Omar Bennett
The Indian Constitution is a comprehensive document that outlines the country's fundamental laws and principles, and it is considered the cornerstone of India's democracy. One of its key architects, Dr. B.R. Ambedkar, described the 'Right to Constitutional Remedy' as its heart and soul. This right, enshrined in Article 32, empowers citizens to directly approach the Supreme Court if their fundamental rights are violated. This article ensures the enforcement of rights such as equality, life, and freedom from discrimination, and it cannot be suspended except in cases of emergency.
| Characteristics | Values |
|---|---|
| Right to Constitutional Remedies | Article 32 |
| Right to Equality | Article 21(A) |
| Freedom of Religion | Article 32 |
| Right to move throughout the territory of India | Article 32 |
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What You'll Learn
Right to Equality
The Right to Equality is a fundamental aspect of the Indian Constitution, guaranteeing equal treatment and opportunities to all citizens, regardless of their caste, race, religion, sex, or place of birth. This right, enshrined in Articles 14 to 18 of the Constitution, serves as a cornerstone of justice and fairness in Indian society.
Before Indian independence, unequal treatment and a lack of fairness were prevalent, with discriminatory practices deeply rooted in society. The framers of the Constitution recognised the need to address these injustices and drafted the Right to Equality as a fundamental right. This right ensures that all individuals are treated equally before the law and are not discriminated against on any of the aforementioned grounds.
Article 14 embodies the concept of equality, stating that the government must not deprive any individual of equal treatment under the law and must guarantee equal rights within India. This article also affirms the "equality of status", aiming to eliminate social and economic inequalities that hinder individuals from enjoying their constitutional rights and liberties.
The Right to Equality has both positive and negative characteristics. While equality before the law is a negative concept, denoting the absence of special privileges and the subjection of all persons to ordinary laws, equal protection of laws is a positive concept, implying the provision of equal opportunities and treatment for all. This positive equality goes beyond non-discrimination and requires affirmative action to uplift disadvantaged sections of society.
The Indian Constitution's Right to Equality is not limited to citizens but extends to all persons, including foreigners and legal persons. It is a crucial safeguard against potential government abuse or interference with people's rights and freedoms. By ensuring justice, equality, liberty, dignity, and fraternity, this right forms the foundation for all other rights and benefits in the nation.
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Freedom of Religion
According to the architect of the Indian Constitution, Dr B.R. Ambedkar, the Right to Constitutional Remedies is known as the heart and soul of the Constitution. Articles 12-25 of the Indian Constitution define Fundamental Rights. Article 32, included in Part III of the Indian Constitution, gives individuals the right to move to the Supreme Court if they are being denied their fundamental rights.
Article 25 gives every person the right to freedom of conscience and the right to freely profess, practice, and propagate religion subject to public order, morality, and health. The same article is also a basic human right guarantee that cannot be subverted or misinterpreted in any manner. Article 26 gives all denominations the right to manage their own affairs in matters of religion, the right to acquire the immovable and movable property, and the right to administer such property according to the law.
However, there have been numerous instances of religious intolerance that have resulted in riots and mob violence. Thirteen out of 28 states have laws restricting religious conversions for all faiths, and several Indian states have passed Freedom of Religion Bills primarily to prevent people from converting to Christianity. The US State Department has said that the recent wave of anti-conversion laws in various Indian states passed by some states is seen as a gradual increase in ideological Hindu nationalism.
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Right to Constitutional Remedies
According to the architect of the Indian Constitution, Dr B.R. Ambedkar, the Right to Constitutional Remedies is the "heart and soul" of the Constitution. This right, enshrined as a fundamental right in Article 32 of the Indian Constitution, empowers citizens to seek legal remedies and redress from the Supreme Court and High Courts for the enforcement of their fundamental rights.
Article 32 gives individuals the right to move to the Supreme Court if they feel that their fundamental rights, as guaranteed by the Constitution, are being denied or violated. This article serves as a bulwark against the infringement of fundamental rights, providing a legal mechanism for their enforcement and making them a reality. The Supreme Court, under Article 32, has the power to issue orders, directions, or writs, such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the enforcement of these rights.
The Right to Constitutional Remedies is pivotal for justice, accountability, and the protection of individual rights in a democratic society. It directly links to judicial review, allowing courts to assess the constitutionality of laws and actions. The High Courts also have broad powers in this regard and can issue writs for the enforcement of all rights, including fundamental rights, constitutional rights, and other legal rights.
