essay on human rights in indian constitution

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Human Rights and Constitution of India

This article is written by Prasoon Shekhar, student of ICFAI Law School, The ICFAI University, Dehradun.

“To deny people their human rights is to challenge their very humanity.”

Table of Contents

Introduction 

Human rights are the basic rights available to any human being by virtue of his birth in human race.  It is inherent in all human beings irrespective of their nationality, religion, language, sex, colour or any other consideration. The Protection of Human Rights Act, 1993 defines Human Rights as: “human rights” means the rights relating to life, liberty, equality and dignity of the individual guaranteed by the Constitution or embodied in the International Covenants and enforceable by courts in India”.

Protection of human rights is essential for the development of the people of the country, which ultimately leads to development of the national as a whole. The Constitution of India guarantees basic human rights to each and every citizen of the country. The framers of the Constitution have put their best efforts in putting down the necessary provisions. However, with continuos developments taking place, the horizon of human rights has also expanded. The parliamentarians are now playing a great role in recognizing the rights of people and passing statues, amending provisions etc. as and when required. 

Development of Human Rights 

The Human Rights in India originated long time ago. It can easily be recognized from the principles of Buddhism, Jainism. Hindu religious books and religious texts like Gita, Vedas, Arthasatra and Dharmashstra also contained provisions of human rights. Muslim rulers like Akbar and Jahangir were also very much appreciated for his regard for rights and justice. During the early British era, the people suffered a great violation of several rights and this led to the birth of modern Human Rights jurisprudence in India.

On January 24, 1947, Constituent Assembly voted to form an advisory committee on Fundamental Rights with Sardar Patel as the Chairman. Drafted list of rights were prepared by Dr. B. R. Ambedkar, B. N. Rau, K. T. Shah, Harman Singh, K. M. Musnshi and the Congress expert committee. Although there were few amendments proposed, there was almost no disagreement on the principles incorporated. The rights in the Universal Declaration of Human Rights were almost completely covered in the Indian Constitution either in Fundamental Rights or Directive Principles of State Policy. Nineteen fundamental rights were covered in Motilal Nehru Committee Report, 1928   out of which ten appear in the Fundamental Rights whereas three of them appear as Fundamental Duties .

International Human Rights and Fundamental Rights (Part III of COI) 

India had signed the Universal Declaration on Human Rights January 01, 1942. Part III of the Constitution India ‘also referred as magna carta’ contains the Fundamental rights. These are the rights which are directly enforceable against the state in case of any violation. Article 13(2) prohibits state from making any law in violation of the Fundamental Rights. It always provides that if a part of law made is against the Fundamental Rights, that part would be declared as void. If the void part cannot be separated from the main act, the whole act may be declared as void.  

In the case of Keshvanand Bharti v. State of Kerela , the apex court observed: “The Universal Declaration of Human Rights may not be a legally binding instrument but it shows how India understood the nature of human rights at the time the Constitution was adopted.”

In the case of Chairman, Railway Board & Ors. v. Chandrima Das & Ors. , it was observed that UDHR has been recognized as Model code of conduct adopted by United Nations General Assembly. The principles may have to be read if needed in domestic jurisprudence.

Provisions of Universal Declaration of Human Rights along with corresponding provisions in Constitution of India are as follows:

Many of the civil and political rights contained in the International Covenant on Political and Civil Rights, 1966 (ICCPR) are also contained in the Part III of the Constitution of India. India has signed and ratified the ICCPR. 

In the case of Jolly George Varghese & Anr. v. Bank of Cochin , J. Krishna Iyer observed that though a provision is present in ICCPR but not in Indian Constitution, does not make the covenant an enforceable part of ‘Corpus Juris’ in India. 

Provisions of ICCPR along with corresponding provision of Constitution of India are as follows:

Some of the rights which were not earlier included in Fundamental Rights but were available in ICCPR. They were considered as Fundamental Rights by various judicial pronouncements. Some of them are Right to fair trial, Right to privacy, Right to legal aid, Right to travel abroad. I will be dealing with them in detail at the later part of this article.

