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Fundamental Rights

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Fundamental Rights are enshrined in Part III of the Indian Constitution, covering Articles 12 to 35. The framers of the Constitution drew inspiration from the United States Constitution, specifically the Bill of Rights. Part III of the Constitution is often referred to as the “Magna Carta of India” due to its comprehensive and detailed list of justiciable rights.

These rights are considered more extensive than those found in the constitutions of many other countries, including the U.S. Fundamental Rights are guaranteed to all individuals regardless of discrimination, promoting the equality of all, preserving individual dignity, and supporting the public interest and national unity.

The purpose of these rights is to uphold the principles of political democracy and prevent the establishment of authoritarian rule. They safeguard individual liberties and freedoms against violations by the state, acting as checks on potential executive tyranny and arbitrary laws enacted by the legislature. Essentially, they aim to establish “a government of laws and not of men.”

The term “Fundamental Rights” reflects their guaranteed protection by the Constitution, which serves as the fundamental law of the land. These rights are also termed “fundamental” because they are crucial for the all-round development of individuals—material, intellectual, moral, and spiritual.

Initially, the Constitution recognized seven Fundamental Rights:

  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 Property(Article 31)
  7. Right to Constitutional Remedies(Article 32)

However, the Right to Property was removed from the list of Fundamental Rights by the 44th Amendment Act in 1978, and is now recognized as a legal right under Article 300-A in Part XII of the Constitution. As a result, there are currently six Fundamental Rights in the Constitution.

The Fundamental Rights guaranteed by the Indian Constitution are characterized by several key features:

  1. Availability to Different Persons: Some Fundamental Rights are exclusive to citizens, while others are accessible to all individuals, including foreigners and legal entities like corporations and companies.
  2. Not Absolute but Qualified: These rights are not absolute and can be subjected to reasonable restrictions imposed by the state. The courts determine whether such restrictions are reasonable, aiming to balance individual rights with societal interests and ensuring a balance between personal liberty and social control.
  3. Protection Against Arbitrary Action: All Fundamental Rights protect against arbitrary actions by the state. Additionally, certain rights also provide protection against actions taken by private individuals.
  4. Negative and Positive Rights: Some rights are negative in nature, meaning they limit the authority of the state, while others are positive, conferring specific privileges on individuals.
  5. Justiciable Rights: Fundamental Rights are enforceable through the courts, allowing individuals to approach the judiciary for their enforcement if violated.
  6. Defended by the Supreme Court: These rights are guaranteed by the Supreme Court. An aggrieved individual can directly approach the Supreme Court without needing to appeal to the High Courts.
  7. Not Permanent or Sacrosanct: While these rights are protected, they are not unchangeable. Parliament can curtail or repeal them through a constitutional amendment, not through ordinary legislation, but such changes must not affect the ‘basic structure’ of the Constitution.
  8. Suspension During National Emergency: Fundamental Rights can be suspended during a National Emergency, except for the rights guaranteed by Articles 20 and 21. Additionally, the rights under Article 19 can only be suspended during an external emergency (war or aggression), not during an internal emergency (armed rebellion).
  9. Limitations on Operation: The operation of these rights is limited by certain articles—Article 31A (which saves laws regarding estate acquisition), Article 31B (validating specific acts in the 9th Schedule), and Article 31C (which safeguards laws that give effect to certain directive principles).
  • Applicability to Armed Forces: The application of Fundamental Rights can be restricted or abrogated for members of the armed forces, paramilitary forces, police, intelligence agencies, and similar services (Article 33).
  • Restrictions During Martial Law: Fundamental Rights can also be restricted while martial law is in force. Martial law refers to military rule imposed to restore order under exceptional circumstances, as stated in Article 34, and is distinct from a national emergency.
  • Enforcement: Most rights are directly enforceable (self-executory), while a few require laws made by Parliament for their enforcement. Such laws must be enacted by Parliament to ensure uniformity across the country (Article 35).

These features highlight the significance of Fundamental Rights in protecting individual liberties while also allowing for the governance necessary to maintain social order and public interest.

