Question- Describe and assess the Fundamental Rights of Citizens.

Ans.

Fundamental Rights of Citizens

Dr. Ambedkar emphasized the twofold object of the fundamental rights : “First, that every citizen must be in a position to claim those rights. Secondly, they must be binding on every authority which has got either the power to make laws or the power to have discretion vested in it.” Accordingly, a comprehensive list of fundamental rights is included in Chapter III of the Indian constitution. These rights are grouped under six categories. (1) the right to equality, (2) the right to freedom, (3) the right against exploitation, (4) the right to freedom of religion, (5) cultural and educational rights, and (6) the rights to constitutional remedies.

(1) Right to Equality : The right to equality includes the following:

(i) Equality before law : The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

(ii) Prohibition against discrimination : The State shall not discrimination on the grounds of religion, race, sex, place of birth or any of them.

(iii) Equality of opportunity in matters of public employment : There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen, on grounds of religion race, caste, sex, descent place of birth, residence or any of them, shall be ineligible for, or discriminated against in respect of, any employment or office under the State.

(iv) Abolition of untouchability : Untouchability is abolished and its practice in any form is forbidden. Untouchability is an offence punishable in accordance with law.

(v) Abolition of titles : No, title, not being a military or academic distinction, shall be conferred by the State. No citizen of India shall accept any title from any foreign State.

(2) Right to Freedom : All citizens shall have the right.

(i)      (a) to freedom of speech and expression,

(b) to assemble peacefully without arms,
(c) to form associations and unions,
(d) to move freely throughout the territory of India,
(e) to reside and settle in any part of India, and
(f) to praise any profession or to carry on any occupation, trade or business.

(ii) Protection in respect of conviction for offences : (a) No person shall be convicted of an offence except for violation of law. (b) No person shall be prosecuted and punished for the same offence more than once. (c) No person accused of any offence shall be compelled to be a witness against himself.

(iii) Protection of life and liberty : No person shall be deprived of his life or personal liberty except according to procedure established by the law.

(iv) Protection against arrest and detention : (a) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest, nor shall be denied the right to be defended by a legal practitioner of his choice. (b) Every person who is arrested and detained in custody shall be produced before a magistrate within a period of twenty-four hours, and no person shall be detained in custody without the authority of a magistrate.

(3) Right against Exploitation : It includes the following :

(i) Traffic in human beings is prohibited.

(ii) ‘Beggar’ and other similar forms of forced labour are prohibited. Any controvention of this provision is punishable in accordance with law.

(iii) No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any hazardous employment.

(4) Right to Freedom of Religion : It includes the following :

(i) All persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.

(ii) Every religious denomination or section thereof has the right to establish and maintain institutions for religious and charitable purposes, to manage its own affairs in matters of religion, to own and acquire movable and immovable property, and to administer such property in accordance with law.

(iii) No person shall be compelled to pay any taxes, the proceeds of which are meant for any particular religion.

(iv) No religious instruction shall be provided in any educational institution wholly maintained out of state funds.

(5) Cultural and Educational Rights : It includes the following :

(i) Any section of the people of India having its own language, script or culture shall have a right to conserve the same.

(ii) All minorities, whether based on religion or language have the right to establish and administer educational institutions of their choice.

(6) Right to Constitutional Remedies : This right is enumerated in Art. 32 which was called by Ambedkar as “the heart and soul” of the constitution. It protects our rights. It includes the following :

(i) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights is guaranteed.

(ii) The Supreme Court has the power to issue directions or orders or writs for the enforcement of any rights. The important writs are : Habeas Corpus, Mandamus, Prohibition, Certiorae and Quo Warranto.

Assessment of the Fundamental Rights

The rights guaranteed by the constitution are criticized on the following grounds :

(1) Negative : Although the rights guaranteed are important, they are mostly negative. Positive rights, such as, the right to work, the right to education, medical care, maintenance in old age and sickness and the right to housing do not find place in the Indian Constitution. In the socialist countries these rights are guaranteed to the citizens. The absence of positive rights indicates that our Constitution defends the rights of the exploiters and property owners.

(2) Restricted : Fundamental rights are restricted. (i) Freedom of Speech : The state has enormous powers to curtail the right to freedom of speech, association and the Press. The Press Bills enacted by the Governments of Bihar, Orissa and Tamil Nadu prove this. Right to personal freedom is meaningless as the State can enact laws to curtail it.

(ii) The Right to Equality : It is meaningless because the constitution empowers the State to make special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. There is reservation in government services for these classes. Seats are reserved for the Scheduled Castes and the Scheduled Tribes in the Central and State Legislatures. There is reservation for the Anglo-Indian community. Reservation whether in Legislatures or in services is against the spirit of equality.

(iii) The Special rights : Guaranteed to the minorities there also violate the principle of equality. The minorities have the right to establish and administer educational institutions. At the same time they have the right to get financial aid for their institutions. Thus, they have the right to spread their religion through their educational institutions, but the Hindus have no such right.

(iv) Power of Proclaimation of Emergency : The President has the power to proclaim Emergency in certain conditions. While a Proclamation of Emergency is in operation the fundamental rights can be suspended, including the right to move any court for the enforcement of such rights.

(v) Directive Principles have supremacy over the fundamental rights : If the State enacts a law to give effect to the Directive Principles of State Policy it cannot be deemed to be void on the ground that it is inconsistent with or violative of the fundamental rights.

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