International Covenant on Economic, Social and Cultural Rights (ICESCR) and Directive Principles of State Policy (Part IV of COI) 

The ICESCR is a multilateral treaty which mainly focuses on social and cultural rights like food, health, education, shelter etc. India ratified this covenant on April 10, 1979. Most of the provisions in this covenant are found in Part IV (DPSPs) of the Indian Constitution.  

Provisions of ICESCR along with corresponding provision of Constitution of India are as follows: 

Unremunerated Fundamental Rights 

A number of rights that were available in the covenant were not available as fundamental rights at the time of enactment of Constitution. The judicial interpretations have widened the scope of fundamental rights available in the Indian Constitution. 

In the court of A.D.M. Jabalpur v. Shivkant Shukla , the apex court had observed that the law of land does not recognize any natural or common law rights other than specifically provided in the Indian Constitution. 

Later, in the case of Maneka Gandhi v. Union of India , J. Bhagwati observed; “The expression ’personal liberty’ in article 21 is of the widest amplitude and it covers a variety of rights, which go to constitute the personal liberty of man and some of them have been raised to the status of distinct fundamental rights and given additional protection under Article 19. No person can be deprived of his right to go abroad unless there is a law made by the State prescribing the procedure for so depriving him, and the deprivation is effected strictly in accordance with such procedure.”

After the present case, the apex court came up with the “theory of emanation” in order to make fundamental rights active and meaningful. Also, relaxation to the rule of ‘locus standi’ was given by the court. Some of the major judicial interpretations of Fundamental Right are as follows:

Conclusion 

Human Rights are the basic rights which form the essential part of his/her development as human being. Constitution acts as a protector of those basic rights as Fundamental Rights and DPSPs. More emphasis has been given to the fundamental rights and they are directly enforceable in the court of law. From a deep study of the Part III and Part IV of the Indian Constitution, it is easily evident that almost all of the rights provided in UDHR (Universal Declaration on Human Rights) are covered in these two parts.

Judiciary has also taken great steps such as relaxing rules of ‘locus standi’ and now any other person in place of the ones affected can approach Court. The apex court has interpreted the Fundamental Rights available to a citizen and now rights like right to privacy, right to clear environment, right to free legal aid, right to fair trail etc. also find place in the Fundamental Rights.

Saumendra Das and N.Saibabu (2014), “Indian Constitution: An Analysis of the Fundamental Rights and the Directive Principles”, ARS – Journal of Applied Research and Social Sciences, Vol.1, Issue.17, December 2014, ISSN 2350-1472″.

• Dr. Anant Kalse (2016), A brief lecture on “Human Rights in the Constitution of India”, available at: http://mls.org.in/books/H-2537%20Human%20Rights%20in.pdf .’

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21 Constitutional Law Perspectives on Human Rights and Duties

Dr. K Sita Manikyam

AIMS OF THE CHAPTER

• Understanding how the Constitution of India incorporates International Human Rights Principles.
• Understanding how the provisions of Constitution under Parts III and IV can be related with the provisions of UDHR, 1948.
• Learning about the role of Indian judiciary in protecting human rights.

1. INTRODUCTION

The Constitution of India in the preamble assure the pride of citizen and this has been well-protected by the Part III (Article 12-35) of the Constitution. Our Constitution not only elaborates the essential human rights in Part III, it also secures them by providing constitutional remedies under Article 32 and 226 of the Constitution. The right to move to the apex court for the enforcement of the basic rights isfundamental as per Article 32.

Part IV (A) of the Constitution embody the Eleven Fundamental Duties of every Indian citizen (Article 51-A). These are: the duties to value the Constitution and its institutions, to live by the dignified morals of the freedom struggle, to defend the sovereignty and integrity of India, to protect the nation, to endorse collective harmony, to relinquish practices offensive to the dignity of women, to conserve the literary heritage, to shield and progress the usual atmosphere, to have kindness for living creatures, to build up the scientific temper, to maintain public property and renounce violence and to struggle towards excellence in all spheres of individual and collective movement. The Eighty-sixth Constitutional Amendment 2002 inserted a new clause (k) in Article 51 (A) instructing “a parent or guardian to provide opportunities for education to his child or, ward between the ages of 6 to 14 years.”

