Origin, Purpose and Significance of Fundamental Rights

Fundamental Rights encompass a collection of vital freedoms and entitlements that are constitutionally guaranteed to every citizen within a nation. These rights form the foundation of individual liberty, safeguarding citizens against arbitrary actions by the state and ensuring the protection of basic human rights and freedoms. They play a crucial role in maintaining democracy, justice, and equality in society, effectively preventing the rise of authoritarian and tyrannical governance. In essence, they strive to establish a system governed by laws rather than by individuals.

The designation of Fundamental Rights arises from their guarantee and protection under the Constitution, which serves as the supreme legal framework of the country. These rights are deemed fundamental due to their critical importance for the holistic development, dignity, and welfare of individuals. Their profound significance has led to their characterization as the Magna Carta of India.

Synopsis: 

1. Introduction
2. Origin of Fundamental Rights
3. Fundamental Rights of India
4. Characteristics of Fundamental Rights
5. Importance of Fundamental Rights
6. Conclusion

1. Introduction
   
   The Indian Constitution initially incorporated seven fundamental rights, which were influenced by the United States Constitution. However, the right to property was subsequently eliminated. Currently, the Indian Constitution safeguards six fundamental rights. These rights are explicitly recognized within the Constitution, which asserts their inviolability for the citizens of India. Among these six primary rights are provisions related to human life, personal integrity, and education, among others. The discourse surrounding fundamental rights remains a significant topic in Indian politics. While it constitutes a crucial and stable component of the educational framework, it also exhibits a dynamic nature, frequently appearing in news coverage and public discussions.
   
   Fundamental human rights are those rights that the Supreme Court has determined require substantial protection from governmental interference. Legislation that encroaches upon these fundamental rights is generally subject to stringent scrutiny to be deemed constitutional. These rights are enshrined in the Indian Constitution, ensuring that they are available to all individuals in India, irrespective of race, religion, gender, or other distinguishing characteristics. Under certain circumstances, the judiciary possesses the authority to safeguard these fundamental rights.
   
2. Origin of Fundamental Rights
   
   In the early months of 1215, the English populace received formal assurances of their ancient liberties through a document known as the Magna Carta, issued by King John. This marked the inaugural instance of a written guarantee of rights for the people. Subsequently, in 1689, the Bill of Rights was established to reinforce essential rights and liberties for the citizens of England. The fundamental rights enshrined in Part III of the Indian Constitution are often referred to as the Magna Carta of India.
   
   In France, the Declaration of the Rights of Man and of the Citizen, adopted in 1789, proclaims the natural, inalienable, and sacred rights of individuals. Inspired by the principles of the British Magna Carta and the French Declaration, the American framers included a Bill of Rights in their Constitution.
   
   During the drafting of the Indian Constitution, the architects drew inspiration from the American Bill of Rights, embedding Fundamental Rights that safeguard the liberties of Indian citizens. While the American Bill of Rights comprises a limited number of provisions, the Indian Constitution elaborates on fundamental rights in a manner unparalleled by any other nation. As previously noted, these Fundamental Rights are deemed crucial in protecting against any infringement of the powers conferred upon the government.
   
   English Bill of Rights:
   The Bill of Rights of 1689 is an Act of Parliament in England, formally titled An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown, commonly referred to as the Bill of Rights. It stands as one of the foundational documents of English constitutional law, alongside the Magna Carta, the Act of Settlement of 1701, and the Parliament Acts. Additionally, it is incorporated into the legal frameworks of several Commonwealth nations, including New Zealand. A similar yet distinct document, the Claim of Right, is applicable in Scotland.
   
   The American Bill of Rights:
   The American Bill of Rights draws inspiration from the ideas of Thomas Jefferson, was drafted by James Madison and ratified in 1791. This foundational document consists of ten amendments, which collectively established essential legal protections and became integral to the Constitution.
   
