Hint: The vitality of fundamental rights is stated in our constitution. Part III of the constitution covers all the traditional civil and political rights enumerated in the universal declaration of human rights. Dr B R Ambedkar described them as the most citizen part of the constitution. They were considered essential to protect the liberties and rights of the people against the infringement of the power delegated by them to their government. These rights embody the basic values cherished by the people of this country since the Vedic times.
Fundamental rights are always planned to protect the dignity of the individual and create situations that can help every human being to develop his personality to the fullest extent. They interlace a guaranteed pattern on the basic structure of human rights. It imposes negative obligations on the state, not on encroaching on individual liberty in its various dimensions. They are most essential for the attainment by the individual of his full intellectual, moral and spiritual status.
The object of the inclusion of them in the constitution is to establish a government of law and not of man. Fundamental Rights protect the liberties and freedom of the citizens against any invasion by the state, and prevent the establishment of authoritarian and dictatorial rule in the country. They are very essential for the all-around development of individuals and the country.
Fundamental rights are essentially human rights but are regulated by the Constitution in India. They integrate him with the society and at the same time as they incorporate educational value also, a citizen is able to understand the importance of all the members of the society. The Constitution also provides for enforcement of these rights hence they have legal value also which empower a citizen to protect, respect and fulfil the rule of law. They uphold the equality of all individuals, the dignity of the individual and the nation’s unity.
It can be very clear from the points below:-
1. Rule of Law: These rights are a protection for the citizens against the government and are necessary for having the rule of law and not of a government or a person. Since it is explicitly given by the constitution to the people, these rights dare not be transgressed by the authority. The govt. is fully answerable to the courts and is fully required to uphold these rights.
2. First fruits of the freedom struggle: After living in subjugation for such a long time, people had forgotten what freedom meant by freedom. These rights give people hope and belief that there is no stopping their growth. They are free from the whims of the rulers. In that sense, they are first fruits of the long freedom struggle and bring a sense of satisfaction and fulfilment.
3. Quantification of Freedom: Every Indian citizen is free to practice a religion of his choice, but that is not so in the Gulf countries. Our right to speech and expression allows us to freely criticize the govt. but this is not so in China.
Note: Classification of Fundamental rights:
i) Right to Equality
ii) Right to Freedom
iii) Right against Exploitation
iv) Right to Freedom of religion
v) Cultural and Educational Rights
vi) Right to Property
vii) Right to Constitutional Remedy