Parts III, IV and IV (a) of the Constitution greatly depend upon the judiciary for their analysis and application. The various ‘reasonable restriction clauses in Part III, Article 21, and the seldom-used Part IV-A have set the scope for judicial interpretation resulting in the Judicial Review of theadministrative and legislative action. Indeed, Article 21 has allowed it to act as acatalyst in prodding the State to put into practice the directive principles in so far as they honestly bear upon “life and personal liberty.”

2. HUMAN RIGHTS AND DUTIES: AN INDIAN CONSTITUTIONAL LAW PERSPECTIVE

At the time when the Universal Declaration of Human Rights was made, the Indian Constitution was in the making. Therefore, the Declaration has its effect on the formulation of Fundamental Rights and Directive Principles of State Policy under the Indian Constitution. It is to be noted that many of the rights incorporated in the Declaration of Human Rights find a place in the Preamble in a concise form. The resolve made in the Preamble regarding rights of individuals finds elaborate expression in Part III i.e., the ‘Fundamental Rights’ and part IV.

‘Directive Principles of State Policy’ of the Indian Constitution. Some of the rights enumerated in Universal Declaration of Human Rights are the essential ingredients of a democratic system and as such naturally find a place in the Indian Constitution and form the basic structure of the same. Judicial activism has greatly contributed to the expansion, protection, and enforcement of Fundamental Rights and further impacted on the justiciability of Directive Principles of State Policy.

2.1. Fundamental rights under Indian Constitution

Fundamental rights are those rights which are necessary for the well-being of a person. Part III of the Indian Constitution contains the list of Fundamental Rights; that guarantees civil liberties to all the citizens of India to be alive in serenity and synchronization without the fear of being censored by others. The Indian Judiciary has the prudence to penalize those violating these fundamental rights under the provisions of the Indian Penal Code. No individual can be deprived of these rights relating to fundamental liberty in the form of human freedoms. It is the judiciary that safeguards these constitutional rights of the citizens. In some outstanding cases, i.e. all through emergency the State can inflict limitations on the enforcement of these fundamental rights.

The Constitution provides for the enjoyment of 6 Fundamental rights. They are:

• Right to Equality (under Article 14 – Article 18)
• Right to Freedom (under Article 19 – Article 22)
• Right against exploitation (under Article 23 – Article 24)
• Right to Freedom of Religion (under Article 25 – Article 28)
• Cultural and Educational rights (under Article 29 – Article 30)
• Right to Constitutional remedies (Article 32)

2.2.Fundamental duties under Indian Constitution

The Fundamental Duties are a narrative feature of the Indian Constitution in recent times. Initially, the Constitution of India did not have these duties. The Forty Second Constitution Amendment Act, 1976 has incorporated ten Fundamental Duties in Article 51(A) of the Constitution of India. The Eighty-Six Constitution Amendment Act, 2002 has added one more Fundamental Duty in Article 51 (A) of the Constitution of India. As a result, there are now 11 Fundamental Duties of the citizen of India.

The following are the Eleven Fundamental Duties of every citizen of India:

• To abide by the Constitution and respect the National Flag and the National Anthem;
• To cherish and follow the noble ideals which inspired our national struggle for freedom;
• To uphold and protect the sovereignty, unity, and integrity of India;
• To defend the country and render national service when called upon to do so;
• To promote harmony and the spirit of common brotherhood amongst all people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women;
• To value and preserve the rich heritage of our composite culture;
• To protect and improve the natural environment including forests, lakes, rivers and wild life and to have compassion for living creatures;
• To develop the scientific temper, humanism and the spirit of inquiry and reform;
• To safeguard public property and to abjure violence;
• To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavor and achievement.”
• To provide opportunities for education by the parent the guardian, for his child, or award between the ages of 6-14 years.

