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Constitutional Law: Fundamental Rights

This page provides an introduction to India's Fundamental Rights as enshrined in the Constitution of India. These rights form the cornerstone of individual liberties and freedoms in the country. As a law student studying for your LLB, understanding these fundamental principles is crucial for grasping the broader framework of constitutional law.

Overview of Fundamental Rights​

India's Constitution guarantees several Fundamental Rights to its citizens. These rights are designed to protect individuals from arbitrary state action and ensure their dignity and well-being. Some of the most important Fundamental Rights include:

  • Right to Equality (Article 14)
  • Right to Freedom (Article 19)
  • Right to Life and Liberty (Article 21)
  • Right to Freedom of Religion (Article 25-28)
  • Right to Constitutional Remedies (Article 32)

Each of these rights plays a significant role in shaping the relationship between the individual and the state in India.

Case Laws and Illustrations​

To better understand these Fundamental Rights, let's explore some landmark cases that have shaped their interpretation and application:

Right to Equality (Article 14)​

In E.P. Royappa v. State of Tamil Nadu (1974), the Supreme Court held that Article 14 prohibits arbitrary classification of persons or things. This case established the principle of "classification based on intelligible differentia."

Illustration: A state government imposes a tax on all vehicles entering the city during rush hour. If this tax disproportionately affects certain groups, such as truck drivers, it may violate Article 14.

Right to Freedom (Article 19)​

In Romesh Thapar v. State of Madhya Pradesh (1950), the Supreme Court upheld the right to freedom of press under Article 19(1)(a). The court ruled that even though the government had imposed censorship, the right to publish was still protected.

Illustration: A journalist writes an article criticizing government policies. If the government responds by revoking her press license without due process, she might argue that her rights under Article 19 have been violated.

Right to Life and Liberty (Article 21)​

In Maneka Gandhi v. Union of India (1978), the Supreme Court expanded the scope of Article 21 beyond just physical life to include personal liberty. The court held that any deprivation of life or personal liberty must be in accordance with procedure established by law.

Illustration: A person is arrested and detained without trial for several years. They might claim that their right to life and liberty under Article 21 has been violated.

For easy reference, here are the relevant sections of the Constitution that pertain to the Fundamental Rights discussed:

  • Article 14: Right to Equality
  • Article 19: Right to Freedom
  • Article 21: Right to Life and Liberty
  • Articles 25-28: Right to Freedom of Religion
  • Article 32: Right to Constitutional Remedies

Understanding these Fundamental Rights and their application through case law is crucial for aspiring lawyers and law students. As you continue your studies, keep in mind how these rights intersect with other constitutional provisions and how they evolve over time through judicial interpretation.

Remember to consult the full text of the Constitution of India for more detailed information on these rights and their limitations.