The right to constitutional remedies exists for the application of fundamental rights. These fundamental rights contribute not only to the protection but also to the prevention of serious human rights violations. They underscore the fundamental unity of India by ensuring that all citizens have access to and use of the same facilities, regardless of their background. Some basic rights apply to people of any nationality, while others are only available to Indian citizens. The right to life and personal freedom is available to all, as is the right to religious freedom. On the other hand, freedom of speech and expression and freedom to reside and settle in any part of the country are reserved only for citizens, including non-resident Indian citizens. [10] The right to equality in public employment cannot be granted to foreign citizens of India. [11] Everyone has the right to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or any other status. Furthermore, no distinction may be made on the basis of the political, judicial or international status of the country or territory to which a person belongs, whether independent, trustworthy, non-self-governing or subject to any other restriction of sovereignty. Fundamental rights primarily protect individuals from arbitrary actions by the state, but some rights are enforceable against individuals.

[12] For example, the Constitution abolishes untouchability and also prohibits La Bégar. These provisions serve as a control of both the action of the State and the actions of individuals. However, these rights are neither absolute nor uncontrolled and are subject to the appropriate restrictions necessary for the protection of the common good. They can also be selectively cut. The Supreme Court has ruled[13] that all provisions of the Constitution, including fundamental rights, can be amended, but that Parliament cannot change the basic structure of the Constitution. Since fundamental rights can only be changed by amending the Constitution, their inclusion is a control not only for the executive, but also for the parliament and state legislators. [14] The Universal Declaration of Human Rights (UDHR) is a milestone in the history of human rights. The declaration, drafted by representatives of different legal and cultural circles from all regions of the world, was adopted on 10 September. It was proclaimed in 1948 by the United Nations General Assembly in Paris (General Assembly Resolution 217 A) as a common standard of achievement for all peoples and nations. It stipulates for the first time that fundamental human rights must be universally protected, and it has been translated into more than 500 languages. It is generally accepted that the UDHR inspired and paved the way for the adoption of more than seventy human rights treaties, which are now permanently applied at the global and regional levels (all of which contain references to these in their preambles).

For more information on fundamental rights, see this article from the University of Cincinnati Law Review, this article from Cornell Law Faculty Scholarship, and this article from Touro Law Review. The father of the Indian Constitution and polymath, B. R. Ambedkar, wanted a specific guarantee of fundamental rights, which were explicitly included in the constitution so that it could be easily enforced. It has drawn up Article 32. [68] B. R. Ambedkar said: Why did Congress pass the Military Commissions Act? In June 2006, the Supreme Court ruled in Hamdan v.

Rumsfeld that the military commissions created by President Bush at Guantanamo were invalid. The court said the rules violated common article 3 of the Geneva Conventions concerning the treatment of detainees held indefinitely. All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and must meet in a spirit of fraternity. After the decision, President Bush asked Congress to pass legislation that would legalize the military commission processes and deprive prisoners of their due process rights – which they did by passing the Military Commissions Act just before the November 2006 elections. Article 32 provides for a guaranteed remedy in the form of a fundamental right itself for the application of all other fundamental rights, and the Supreme Court is designated by the Constitution as the protector of these rights. [66] The Supreme Court has been empowered to issue habeas corpus, mandamus, prohibition, certiorari and quo warranto to uphold fundamental rights, while supreme courts have been empowered under section 226 – which is not in itself a fundamental right – to enact these privileges even in cases where fundamental rights are not at issue. [67] The Supreme Court has jurisdiction to enforce fundamental rights also against private bodies and to compensate the person concerned in the event of a violation.

The exercise of jurisdiction by the Supreme Court may also take place suo motu or on the basis of a dispute of general interest. This right may be suspended in accordance with Article 226 only if a state of emergency is declared. [66] Everyone, as a member of society, has the right to social security and has the right, through national efforts and international cooperation, and in accordance with the organization and resources of each state, to realize the economic, social and cultural rights that are essential to his dignity and the free development of his personality. Nothing in this Declaration shall be construed as implying the right of any State, group or person to engage in any activity or act intended to destroy any of the rights and freedoms set forth herein. Fundamental rights were incorporated into the Constitution because they were considered essential for the development of the personality of each individual and for the preservation of human dignity. The authors of the constitution considered democracy useless if civil liberties such as freedom of expression and religion were not recognized and protected by the state. [6] [7] In their view, democracy is essentially a government by opinion, and therefore the means of formulating public opinion for the people of a democratic nation should be guaranteed. To this end, the Constitution guarantees all Indian citizens freedom of speech and expression and various other freedoms in the form of fundamental rights.

[8] Here`s what you need to know about your rights at the border. Every person, without distinction as to race, religion, caste or sex, has the right to apply directly to the Supreme Court or the Supreme Court for the enforcement of his or her fundamental rights. It is not necessary for the injured party to be the one who does so. People living in poverty may not have the means to do so, and so anyone in the public interest can bring a lawsuit in court on their behalf. This is called a « public interest dispute. » [9] In some cases, Supreme Court judges acted on the basis of newspaper articles suo moto itself. Fundamental rights were included in the first draft constitution (February 1948), the second draft constitution (17 October 1948) and the third draft final constitution (26 November 1949), which were drafted by the drafting committee. Fundamental rights in India are the rights guaranteed in Part III (Articles 12 to 35) of the Indian Constitution. There are six fundamental rights (Articles 12 to 35)[1] recognised by the Indian Constitution: the right to equality (Articles 14 to 18), the right to liberty (Articles 19 to 22), the right to exploitation (Articles 23 to 24), the right to freedom of religion (Articles 25 to 28), cultural and educational rights (Articles 29 to 30) and the right to constitutional remedies (Articles 32 and 226). [2] People with disabilities face discrimination, segregation and exclusion. But federal disability rights laws offer protection.

The fundamental rights of Indians also aim to overcome the inequalities of traditional Aryan practices. In particular, they have also been used to abolish untouchability and thus prohibit discrimination based on religion, race, caste, sex or place of birth. They also prohibit human trafficking and forced labour (a crime). They also protect the cultural and educational rights of religious institutions. The right to property has moved from a fundamental right to a legal right. Sardar Vallabhai Patel is considered the main architect of the fundamental rights of the Indian Constitution.