Definition of State

In the context of the Indian Constitution, the term “State” is used in various provisions related to Fundamental Rights. Article 12 specifically defines “State” for the purposes of Part III of the Constitution. According to this article, the term “State” comprises the following entities:

  1. Government and Parliament of India: This refers to the executive and legislative organs of the Union Government.
  2. Government and Legislature of States: This includes the executive and legislative organs of the individual state governments.
  3. Local Authorities: This encompasses municipalities, panchayats, district boards, improvement trusts, and other similar local governing bodies.
  4. Other Authorities: This category includes both statutory and non-statutory authorities, such as organizations like the Life Insurance Corporation (LIC), Oil and Natural Gas Corporation (ONGC), and Steel Authority of India Limited (SAIL).

The definition of “State” is thus broad and inclusive, ensuring that all agencies and bodies acting on behalf of the government are encompassed within this term. Actions taken by these agencies can be contested in court if they are believed to violate Fundamental Rights.

Additionally, the Supreme Court has clarified that even private bodies or agencies functioning as instruments of the State fall under the definition of “State” as outlined in Article 12. This broad interpretation allows for comprehensive protection of Fundamental Rights against various forms of authority.

Article 13 of the Indian Constitution states that any law that contradicts or undermines any Fundamental Rights shall be declared void. This article explicitly establishes the principle of judicial review, granting the Supreme Court (under Article 32) and the High Courts (under Article 226) the authority to declare laws unconstitutional and invalid if they violate Fundamental Rights.

The definition of “law” in Article 13 includes a broad range of legal provisions, encompassing the following:

  1. Permanent Laws: These are laws enacted by the Parliament or state legislatures.
  2. Temporary Laws: This category includes ordinances issued by the President or state governors.
  3. Statutory Instruments: These pertain to delegated legislation, such as orders, bye-laws, rules, regulations, or notifications.
  4. Non-legislative Sources of Law: This includes customs or usages that have the force of law.

As a result, not only legislative enactments but also the aforementioned types of laws can be challenged in court for violating Fundamental Rights and can, therefore, be declared void.

Moreover, Article 13 specifies that constitutional amendments do not fall within the definition of “law” and, as such, cannot be challenged. However, in the landmark Kesavananda Bharati case (1973), the Supreme Court ruled that a constitutional amendment may indeed be subject to challenge if it infringes upon a Fundamental Right that is considered part of the “basic structure” of the Constitution, thus making it void.

This ruling underscore the significance of Fundamental Rights in the constitutional framework and affirms the judiciary’s role in protecting those rights against any potential infringement through legislation or constitutional amendments.

Here is an overview of the Fundamental Rights enshrined in the Indian Constitution, categorized by their respective articles:

  1. Right to Equality (Articles 14–18)
  • Article 14: Equality before law and equal protection of laws.
  • Article 15: Prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth.
  • Article 16: Equality of opportunity in matters of public employment.
  • Article 17: Abolition of untouchability and prohibition of its practice.
  • Article 18: Abolition of titles, except for military and academic titles.
  1. Right to Freedom (Articles 19–22)
  • Article 19: Protection of six freedoms, including:
    • (i) Freedom of speech and expression
    • (ii) Freedom of assembly
    • (iii) Freedom of association
    • (iv) Freedom of movement
    • (v) Freedom of residence
    • (vi) Freedom of profession
  • Article 20: Protection against conviction for offenses.
  • Article 21: Protection of life and personal liberty.
  • Article 21A: Right to elementary education.
  • Article 22: Protection against arrest and detention in certain cases.
  1. Right Against Exploitation (Articles 23–24)
  • Article 23: Prohibition of trafficking in human beings and forced labor.
  • Article 24: Prohibition of the employment of children in factories and hazardous occupations.
  1. Right to Freedom of Religion (Articles 25–28)
  • Article 25: Freedom of conscience and the right to profess, practice, and propagate religion.
  • Article 26: Freedom to manage religious affairs.
  • Article 27: Freedom from taxation for the promotion of any religion.
  • Article 28: Freedom from attending religious instruction or worship in certain educational institutions.
  1. Cultural and Educational Rights (Articles 29–30)
  • Article 29: Protection of the language, script, and culture of minorities.
  • Article 30: Right of minorities to establish and administer educational institutions.
  1. Right to Constitutional Remedies (Article 32)
  • Article 32: Right to approach the Supreme Court for the enforcement of Fundamental Rights, including the issuance of writs such as:
    • (i) Habeas Corpus
    • (ii) Mandamus
    • (iii) Prohibition
    • (iv) Certiorari
    • (v) Quo Warranto

This overview elucidates the fundamental rights that safeguard individual freedoms and liberties in India, ensuring equality, justice, and protection from exploitation.

