Introduction

The Indian Constitution guarantees several fundamental rights to its citizens. These rights are
enshrined in Part III of the Constitution, which is also known as the ‘Fundamental Rights’
chapter. The fundamental rights are considered to be the cornerstone of Indian democracy, as
they ensure that every citizen is treated equally and with dignity.

The Constitution of India, adopted on 26th January 1950, is the country’s supreme law. It
provides for a federal system of government and a parliamentary form of democracy. The
Indian Constitution is unique in its structure and content, and it is considered one of the world's
most detailed and comprehensive constitutions. One of the significant features of the
Constitution of India is its recognition of fundamental rights.

Sources of Fundamental Rights in the Indian Constitution

The Indian Constitution draws its inspiration from various sources such as the Universal
Declaration of Human Rights, the Constitution of the United States of America, the
Constitution of the United Kingdom, and the Indian independence movement.

Universal Declaration of Human Rights

The drafting committee of the Indian Constitution was influenced by the Universal Declaration
of Human Rights, which was adopted by the United Nations General Assembly in 1948. The
Universal Declaration of Human Rights recognized the inherent dignity and equal and
inalienable rights of all human family members. The Indian Constitution, therefore, recognizes
the importance of human rights and provides for their protection.

Constitution of the United States of America

The Indian Constitution was also influenced by the Constitution of the United States of
America. The American Constitution is known for its emphasis on individual rights and
freedoms. The Indian Constitution, therefore, provides for fundamental rights essential for
protecting individual rights and freedoms.
Constitution of the United Kingdom

The Indian Constitution was also influenced by the Constitution of the United Kingdom. The
British Constitution is known for its emphasis on the rule of law and the protection of individual
rights. The Indian Constitution, therefore, provides for fundamental rights essential for
protecting individual rights and freedoms.

Indian Independence Movement

The primary source of fundamental rights in the Indian Constitution was the Indian
independence movement, which fought for the protection of human rights and civil liberties.
The Indian freedom struggle was led by Mahatma Gandhi, who emphasized the importance of
individual rights and freedoms. The Indian National Congress, which played a significant role
in the Indian independence movement, also advocated for the protection of fundamental rights.
The drafting committee of the Indian Constitution was headed by Dr. B.R. Ambedkar, who was
a prominent leader of the Indian independence movement and a strong advocate for the
protection of fundamental rights. The fundamental rights in the Indian Constitution reflect the
values and principles of the Indian independence movement, which emphasized the importance
of individual rights and freedoms. The fundamental rights in the Indian Constitution are derived
from various sources. Here are the different sources of fundamental rights in the Indian
Constitution:

Preamble: The Preamble of the Indian Constitution declares India to be a sovereign, socialist,
secular, democratic republic that guarantees justice, equality, and liberty to all its citizens.
Fundamental rights are an essential part of this declaration.

Part III: Part III of the Indian Constitution contains the fundamental rights of Indian citizens.
These rights are enforceable by the courts, and any law or action that violates these rights can
be struck down by the judiciary.

Constitutional Conventions: The Indian Constitution draws on the constitutional conventions

of other countries, such as the United States, Canada, Australia, and Ireland, to articulate its
fundamental rights. Many of these conventions are reflected in the Indian Constitution's
provisions on fundamental rights.
Universal Declaration of Human Rights (UDHR): The UDHR, adopted by the United Nations
General Assembly in 1948, is an important source of fundamental rights in the Indian
Constitution. Many of the fundamental rights enshrined in the Indian Constitution are based on
the provisions of the UDHR.

Judicial Decisions: The Indian judiciary has played a critical role in interpreting and expanding
the scope of fundamental rights in the Indian Constitution. The Supreme Court of India has
relied on international human rights law, constitutional principles, and legal precedents to
interpret and apply the fundamental rights enshrined in the Constitution.

Customs and traditions: Customs and traditions also serve as a source of fundamental rights in
India. Many customs and practices, such as the right to worship, have been recognized and
protected as fundamental rights under the Constitution.

Fundamental Rights in the Indian Constitution

The fundamental rights in the Indian Constitution are enshrined in Part III of the Constitution,
from Articles 12 to 35. These fundamental rights are considered to be essential for the
protection and well-being of all citizens in India, regardless of their religion, caste, gender, or
other characteristics.

Right to Equality

The right to equality is enshrined in Article 14 of the Indian Constitution, which states that all
citizens are equal before the law and are entitled to equal protection of the law. This means that
no person can be discriminated against on the grounds of religion, caste, gender, or any other
characteristic. The right to equality also includes the right to equal opportunities in matters of
employment, education, and public services.

State of Punjab v. Harcharan Singh1

In this case, the Supreme Court held that the provision of reservation for scheduled castes and
scheduled tribes in promotions violates Article 14 of the Constitution as it amounts to reverse
discrimination.

1
AIR 1981 SC 1293.
Indra Sawhney v. Union of India2

This case, also known as the Mandal Commission case, dealt with the reservation of seats in
government jobs and educational institutions for the socially and educationally backward
classes (SEBCs). The Supreme Court held that reservation in promotions can be made only in
"extraordinary situations" and that the total reservation in jobs and education cannot exceed
50%.

Maneka Gandhi v. Union of India3

In this case, the Supreme Court held that the right to travel abroad is a part of the right to
personal liberty under Article 21 of the Constitution. The Court also held that the procedure for
depriving a person of his/her passport must be reasonable and fair, and the person concerned
must be given an opportunity to be heard.

E.P. Royappa v. State of Tamil Nadu4

In this case, the Supreme Court held that equality before the law means the absence of any
arbitrary discrimination. The Court also held that the right to equality does not mean that every
law must have universal application and that reasonable classification is permissible if it is
based on an intelligible differentia.

