and its citizens and to control the state’s use of arbitrary power over them, the judiciary always steps in. One component of democratic administration is the judiciary. Every citizen of a democratic country must have their rights protected and inherit them in a reasonable manner. Therefore, it is essential that some rights exist that are superior to governmental authority.

FUNDAMENTAL RIGHTS IN INDIAN CONSTITUTION

The Fundamental Rights in India enshrined in Part III of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India.

The development of Fundamental Rights in India is heavily inspired by the United States Bill of Rights. These rights are included in the constitution because they are considered essential for the development of the personality of every individual and to preserve human dignity.

  • Fundamental Rights are included in Part-III of the Indian constitution which is also known as the Magna Carta of the Indian Constitution.
  • These rights are called fundamental rights because they are justiciable in nature allowing persons to move the courts for their enforcement, if and when they are violated.

 the Indian Constitution provided 7 Fundamental Rights which have now been revised to 6 Fundamental Rights which are as follows-:

Originally Right to property (Article 31) was also included in the Fundamental Rights. However, by the 44th Constitutional Amendment Act, 1978, it was deleted from the list of Fundamental Rights and made a legal right under Article 300A in Part XII of the constitution.

1. Right to equality (Articles 14–18)

 2. Right to freedom (Articles 19–22)

 3. Right against exploitation (Articles 23–24) 

4. Right to freedom of religion (Articles 25–28) 

5. Cultural and educational rights (Articles 29–30)

 6. Right to constitutional remedies (Article 32)

Features of The Fundamental Rights

Some of the salient features of Fundamental Rights include:

  • FRs are protected and guaranteed by the constitution.
  • FRs are NOT sacrosanct or absolute: in the sense that the parliament can curtail them or put reasonable restrictions for a fixed period of time. However, the court has the power to review the reasonability of the restrictions.
  • FRs are justiciable: The constitution allows the person to move directly to the Supreme Court for the reinforcement of his fundamental right as and when they are violated or restricted.
  • Suspension of Fundamental Rights: All Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Articles 20 and 21.
  • Restriction of Fundamental Rights: The Fundamental Rights can be restricted during military rule in any particular area.
Fundamental Rights
Articles
1. Right to equality(a) Article 14 – Equal protection of laws and equality before the law
(b) Article 15 – Prohibition of discrimination on grounds of religion, caste, sex, place of birth, or race.
(c) Article 16 – Equality of opportunity in terms of public employment.
(d) Article 17 – Abolition of untouchability and prohibition of its practice.
(e) Article 18 – Abolition of titles except military and academic.
2. Right to freedom(a) Article 19 – Protection of six rights regarding freedom of:
(i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession
(b) Article 20 – Protection in a conviction for offenses.
(c) Article 21 – Protection of life and personal liberty.
(d)Article 21A –  Right to elementary education.’
(e) Article 22 –  Protection against arrest and detention in certain cases.
3.  Right against exploitation(a) Article 23 – Prohibition of traffic in forced labour and human beings.
(b) Article 24 – Prohibition of employment of children in Companies and factories, etc.
4. Right to freedom of religion(a) Article 25 – Freedom of conscience and free profession, practice, and propagation of religion
.(b) Article 26 – Freedom to manage religious affairs.
(c) Article 27 – Freedom from payment of taxes for promotion of any religion or religious affairs.
(d) Article 28 – Freedom from attending religious instruction or worship in certain educational institutions
5. Cultural and educational rights(a) Article 29 – Protection of language, script, and culture of minorities. 
(b) Article 30 – Rights of minorities to establish and administer educational institutions.
6. Right to constitutional remediesArticle 32 – Right to move the Supreme Court for the enforcement of fundamental rights including the writs of
(i)  Habeas corpus, 
(ii) Mandamus,   
(iii) Prohibition,
(iv) Certiorari,
(v)  Quo warrento