Fundamental Rights (FR) of Foreigners

 

The Fundamental Rights in India primarily apply to citizens, but certain rights are also accessible to foreigners (excluding enemy aliens). Below is a summary of Fundamental Rights categorized into those available only to citizens and those available to both citizens and foreigners:

Fundamental Rights Available Only to Citizens

  1. Prohibition of Discrimination: Protection against discrimination on the grounds of religion, race, caste, sex, or place of birth (Article 15).
  2. Equality of Opportunity: Assurance of equality of opportunity in public employment (Article 16).
  3. Protection of Six Freedoms: Rights concerning freedom of:

   – (i) Speech and expression

   – (ii) Assembly

   – (iii) Association

   – (iv) Movement

   – (v) Residence

   – (vi) Profession (Article 19).

  1. Protection of Life and Personal Liberty: Right to life and personal liberty (Article 21).
  2. Right to Elementary Education: Right to receive elementary education (Article 21A).
  3. Right of Minorities: The right of minorities to establish and administer educational institutions (Article 30).

 

Fundamental Rights Available to Both Citizens and Foreigners (Except Enemy Aliens)

  1. Equality Before Law: Assurance of equality before the law and equal protection of laws (Article 14).
  2. Protection Against Conviction: Protection in respect of conviction for offenses (Article 20).

Rights Specific to Labor and Religion (Available to All):

1.  Prohibition of Human Trafficking: Prohibition of trafficking in human beings and forced labor (Article 23).

2. Child Employment: Prohibition of employment of children in factories and other hazardous occupations (Article 24).

3. Freedom of Religion:

   – Freedom of conscience and the right to profess, practice, and propagate religion (Article 25).

   – Freedom to manage religious affairs (Article 26).

   – Freedom from taxation for the promotion of any religion (Article 27).

   – Freedom from attending religious instruction or worship in certain educational institutions (Article 28).

This categorization illustrates the distinct framework for Fundamental Rights in India, highlighting the privileges afforded to citizens while ensuring some protections extend to non-citizens as well.

Right to Equality

  1. Equality Before Law and Equal Protection of Laws

Article 14 of the Indian Constitution states that the State shall not deny any person equality before the law or the equal protection of the laws within the territory of India. This provision applies to all individuals, including both citizens and foreigners. The term “person” encompasses legal entities such as statutory corporations, companies, and registered societies.

The principle of “equality before law” has its roots in British law, while the concept of “equal protection of laws” is derived from the American Constitution. The former means:

  • (a) There are no special privileges for any person.
  • (b) All individuals are subject to the ordinary laws of the land as administered by regular courts.
  • (c) No individual, whether rich or poor, high or low, official or non-official, is above the law.

Conversely, “equal protection of laws” entails:

  • (a) Equal treatment in similar circumstances, both concerning privileges and legal liabilities.
  • (b) The same laws must apply to all persons in similar situations.
  • (c) Similar cases should be treated alike without discrimination.

Thus, while the first concept emphasizes the absence of privileges, the second focuses on equality of treatment. Both aim to establish a foundation of legal equality and justice.

The Supreme Court has determined that Article 14 does not apply when equals and unequals are treated differently. While it prohibits class legislation, it allows for reasonable classification of persons, objects, and transactions. However, this classification must not be arbitrary or artificial; it should be based on an intelligible criterion and a substantial distinction.

Rule of Law

The concept of “equality before law” is a fundamental aspect of the Rule of Law, as articulated by British jurist A.V. Dicey. His doctrine includes three essential components:

  • (i) Absence of Arbitrary Power: No individual can be punished without a breach of law.
  • (ii) Equality Before the Law: All citizens (rich or poor, high or low, official or non-official) are equally subject to the ordinary laws administered by regular courts.
  • (iii) Primacy of Individual Rights: In Dicey’s view, the Constitution arises from individual rights as defined and enforced by courts, rather than being the source of these rights.

