Question

Explain the meaning and importance of Fundamental Rights.

Answer 1

Hint: During the British rule, Indians did not have fundamental rights. Rights of the Indian subjects emanated from the British statutory grants. The first explicit demand for fundamental rights was in the form of the Swaraj Bill inspired by Lokmanya Tilak. The Indian National Congress adopted a series of resolutions between 1917 and 1919, which demanded civil rights and equality of status with Englishmen. Later, Annie Besant’s Commonwealth of India Bill enumerated fundamental rights. The decision to have a list of written rights after Independence marked a sharp break from British Constitutional tradition and practice.

Complete step by step solution:
Fundamental Rights are essential human rights guaranteed to all Indian citizens under Part III (Articles 12-35) of the Indian Constitution. They are civil and political in nature. The six fundamental rights enshrined in the Constitution are: Right to Equality (Articles 14-18), Right to Freedom (Articles 19-22), Right against Exploitation (Article 23-24), Right to Freedom of Religion (Articles 25-28), Cultural and Educational Rights (Articles 29-30), and Right to Constitutional Remedies (Articles 32). If any of the Fundamental Rights are violated, the individual affected is entitled to move to the Supreme Court or High Court for protection and enforcement of their rights. The Supreme Court is, therefore, the guardian of the Constitution and the custodian of people's fundamental rights. The Rights are not absolute, therefore they are clearly defined in their scope and limitations. The decision to have a list of written rights marked a sharp break from the British Constitutional tradition and practice but the framers felt it was important because their colonial experience had developed in them a healthy suspicion of government. The Fundamental Rights, thus protects citizens (and non-citizens) from arbitrary state intervention and ensures the efficient functioning of democracy.

Note: Do not confuse the Fundamental Rights with the Directive Principles of State Policy which are contained in Part IV of the Indian Constitution. Unlike the Fundamental Rights, the Directive Principles of State Policy are social and economic rights that act as guiding principles of governance of the country.