Fundamental Rights in the Constitution of India: A Brief Survey

Abstract

This study preliminarily explores the six fundamental rights stipulated in Part III from Article 12 to 35 of the Constitution of India, including the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, the right to cultural and educational rights, and the right to constitutional remedies. Data were collected through qualitative methods and analyzed by documentary analysis. The study is found that the fundamental rights are justiciable when violated. The Supreme Court is responsible for protecting and defending the fundamental rights of the people as they are endorsed and protected by the Constitution, while other legal rights are endorsed and protected by ordinary laws. Nevertheless, fundamental rights are not absolute rights because the state could discretionarily impose restrictions on the rights when necessary. Due to their justiciability, the provisions of Part III differ from others in the Constitution. Assumingly, making the fundamental rights justiciable could have been justified as providing a theoretical and practical guarantee of rights and freedom to the people, and this perceived preservation of justice, liberty, equality, and solidarity, the principles that the state adheres to in governing its citizens.