Currently, fundamental rights of citizens are an engaging topic of ongoing discussions. We must understand and protect our fundamental rights.
Preamble and Fundamental Rights in India: Constitutional Structure
The Indian Constitution has a preamble that lays down the spirit of the constitution and consists of 395 Articles and 8 Schedules, which articulate the structure of the Governance of the Country.
The Preamble sets the foundation for unity in diversity. It says:
- Justice – social, economic, and political;
- Liberty of thought, expression, belief, faith, and worship;
- Equality of status, opportunity, and promotion;
- Fraternity
All of the above ensures maintaining the dignity of individuals, the unity, and the integrity of the nation.
Articles 12 to 35: Fundamental Rights in India Explained
Moreover, Part III of the Constitution enunciates the fundamental rights of citizens from Articles 12 to 35.
Prominent among these is Article 13(1), which states that any law before the commencement of this constitution that is inconsistent with the provisions of this part of the constitution shall, to the extent of such inconsistency, be void.
Article 13(2) provides that no state shall make any law that takes away or abridges the rights conferred by this part.
Any contravention of this part shall be void. Then, Article 19 confers protection of certain rights on all citizens, the rights being as follows:
- Freedom of speech and expression.
- To assemble peaceably and without arms.
- To form associations or unions or cooperative societies.
- To move freely throughout the territory of India.
- To reside and settle in any part of the territory of India.
- Clause (f) omitted by the (Forty-fourth Amendment) Act, 1978, section 2(a)(ii) [w.e.f. 20.06.1979]
- To practice any profession or to carry on any occupation, trade, or business.
Nothing in all these sub-clauses shall affect the operation of any existing law or making any law insofar as it imposes reasonable restrictions on the exercise of such rights conferred in the interest of the Sovereignty and Integrity of India, its security, friendly relations with foreign states, public order, decency, or morality or concerning contempt of court, defamation, or incitement to any offense.
Corporate Entities and Fundamental Rights
Prevalent Company Law notably treats a company as a person. However, a company is not a natural person. Therefore, the company is not a citizen and has no fundamental rights.
Thus, a company cannot enforce the fundamental rights under Article 19, and hence, cannot maintain a petition under Article 32.
Article 21: Personal Liberty under Fundamental Rights in India
Furthermore, Article 21 deals with the protection of life and personal liberty. It states that no person shall be deprived of their life or personal liberty except according to the procedure established by law.
Elderly Individuals and the Right to Dignity- The provision ensures elderly individuals can live with dignity and provide reasonable and suitable accommodation, medical assistance, and geriatric care. For such a wholesome arrangement, time is required for implementation and execution.
Meanwhile, because the procedure is lengthy for implementation and execution, the courts are passing mandamus as a solution, a well-recognized practice and process, to ensure that the courts respect, recognize, and enforce people’s rights, to grant social justice as envisaged in the Preamble.
Women’s Reproductive Rights and Personal Liberty
The woman’s right to make reproductive choices is also a dimension of personal liberty and comes under Article 21.
We must note that reproductive choice includes both procreating and choosing not to procreate. The essential rumination is that a woman’s right to privacy, dignity, and bodily integrity is to be respected.
Access to Justice: Legal Aid for the Public
All the rights discussed above are safeguarded with the assistance of the Police, Judiciary, and other administrative machinery. Nobody is allowed to trample these rights. If somebody tries to cross the set boundaries, the aggrieved person can file an appeal in the High Court or the Supreme Court.
However, one not well-versed and low on funds/money will find it difficult to file a suit. To help such people, the government provides para-legal services and legal aid systems to procure justice.
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