   Universal Declaration of Human Rights (UDHR):
   The Universal Declaration of Human Rights (UDHR) serves as a cornerstone of international human rights legislation. Eleanor Roosevelt, who led the United Nations (UN) Commission on Human Rights during the drafting process, famously likened it to humanity’s Magna Carta. The adoption of the UDHR by the UN General Assembly on December 10, 1948, was significantly influenced by the lessons learned from the Second World War. In the aftermath of this global conflict and the establishment of the United Nations, the international community committed itself to preventing the recurrence of such atrocities.
   
3. Fundamental Rights of India
   
   The Indian Constitution enshrines six essential rights, accompanied by their corresponding constitutional provisions:
   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).

4. Characteristics of Fundamental Rights
   
   The characteristics of Fundamental Rights enshrined in the Indian Constitution can be summarized as follows:
   1. Certain rights are exclusively granted to citizens, while others extend to all individuals, including non-citizens and legal entities such as corporations. These rights are not absolute; rather, they are subject to reasonable limitations imposed by the state, thereby ensuring a balance between individual freedoms and the needs of society.
   2. These rights serve as a safeguard against arbitrary actions by the state, and in some instances, they also protect individuals from the actions of private entities. Some rights are characterized as negative, as they restrict state authority, whereas others are positive, conferring specific privileges upon individuals.
   3. The enforceability of these rights through the judiciary allows individuals to pursue legal recourse in cases of infringement, thereby facilitating access to justice and holding the government accountable for its conduct. The Supreme Court plays a crucial role in the protection of these rights, enabling individuals to approach it directly without the necessity of appealing to higher courts.
   4. It is important to note that these rights are not immutable; they can be modified by Parliament through a constitutional amendment process, provided such changes do not contravene the Constitution’s basic structure. In times of national emergency, the President has the authority to suspend certain rights, with the exception of those protected under Articles 20 and 21.
   5. Furthermore, Parliament has the power to limit or revoke the application of these rights for members of the armed forces, paramilitary forces, police, intelligence agencies, and similar services, as outlined in Article 33. During martial law, the enforcement of these rights may also be curtailed, as specified in Article 34. While many rights are directly enforceable, others require specific legislation for their implementation, which can only be enacted by Parliament, as stated in Article 35.

5. Importance of Fundamental Rights
   
   The constitution acknowledges the significance of fundamental rights, which Dr. B. R. Ambedkar described as the most citizen-centric elements of the legal framework. These rights were deemed essential to safeguard the freedoms and entitlements of individuals from potential governmental overreach. Fundamental rights are vital as they form the core of the nation’s legal and ethical structure.
   
   These rights embody the core principles cherished by citizens since the Vedic period, establishing a consistent framework within the broader context of human rights. They impose limitations on state power, ensuring that the government does not infringe upon individual liberties in any form. Such rights are indispensable for individuals to realize their full intellectual, moral, and spiritual potential. They uphold the dignity of all individuals and contribute to the cohesion of the nation.
   
   The following points illustrate this:
   
   Law and Order: These rights protect citizens from state encroachment and are essential for the existence of a just legal system, as opposed to the arbitrary rule of an individual or government. The constitution guarantees these rights to the populace, preventing authorities from infringing upon them. The government is fully accountable to the judiciary and is obligated to uphold these rights.
   
   The initial outcome of the struggle for liberation is that many individuals have lost sight of the true meaning of freedom after enduring prolonged oppression. They are no longer at the mercy of arbitrary authority. In this sense, these rights represent the first tangible results of the protracted fight for independence, providing a sense of satisfaction and fulfillment.
   
   Freedom of Abstract Reasoning: Every Indian citizen has the liberty to practice their chosen religion, a privilege not universally available in Gulf nations.

6. Conclusion
   
   Fundamental rights were incorporated into the Constitution based on the belief that they facilitate judicial review, foster the development of individual personality, and uphold human dignity and respect. In the United States, the right to freedom of speech and expression allows citizens to openly critique the government, a privilege not afforded in China. These rights instill a sense of hope in individuals, reinforcing the notion that they are capable of overcoming obstacles to their advancement. While many of these rights can be invoked against the state through their explicit language, certain rights can be enforced directly against both the state and individuals.