A scrutiny of the above duties reveals that they are pertinent only to citizens and not to the aliens. It is assumed that an inhabitant of India while enjoying fundamental rights, ought to perform these duties. Although there is no provision in the constitution for direct enforcement of any of these duties. The courts are guided by these duties while interpreting diverse laws. These duties have purity as these are included in the Directive Principles of State policy.

3. JUDICIAL ACCEPTANCE OF HUMAN DUTIES

Part IV-A, which deals with fundamental duties of the citizens, was added by the Constitution (Forty-Second Amendment) Act, 1976, in accordance with the recommendations of the Swaran Singh Committee. It thus brought the Constitution of India in line with Article 29 (1) of the Universal Declaration of Human Rights, 1948.

When the court is called ahead to give effect to the directive principles and the fundamental duty, the court is not to wave its shoulders and say that priorities are a matter of policy and so it is an issue for the policy-making power. Practically speaking, these duties are ethical and societal obligations of Indian citizens to develop into accountable citizens and build up the country. The fundamental duties can be promoted by constitutional means and can be forced only by constitutional methods. Constitutional enactment of fundamental duties must be used by courts as a tool to tap, in State action which is diverting away from constitutional values. The fundamental duties enjoined on citizens under Article 51-A should also guide the legislative and executive actions of nominated or non-elected institutions and organizations of the citizens together with the municipal bodies.

As the Verma Committee (1999) on fundamental duties said essentially all that is contained in the fundamental duties is just a codification of tasks integral to the Indian way of life. A scrutiny of the clauses of Article 51-A indicates that a number of these clauses basically refer to such values which have been a part of the Indian tradition, mythology, religion, and practices. Although the fundamental duties were inserted during the emergency and very noble in the literal sense, cannot either be part of a Constitution or a statute nor give any locus standing. They cannot be enforced by a court, but only by constitutional methods. Nevertheless, fundamental duties, though not enforceable by mandamus or any other legal remedy still provide a valuable guide and aid to interpretation of constitutional and legal issues. In thecase of doubt or choice, people’s wish as manifested through Article 51-A can be served as a guide not only for resolving the issue but also for constructing or molding the relief to be given by the courts.

In AIIMS Student’s Union vs AIIMS1, a three-Judge Bench of the Supreme Court made it clear that fundamental duties, though not enforceable by a writ of the court, yet provide valuable guidance and aid to interpretation and resolution of constitutional and legal issues. Again in L.K. Koolwal v. the State of Rajasthan2 the Court held Article 51-A is the duty of the citizens however Article 51-A gives a right to the citizens to move the court for the enforcement of the duty cast on State, instrumentalities, agencies, departments, local bodies and statutory authorities created under the law of the State. The Hon’ble Court on similar occasion also stated that the collective duties of the citizens imply the duty of the State.

However, this is not denying that the State does not have duties. If the State does not have duties, then it is under Parts III and IV of the Constitution, namely, fundamental rights and directive principles, where analogous negative and positive duties lie in the State. Moreover, the scrutiny of the Court that fundamental duty gives the citizens the authority to move the court is also not totally undersized of errors. Taking into consideration, that the fundamental duties are not executable, how can courts overlook about making decisions, even consider petitions under it? And if the society does have to move the court to request the State to do its duty it would relatively do it by way of a petition under Article 32 or 226 as an issue of their rights rather than the duty of the State. In Article 51-A under Part IVA, the Constitution of India spells out only eleven fundamental duties to the citizen.

4. JUDICIAL ACCEPTANCE OF HUMAN RIGHTS

Article 51 of the Constitution of India directs the state to try to foster respect for international law and treaty obligations. The Charter of the United Nations and varied resolutions, declarations, covenants and conventions on human rights form the body of international law and India is a party to most of the human rights treaties.

