FUNDAMENTAL RIGHTS

1. Context

Supreme Court recognised walking on demarcated footpaths as a fundamental right and urged the government to introduce a law that declares this right. The two-judge bench’s ruling came in a case involving the death of a schoolboy in a road accident.

2. What are the Fundamental Rights?

Fundamental Rights are the basic human rights guaranteed by the Constitution of India to all citizens (and, in some cases, to all persons). They are contained in Part III (Articles 12–35) of the Constitution.
These rights protect the dignity, liberty, equality, and freedom of individuals against arbitrary actions of the State. They also ensure the establishment of a democratic and welfare-oriented society.
Fundamental Rights form the cornerstone of the Indian Constitution by balancing individual liberty with societal interests. They guarantee equality, freedom, justice, and human dignity while ensuring that governmental power remains subject to constitutional limitations.
Through judicial interpretation, particularly under Article 21, these rights have evolved into dynamic instruments for protecting civil liberties and promoting constitutional morality, making them indispensable to India's democratic framework

3. What are the constitutional articles related to it?

Right to Equality (Articles 14–18)
- Equality before the law
- Prohibition of discrimination
- Equality of opportunity in public employment
- Abolition of untouchability
- Abolition of titles
Right to Freedom (Articles 19–22)
- Freedom of speech and expression
- Freedom of assembly
- Freedom to form associations
- Freedom of movement
- Freedom to reside anywhere in India
- Freedom to practice any profession
- Protection in respect of conviction for offences
- Protection of life and personal liberty
- Protection against arbitrary arrest and detention
Right against Exploitation (Articles 23–24)
- Prohibition of human trafficking and forced labour
- Prohibition of child labour in hazardous occupations
Right to Freedom of Religion (Articles 25–28)
- Freedom of conscience and religion
- Freedom to manage religious affairs
- Freedom from certain religious taxes
- Freedom from religious instruction in certain educational institutions
Cultural and Educational Rights (Articles 29–30)
- Protection of the interests of minorities
- Right of minorities to establish and administer educational institutions
Right to Constitutional Remedies (Article 32)
- Right to approach the courts for enforcement of Fundamental Rights. B. R. Ambedkar called this the "heart and soul" of the Constitution.

4. Fundamental Rights Available Only to Citizens

The Constitution of India guarantees several Fundamental Rights under Part III (Articles 12–35). While many of these rights are available to all persons, including foreigners, certain rights are reserved exclusively for Indian citizens.
These rights recognize the special legal and political relationship between the State and its citizens.
They primarily relate to equality, freedom, participation in public affairs, and the protection of India's cultural and educational heritage.
The Fundamental Rights available only to citizens are contained in Articles 15, 16, 19, 29, and 30.

Article 15 prohibits the State from discriminating against any citizen solely on the grounds of religion, race, caste, sex, or place of birth. The objective of this provision is to ensure equality in public life and prevent unfair treatment based on social or personal characteristics
Article 16 guarantees equal opportunity to all citizens in matters relating to employment or appointment under the State. Every citizen has the right to compete for public employment without arbitrary discrimination
Article 19 is one of the most significant Fundamental Rights because it guarantees the essential freedoms required for the functioning of a democratic society. These freedoms are available only to Indian citizens.
Article 29(1) provides that any section of the citizens residing in India having a distinct language, script, or culture has the right to conserve and preserve it. This provision recognizes India's immense cultural and linguistic diversity and seeks to protect the identity of different communities.
Article 29 ensures that communities can preserve their traditions, language, literature, and cultural heritage without interference.
Article 29(2) further prohibits denial of admission into educational institutions maintained by the State or receiving State aid solely on grounds of religion, race, caste, language, or any of them.
Article 30 grants religious and linguistic minorities the right to establish and administer educational institutions of their choice. The objective is to preserve the identity, culture, language, and traditions of minority communities through education.

5. Fundamental Rights and Duties Difference

The Fundamental Rights and Fundamental Duties are two essential features of the Constitution of India.
While Fundamental Rights guarantee certain freedoms and protections to individuals against arbitrary State action, Fundamental Duties remind citizens of their moral and civic obligations towards the nation. Together, they seek to establish a balance between individual liberty and social responsibility, thereby strengthening Indian democracy.
Fundamental Rights are contained in Part III (Articles 12–35) of the Constitution, whereas Fundamental Duties are contained in Part IVA (Article 51A).
The Fundamental Duties were inserted by the Forty-second Amendment of the Constitution of India on the recommendation of the Swaran Singh Committee.
Later, the Eighty-sixth Amendment of the Constitution of India added the eleventh Fundamental Duty, requiring parents or guardians to provide educational opportunities to children between the ages of six and fourteen years.

Fundamental Rights and Fundamental Duties are complementary rather than contradictory. Rights enable citizens to enjoy freedom and dignity, while duties ensure that these freedoms are exercised responsibly without harming society or the nation.

For example:

The Right to Freedom of Speech and Expression should be exercised responsibly without promoting hatred or violence.
The Right to Freedom of Religion should be balanced with the duty to promote harmony and the spirit of common brotherhood.
The Right to Education is complemented by the duty of parents or guardians to provide educational opportunities to children between six and fourteen years of age.
The Right to a Clean Environment, recognized through judicial interpretation of Article 21, is supported by the duty to protect and improve the natural environment under Article 51A(g).

6. Way Forward

The Supreme Court on 19th June held that the right to walk on secured footpaths is a fundamental right and urged the government to bring a law that declares this right and recognises the duty of municipal authorities and local bodies to build, demarcate, and maintain necessary pedestrian infrastructure

For Premins: Indian Polity and Governance, Fundamental rights, Fundamental Duties

For Mains: General Studies II: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Source: Indianexpress

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FUNDAMENTAL RIGHTS

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