Navtej Singh Johar v. Union of India5

In this case, the Supreme Court struck down Section 377 of the Indian Penal Code, which
criminalized consensual sexual activity between adults of the same sex. The Court held that the
provision violated the right to equality and the right to live with dignity under Articles 14, 15,
and 21 of the Constitution.

The right to equality also includes the right to affirmative action, which is enshrined in Articles
15 and 16 of the Indian Constitution. These articles provide for the reservation of seats in
educational institutions and government jobs for socially and educationally backward classes
of citizens. This provision is aimed at correcting historical injustices and promoting social and
economic equality.

2
AIR 1993 SC 477
3
AIR 1978 SC 597
4
AIR 1974 SC 555
5
(2018) 10 SCC 1
Right to Freedom

The right to freedom is enshrined in Articles 19 to 22 of the Indian Constitution. This right
includes the freedom of speech and expression, the freedom to assemble peacefully and without
arms, the freedom to form associations or unions, and the freedom to move freely throughout
the territory.

S. R. Bommai v. Union of India6

In this case, the Supreme Court held that the right to freedom of speech and expression includes
the right to criticize the government and its policies. The Court also held that the imposition of
President's rule under Article 356 of the Constitution is subject to judicial review.

Kharak Singh v. State of Uttar Pradesh7

In this case, the Supreme Court held that the right to privacy is a fundamental right under the
Constitution, and it is included in the right to personal liberty under Article 21. The Court also
held that the police cannot conduct surveillance on a person unless there is a valid reason to do
so.

Shreya Singhal v. Union of India8

In this case, the Supreme Court struck down Section 66A of the Information Technology Act,
which criminalized the sending of offensive messages through electronic communication. The
Court held that the provision violated the right to freedom of speech and expression under
Article 19(1)(a) of the Constitution.

State of Madras v. V.G. Row9

In this case, the Supreme Court held that the right to freedom of speech and expression under
Article 19(1)(a) of the Constitution is not absolute, and it is subject to reasonable restrictions.
The Court also held that the restrictions must be imposed in the interest of the sovereignty and
integrity of India, the security of the State, friendly relations with foreign States, public order,
decency, or morality.

6
AIR 1994 SC 1918
7
AIR 1963 SC 1295
8
AIR 2015 SC 1523
9
AIR 1952 SC 196
Right against Exploitation

Articles 23 and 24 of the Indian Constitution provide for the right against exploitation. Article
23 prohibits trafficking in human beings and forced labor, while Article 24 prohibits the
employment of children below the age of 14 years in factories, mines, or other hazardous
occupations.

Right to Freedom of Religion

Articles 25 to 28 of the Indian Constitution provide for the right to freedom of religion. This
right includes the freedom to profess, practice, and propagate any religion. The Constitution
also prohibits discrimination based on religion and ensures the protection of the religious rights
of minorities.

Cultural and Educational Rights

Articles 29 and 30 of the Indian Constitution provide for the protection of cultural and
educational rights of minorities. These articles ensure that minorities have the right to conserve
their language, script, and culture. They also provide for the right of minorities to establish and
administer educational institutions of their choice.

Right to Constitutional Remedies

Article 32 of the Indian Constitution provides for the right to constitutional remedies. This right
enables citizens to approach the Supreme Court or High Court for the enforcement of their
fundamental rights. The Supreme Court has the power to issue writs such as habeas corpus,
mandamus, prohibition, certiorari, and quo warranto for the enforcement of fundamental rights.

Limitations on Fundamental Rights

Although the Indian Constitution guarantees fundamental rights to all citizens, these rights are
not absolute. The Constitution also provides for certain limitations on the exercise of these
rights in the interest of public order, morality, and the sovereignty and integrity of India. The
Constitution also provides for reasonable restrictions on the exercise of these rights in the
interest of the security of the state, friendly relations with foreign states, and public order.

ADM Jabalpur v. Shivkant Shukla10

10
AIR 1976 SC 1207
In this case, the Supreme Court held that during the period of emergency, the government can
suspend the right to move to a court for the enforcement of Fundamental Rights under Article
21 of the Constitution. The Court also held that the government's actions cannot be questioned
in a court of law.

Bennett Coleman & Co. v. Union of India11

In this case, the Supreme Court held that the right to freedom of the press is not absolute and
is subject to reasonable restrictions in the interest of public order, decency, or morality.

AK Gopalan v. State of Madras12

In this case, the Supreme Court held that the right to life and personal liberty under Article 21
of the Constitution is narrow and does not include the right to privacy, free legal aid, and speedy
trial. The Court also held that preventive detention is not violative of Article 22 of the
Constitution if the detention is made in accordance with the law.

Olga Tellis v. Bombay Municipal Corporation13

In this case, the Supreme Court held that the right to livelihood is a part of the right to life under
Article 21 of the Constitution. The Court also held that the eviction of pavement dwellers
without providing them with an alternative place of residence violates their right to life and
livelihood.

Conclusion

The fundamental rights enshrined in the Indian Constitution are a reflection of the values and
principles of the Indian independence movement. These rights are considered essential for the
protection and well-being of all citizens in India, regardless of their religion, caste, gender, or
other characteristics. The Constitution also provides for certain limitations on the exercise of
these rights in the interest of public order, morality, and the sovereignty and integrity of India.
The Indian Constitution is unique in its structure and content, and it is considered one of the
world's most detailed and comprehensive constitutions.

11
AIR 1973 SC 106
12
AIR 1950 SC 27
13
AIR 1986 SC 180