To give a reliable analysis of the Constitution is the mission of the higher judiciary. The highest legal organ of the state is the Supreme Court of India and the elucidation given by this Court is obligatory on all authorities in India. As an effect of a variety of declarations, conventions, charters, covenants, and resolutions, international human rights have come into survival. International law, nevertheless, does not turn out to be a part of Indian law unless built- in by parliamentary legislation. Therefore, the purpose of international human rights norms in the national jurisdiction is reliant on an amalgamation of these norms in themunicipal organization. Where such individual rights have been included in Indian law, the courts have no complexity in enforcing them. For example, the protection of the Human Rights Act, 1993 gives recognition to the rights of life, liberty, equality, and dignity of an individual and embody in them the international covenants. India is also a party to conventions on Elimination of All Forms of Discrimination, 1966; Suppression and Punishment of the Crime of Apartheid, 1973; Prevention and Punishment of the Crime of Genocide, 1948; Elimination of All Forms of Discrimination against Women, 1979; and Rights of the Child, 1989.

Smt. Nilabati Behera & Lalita Behera vs. State of Orissa &Ors.3 the Supreme Court asserted the jurisdiction of the judiciary as “protector of civil liberties” under the obligation “to repair damage caused by officers of the State to fundamental rights of the citizens”, holding the State responsible to pay compensation to the near and dear ones of a person who has been deprived of life by their wrongful action, reading into Article 21 the “duty of care” which could not be denied to anyone. For this purpose, the court referred to Article 9 (5) of the International Covenant on Civil and Political Rights, 1966 which lays down that “anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation”

Similarly, In Vishaka & Ors. vs. State of Rajasthan & Ors., 4 Supreme Court said that “gender equality includes protection from sexual harassment and right to work with dignity, which is a universally recognized basic human right. The common minimum requirement of this right has received global acceptance. In the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all workplaces, the contents of international conventions and norms are significant for the purpose of interpretation of the guarantee of gender equality, right to work with human dignity in Articles 14, 15, 19(1)(g) and 21 of the Constitution and the safeguards against sexual harassment implicit therein and for the formulation of guidelines to achieve this purpose…. in the absence of enacted law to provide for the effective enforcement of the basic human right of gender equality and guarantee against sexual harassment and abuse, more particularly, guidelines and norms are hereby laid down for strict observance at all workplaces or other institutions, until a legislation is enacted for the purpose. This is done in exercise of the power available under Article 32 for enforcement of the fundamental rights and it is further emphasized that this would be treated as the law declared by the Supreme Court under Article 141 of the Constitution.”

Further, in Apparel Export Promotion Council v. A.K. Chopra5, a two-Judge Bench of the Supreme Court yet again dealt with a case of sexual harassment of a lady secretary by her male superior. The court relied on the Convention on Elimination of All Forms of Discrimination against Women, 1979 and other international instruments on human rights.

This approach was once more evidenced in Chairman, Rly. Board Vs Chandrima Das6, In this case, a woman tourist of Bangladesh was raped in the Railway Guest House by the employees of the railway board. The petition on her behalf was filed by an Advocate of Calcutta High Court. The Supreme Court apprehended that our Constitution in Part III guarantees all the basic and fundamental human rights set out in the Universal Declaration of Human Rights, 1948 to its people and other personnel, i.e., aliens and that It will be appropriate for the court to refer to international human rights norms while interpreting the national constitution.

In Guruvayoor Devaswom Managing Committee v. C.K. Rajan7, the court said that it will not hesitate to invoke international conventions on human rights to protect group rights of people. It is not only the “first generation” and the “second generation” human rights which have been accepted and applied by the Indian Court, but the “third generation or solidarity right” has also been recognized.

Further in N D Jayal. V. The Union of India8, a three- judge Bench of the Supreme Court has accepted the right to development as an integral part of human right. The Constitution of India also does not expressly provide for the right of privacy. But the Indian judiciary has traced this right in Article 21 of the Constitution. In District Registrar and collector, Hyderabad. v. Canara Bank9, the Supreme Court has invoked Article 12 of the UDHR, 1948 and Article 17 of the International Covenant on Civil and Political Rights, 1966, in upholding the right of privacy.