In the context of India, the first two elements are applicable, but the third is not. Here, the Constitution is regarded as the foundation of individual rights.

The Supreme Court has held that the Rule of Law, embodied in Article 14, is a “basic feature” of the Constitution and cannot be diminished even by constitutional amendments.

Exceptions to Equality

The principle of equality before the law is not absolute and certain constitutional exceptions exist:

  1. Immunities for the President and Governors (Article 361):
    • (i) The President and Governors are not answerable to any court regarding the exercise of their official powers and duties.
    • (ii) No criminal proceedings can be initiated or continued against the President or Governor during their term.
    • (iii) Courts cannot issue processes for the arrest or imprisonment of the President or Governor during their term.
    • (iv) No civil proceedings against them can be initiated during their term regarding actions taken in personal capacity without a two-month notice.
  2. Protection for Reporting Parliamentary Proceedings (Article 361-A): No individual can be held liable for civil or criminal action regarding the publication of accurate reports of parliamentary proceedings.
  3. Immunity for Members of Parliament (Article 105): Members of Parliament cannot face legal proceedings for anything said or voted on in Parliament or its committees.
  4. Immunity for State Legislators (Article 194): Similar protections apply to state legislators regarding their statements and votes in the legislature.

These provisions illustrate how certain exceptions are designed to protect the functions of government officials while maintaining the principle of equality under the law.

[WpProQuiz 1]
The Industrial Revolution not only revolutionized production but also fueled the expansion of European colonialism." Discuss the interconnectedness of industrial growth and imperialism.

Introduction
The Industrial Revolution, which began in the late 18th century, was a transformative period that reshaped production methods through technological advancements and mass manufacturing. This revolution not only revolutionized production but also had a profound impact on global politics, driving European powers to expand their colonial empires. The need for raw materials, new markets, and labor to sustain industrial growth led to the intensification of European colonialism.

Body

1. The Industrial Revolution and the Transformation of Production

  1. Technological Advancements:
    The invention of the steam engine by James Watt and innovations in textile production significantly boosted manufacturing capacities. Factories began mass-producing goods at faster rates, and technological improvements like machine tools and mass production techniques lowered production costs, making goods more affordable and accessible.
    Innovations in transportation, such as steamships and railways, further enhanced the efficiency of moving raw materials, accelerating industrial production.
  2. Shift in Economic Structures:
    The rise of factories and the decline of traditional cottage industries marked a shift from agrarian economies to urban, industrial economies. This transformation fostered the growth of urban centers and the rise of a new industrial working class. Industries like textiles, iron, and steel grew rapidly, requiring large-scale production systems to meet the demands of global markets.
  3. Increased Productivity:
    Advances such as the spinning jenny and power loom revolutionized textile production, allowing Britain to dominate the global textile trade. Mass production techniques, such as interchangeable parts, facilitated the assembly of complex goods like machinery, tools, and transport vehicles, further propelling industrial growth.

2. The Industrial Revolution and the Expansion of European Colonialism

  1. Demand for Raw Materials:
    The Industrial Revolution created an insatiable demand for raw materials, such as cotton, rubber, oil, and minerals. European powers turned to their colonies—India, Africa, and Southeast Asia—to supply these resources. For instance, India became a key supplier of cotton for Britain’s textile mills, while rubber from Africa contributed to the growing automobile and industrial sectors in Europe.
  2. New Markets for Manufactured Goods:
    European powers sought new markets for their mass-produced goods, and their colonies became captive markets for these products. This trade dynamic ensured that the wealth generated from industrial production flowed back to the imperial powers. Local industries in colonies were often undermined by the influx of European manufactured goods, such as textiles, while colonies were coerced into purchasing European products due to imperial trade policies, such as the British East India Company’s monopoly in India.
  3. Technological Advancements and Imperial Control:
    Steamships, railroads, and telegraph lines played a crucial role in expanding European territorial control over distant colonies. These innovations facilitated the movement of troops, supplies, and resources, enabling more effective governance and exploitation. Additionally, military technologies like the Maxim gun gave European powers a decisive advantage in suppressing local resistance, securing imperial dominance.
  4. Exploitation of Labor:
    The demand for cheap labor driven by industrial growth led European powers to exploit colonial populations. In India, indentured servitude became widespread, with workers subjected to long-term, exploitative labor contracts in plantations and construction projects, such as the railway system. This form of labor exploitation contributed to the wealth of the imperial powers while reinforcing the colonial economic structure.

