Isabella Carter
The Indian Constitution is often referred to as the 'conscience-keeper' of the country, with the section on Fundamental Rights being called the 'conscience' of the Constitution. These rights are the 'key stone' of democracy, protecting citizens against the arbitrary and absolute exercise of power by the State. There are six Fundamental Rights in the Indian Constitution, including freedom of conscience and the right to freely profess, practice, and propagate religion. The Constitution, therefore, acts as a guiding force for the country, ensuring the well-being of all its citizens.
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What You'll Learn
- The Fundamental Rights section of the Indian Constitution is its 'conscience'
- The Constitution is a 'conscience-keeper' for democracy
- The Constitution protects citizens against the arbitrary and absolute exercise of power by the State
- The Constitution guarantees freedom of religion
- The Constitution ensures the right to freedom of conscience
The Fundamental Rights section of the Indian Constitution is its 'conscience'
The Fundamental Rights section of the Indian Constitution is often referred to as its conscience. This is because these rights are the 'key stone' of democracy, protecting citizens from the arbitrary and absolute exercise of power by the State.
Fundamental Rights are enshrined in Part III (Articles 12–35) of the Indian Constitution. They are broadly classified into six different rights, which are conferred on the citizens of India and are inviolable. These rights are enforceable by the courts, subject to certain conditions and restrictions. They are:
- The right to equality, which guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth.
- The right to freedom of speech and expression, freedom of assembly and freedom to practice religion.
- The right to freedom from trafficking and forced labour.
- The right to freedom of association and peaceful assembly.
- The right to freedom to education and constitutional remedies.
- The right to life and personal liberty.
The Fundamental Rights section of the Indian Constitution also previously included the right to property, however, this was removed in 1978 through the 44th Constitutional Amendment as it was seen as a hindrance to the goal of socialism and the redistribution of wealth.
The Fundamental Rights in the Indian Constitution were first demanded in the form of the 'Constitution of India Bill' in 1895, also known as the Swaraj Bill. This bill was written during the emergence of Indian nationalism and the increasingly vocal demands by Indians for self-government. The inclusion of Fundamental Rights in the Indian Constitution is, therefore, a reflection of the nation's conscience.
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The Constitution is a 'conscience-keeper' for democracy
The Indian Constitution has been referred to as a "conscience-keeper for democracy". This is because the Constitution acts as a moral compass, guiding the country towards ensuring the well-being of all its citizens. The Constitution, through its fundamental rights, protects citizens against the arbitrary and absolute exercise of power by the state and other individuals. These rights are the 'key stone' of democracy as they are 'guaranteed' by law.
The Constitution allows for amendments to meet various challenges posed by changing times and circumstances, but its basic structure, as outlined in the Preamble, remains intact. This basic structure is centred around the aim of ensuring the well-being of all citizens.
One of the key ways in which the Constitution acts as a conscience-keeper is by providing special provisions to protect the rights of disadvantaged groups. For instance, the Constitution has benefited Hindus from lower castes and classes, such as SCs, STs, and OBCs, by providing them with equal rights and a mechanism to uphold these rights. The Constitution has also brought Hindu women of all castes and classes legally on par with men by prohibiting discriminatory practices. It has provided women with rights such as the right to exercise their franchise, the right to choose their life partner, and property rights, creating a safety net that is crucial for their well-being.
In addition, the Constitution acts as a conscience-keeper by regulating the state's intervention in the administration of religious institutions. While the state can supervise and regulate these institutions, it must not interfere with essential religious practices and customs unless they are deemed socially harmful or against public order. This balance between state intervention and religious freedom is a key aspect of the Constitution's role in maintaining a democratic and inclusive society.
By upholding fundamental rights, ensuring the well-being of citizens, and protecting the rights of disadvantaged groups, the Indian Constitution serves as a conscience-keeper for democracy, guiding the country towards a more just and equitable future.
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The Constitution protects citizens against the arbitrary and absolute exercise of power by the State
The Indian Constitution's section on Fundamental Rights is often referred to as the 'conscience' of the document. This is because these rights are the 'key stone' of democracy, protecting citizens against the arbitrary and absolute exercise of power by the State.