The Right to Constitutional Remedies is a distinguishing feature of the Indian Constitution and serves as the cornerstone of the democratic establishment it promises. It ensures that citizens have a mechanism to seek relief and justice when their rights are violated, which is crucial for safeguarding liberties and fostering a just society.
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Right to move throughout the territory of India
According to the architect of the Indian Constitution, Dr. B.R. Ambedkar, the "Right to Constitutional Remedies" is known as the heart and soul of the Constitution. This right, enshrined in Article 32 of the Indian Constitution, guarantees individuals the ability to approach the Supreme Court if their fundamental rights are violated.
One of the fundamental rights that Indian citizens enjoy is the right to move freely throughout the territory of India. This right is guaranteed by Article 19 (1) (d) of the Indian Constitution, which states that all citizens have the fundamental right "to move freely throughout the territory of India". This freedom of movement is a fundamental aspect of Indian citizenship, enabling individuals to travel and reside in any part of the country without restrictions.
However, it is important to note that this right is not absolute and is subject to reasonable restrictions. Article 19 (5) of the Constitution allows the state to impose limitations on the freedom of movement in the interest of the general public, national security, public order, or for the protection of Scheduled Tribes and vulnerable communities. These restrictions are necessary to maintain a balance between individual rights and societal interests.
The right to move throughout the territory of India has been upheld by the Supreme Court of India in various cases. For example, in the State of Rajasthan v. Union of India (1977) case, the Court upheld the validity of a state law that restricted the entry and residence of non-residents in certain border areas for national security reasons.
In conclusion, the right to move freely throughout the territory of India is a fundamental right guaranteed to all Indian citizens. While this right is essential for the freedom and mobility of individuals, it is also subject to reasonable restrictions imposed by the state to maintain public order, protect vulnerable communities, and ensure the rights of others.
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Right to Life and Personal Liberty
The Indian Constitution, in Article 21, guarantees the fundamental right to protection of life and personal liberty. This article asserts that no person shall be deprived of their life or liberty except according to the procedure established by law. This means that every individual has the right to live, and their life cannot be taken away except in accordance with prescribed legal procedures. The right to life encompasses various aspects, including the right to live with dignity, the right to livelihood, and the right to a healthy environment.
The right to life and personal liberty was debated in the Constituent Assembly on 6 and 13 December 1948. Draft Article 15 provided for the right to life and personal liberty, subject to procedure established by law, and it also gave all persons equality before the law. The term 'procedure established by law' was debated, with some members arguing for it to be replaced with 'due process' to allow the judiciary to protect civil liberties by investigating whether a law was consistent with other fundamental rights.
The Indian judiciary has attributed a wider meaning to Article 21, extending beyond the Constitution makers' imagination. This has resulted in unique complexities, with various components of freedom stemming from the 'right to life'. For example, in MX of Bombay Indian Inhabitants v. M/s. ZY, the Court held that a person could not be denied employment if they tested positive for HIV and that they could not be deemed 'medically unfit' because of it. In another case, Sodan Singh v. New Delhi Municipal Committee, the Supreme Court distinguished between the concept of life and liberty within Article 21 and the right to carry on any trade or business, a fundamental right conferred by Article 19(1)(g).
The right to personal liberty in the Indian Constitution guarantees individuals the freedom from restrictions or encroachments on their person. In Munn v Illinois, an American judgment that has been relied upon by the Indian judiciary, it was held that the term 'life' meant something more than mere animal existence. This provision prohibited the mutilation or amputation of the body and extended to the destruction of any organ through which the soul communicates with the outer world.
In K.S. Puttaswamy v. Union of India (2017), the Supreme Court recognized the right to privacy as a fundamental right protected under Article 21, stating that privacy is an essential aspect of personal liberty and dignity. Furthermore, in Common Cause v. Union of India (2018), the court legalized passive euthanasia and recognized the right to die with dignity as a fundamental right under Article 21, allowing individuals to refuse medical treatment and make advance directives in the case of terminal illness.
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Frequently asked questions
The Right to Constitutional Remedies, also known as Article 32, is considered the heart and soul of the Indian Constitution.
Article 32 gives individuals the right to move to the Supreme Court if they are being denied their fundamental rights as guaranteed by the Constitution.
Article 32 protects various fundamental rights, including the right to equality, right to life, freedom from discrimination, and freedom of religion.