Conclusion
The Industrial Revolution revolutionized global production methods and spurred the expansion of European colonialism, as industrial powers sought to secure raw materials, markets, and labor. This interconnectedness between industrial growth and imperialism not only reshaped the global economy but also laid the foundation for enduring global inequalities that continue to affect the modern world.

Discuss the complex interactions between cultural regeneration and political resistance in the Indian nationalist movement.

Introduction
The Indian nationalist movement, spanning the 19th and 20th centuries, was not merely a political effort against British colonial rule but also a profound cultural renaissance. This cultural revival aimed at reclaiming and redefining India’s identity and heritage, thereby strengthening the foundations of political resistance. The relationship between cultural regeneration and political resistance was mutually reinforcing, with each driving the other forward.

Body

1. Cultural Regeneration as the Foundation of Political Resistance

  1. Rediscovery of India’s Cultural Heritage:
    Indian reformers and scholars played a significant role in reviving and promoting the country’s ancient cultural and philosophical traditions. Raja Ram Mohan Roy and Swami Vivekananda sought to reintroduce the teachings of ancient texts, fostering a sense of national pride.
    Example: Dayananda Saraswati and the Arya Samaj advocated for a return to Vedic values, framing it as a rejection of the colonial imposition on Indian culture.

  2. The Bengal Renaissance and Nationalism:
    The Bengal Renaissance, spearheaded by thinkers like Rabindranath Tagore and Bankim Chandra Chatterjee, integrated cultural revival with nationalist ideas. Their works encouraged a resurgence of Indian consciousness.
    Example: Bankim Chandra’s Anandamath, which introduced “Vande Mataram” as a national symbol, became a rallying cry for the nationalist movement.

  3. Education as a Catalyst for Cultural Renewal:
    Institutions like Banaras Hindu University (BHU), founded by Madan Mohan Malaviya, combined modern education with Indian traditional values, strengthening the intellectual foundation for political resistance.
    Leaders like Bal Gangadhar Tilak used educational initiatives to cultivate a sense of national identity and to promote resistance against British colonial rule.

  4. Integration of Folk Culture into the Nationalist Struggle:
    Folk songs, stories, and symbols, which were vital parts of India’s rural traditions, became instrumental in mobilizing the masses for the nationalist cause.
    Example: The bhajan Raghupati Raghav Raja Ram, popularized by Mahatma Gandhi, became a unifying anthem that resonated with people across regions and communities.

2. Political Resistance Fueling Cultural Revival

  1. Religious Symbolism in Political Mobilization:
    Political leaders effectively utilized cultural and religious symbolism to stir nationalist sentiment and unite people across India.
    Example: Bal Gangadhar Tilak’s promotion of Ganesh Chaturthi as a public festival served not only to celebrate Indian culture but also to foster a sense of unity and pride among the masses.

  2. Countering British Cultural Hegemony:
    The nationalist movement sought to challenge the British narrative that portrayed Indians as “uncivilized” and inferior. Cultural narratives highlighting India’s rich heritage became essential in building pride in India’s past.
    Example: Swami Vivekananda’s speech at the 1893 Chicago Parliament of Religions emphasized India’s spiritual depth, positioning Indian culture as intellectually and morally superior, thus empowering political resistance.

Conclusion
The Indian nationalist movement was a powerful fusion of cultural regeneration and political resistance. Cultural revival instilled a sense of pride and unity, which invigorated the political struggle against British rule. Conversely, the political resistance provided the necessary urgency and platform for cultural renewal, ensuring its broad reach. This synergy between culture and politics laid the foundation for India’s eventual independence.

Historical Background

1. Regulating Act , 1973

2. Pitts India Act , 1984

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