The Constitution, therefore, guarantees the rights of individuals against the State and other individuals. There are six Fundamental Rights in the Indian Constitution. These include the right to life and personal liberty, with access to clean water inferred from this. The right to life is so fundamental that any denial of it is considered a denial of 'due process of law' under the Fourteenth Amendment.
The Fourteenth Amendment also contains the 'privileges and immunities clause', which limits the ability of states to favour their own citizens and discriminate against out-of-state citizens. This clause states that no state shall "abridge the privileges or immunities of citizens of the United States". The Fourteenth Amendment also outlines three restrictions on the states: they may not abridge the privileges or immunities of US citizens, deprive any person of life, liberty or property without due process of law, or deny any person equal protection under the law.
The Supreme Court has used the idea that fundamental rights are not specifically outlined in the Constitution to protect civil rights, viewing them as closely tied to life, liberty, and property. This is known as substantive due process. The Supreme Court has also ruled that the Constitution withholds a plenary police power from Congress, limiting the powers of state and local governments.
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The Constitution guarantees freedom of religion
The Fundamental Rights section of the Indian Constitution is often referred to as the 'conscience' of the document. This is because it guarantees the rights of individuals against the state and other individuals, protecting citizens from the arbitrary and absolute exercise of power by the state.
The Fundamental Rights section includes the Right to Freedom of Religion, which is guaranteed by Articles 25–28 of the Constitution. This right gives individuals the freedom to choose, practise, and propagate their religion, as well as the freedom to change their religion or beliefs. It also includes the right to manage one's own religious affairs and property, and the right to receive religious instruction in educational institutions.
The inclusion of the Right to Freedom of Religion in the Indian Constitution is a reflection of the country's traditional tolerance and respect for all religions and faiths. India has a long history of religious pluralism, with many religious groups co-existing and sharing spaces for centuries. The Constitution's preamble was amended in 1976 to explicitly declare India a secular state, although the Supreme Court ruled that India was already secular from the time it adopted its constitution.
Despite the constitutional guarantee of freedom of religion, there have been instances of religious intolerance and violence in India. For example, several Indian states passed Freedom of Religion Bills to prevent people from converting to Christianity, and there have been riots and mob violence targeting various religious groups. Additionally, while the state is meant to maintain an equal distance from all religions, it does extend limited influence and assistance to religious affairs and institutions.
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The Constitution ensures the right to freedom of conscience
The Indian Constitution has often been referred to as the 'conscience' of the nation. It acts as a conscience-keeper, allowing for amendments to meet challenges and changing circumstances, while also upholding fundamental rights and freedoms. One of these fundamental rights is the right to freedom of conscience, which is protected by Article 25 of the Constitution.
Article 25 guarantees the freedom of religion and the right to freedom of conscience. This includes the freedom to profess, practice, and propagate one's religion. However, these freedoms are subject to reasonable restrictions imposed in the interest of public order, morality, and health. For example, while the state can regulate and supervise the administration of religious institutions, it must not interfere with essential religious practices unless they are deemed socially harmful or against public order.
The right to freedom of conscience is a fundamental aspect of India's democracy. It ensures that individuals are protected against the arbitrary and absolute exercise of power by the state, as well as against coercive actions by the government. This right guarantees that individuals have the freedom to hold and express their own beliefs, values, and morals without interference or persecution.
The Indian Constitution, through its recognition of fundamental rights, including freedom of conscience, ensures the protection and well-being of all citizens. It provides a framework for a just and equitable society, where individuals are free to exercise their conscience without fear of retribution. This right is a cornerstone of Indian democracy and a testament to the nation's commitment to upholding the values of freedom and individual liberty.
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Frequently asked questions
The Indian Constitution's fundamental rights are referred to as its 'conscience'.
Fundamental rights are considered the conscience of the Indian Constitution because they are the 'key stone' of democracy, protecting citizens from the arbitrary and absolute exercise of power by the state and other individuals.
There are six fundamental rights in the Indian Constitution.
The right to life and personal liberty, freedom of religion, and the right to education are some examples of fundamental rights in the Indian Constitution.
The Constitution, as a conscience-keeper, allows for amendments to address changing times and circumstances while preserving its basic structure, which is guided by values such as love, compassion, honesty, empathy, sympathy, truth, and non-violence.