The Indian Supreme Court has followed two lines of reading in support of applying international human rights norms in its domestic jurisdiction. Firstly, the fundamental rights which are guaranteed by the Constitution can be interpreted in the light of international human rights norms, since these norms indicate the currently accepted view of the content of the various fundamental rights of part III of the Constitution of India. Secondly, the court has also said that international covenants declaring universal fundamental rights can be used by the courts as a legitimate guide in developing common law.

5. CONCLUSION

The Constitution prescribes fundamental rights such as impartiality facing the law. Neither the Union nor the State legislative, executive or judiciary can act in breach of these fundamental rights. Fundamental duties were supplementary to the Constitution in 1977. Among these are duties to stand for the Constitution and value its morals and institutions, the National Flag and the National Anthem, to write and safeguard the prosperous heritage of our amalgamated culture, to defend and develop the national environment as well as forests, lakes, rivers and wild life and to have the kindness for living creations and to endeavor towards superiority in all spheres of personality and cooperative action. Rights and duties go side by side. Rights without duties are worthless. Hon’ble Supreme Court of India and the court has even relied on international human rights law to protect the fundamental rights of the people and has in some cases tried to interpret the collective fundamental duty of the society as the duty of the state.

• Basu D, Commentary on The Constitution of India (Sarkar 1968)
• Jain M, Indian Constitutional Law (Wadhwa and Company 2003)
• Pylee M.V., An Introduction to Constitution of India (Vikas Publishing 2003)
• Sen D, A Comparative Study of The Indian Constitution (Longmans 1967)
• Tinker H, ‘The Constitution of India: A Comparative Study and India’s Constitution in The Making’ (1961) 37 International Affairs.

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Article Contents

1.introduction, 2.the constitution and historical imagination, 3.time: founding moments, serialized epics, and everyday postscripts, 4.liberalism with indian characteristics: individuals and communities, 5.conclusion: freedom, discipline, and the paths not taken.

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The Indian Constitution: Moments, epics and everyday lives

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Rohit De, The Indian Constitution: Moments, epics and everyday lives, International Journal of Constitutional Law , Volume 18, Issue 3, October 2020, Pages 1022–1030, https://doi.org/10.1093/icon/moaa077

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I submit that a Constituent Assembly not only frames a constitution, but also gives people a new framework of life. Dakshayani Velayudhan, Dec. 9, 1946, in 1 Constituent Assembly of India Debates

January 26, 2020 marked the seventieth anniversary of the Indian Constitution. Official celebrations focused on memorializing the “fundamental duties” of the citizen in the constitution that range from “respecting public property and adjuring violence” to “respecting the national flag and national anthem.” In striking contrast, hundreds of thousands of Indian citizens gathered in the streets protesting the changes to the citizenship law by affirming constitutional values of equality, liberty, fraternity, and justice through public recitations of the preamble. 1 The current government-led crisis of the Indian constitutional system has been described as “death of the constitution by a thousand cuts” 2 and is being met with an exceptional resilience of constitutional patriotism from ordinary citizens. Perhaps for the first time since its promulgation, the Constitution is being reflected in popular culture and celebrated in film, song, and poetry. 3

Taking stock on the sixtieth anniversary of the Indian Constitution, political scientist Pratap Bhanu Mehta noted that constitutions, “not only allocate authority, define the limits of power or enunciate values, they also constitute our sense of history and shape a sense of self,” but despite the centrality of the Constitution to Indian social and political life, it remained “ill served by our historical imagination.” 4 In contrast, the last decade has witnessed an efflorescence of historically inflected writing, both scholarly and popular, on the Indian constitution. 5 Madhav Khosla, Ornit Shani, and myself recognize, in our respective work, that the promulgation of the Indian Constitution was a transformative moment for democracy in India, and is a resource for theorizing democracy more generally. As all three authors emphasize, this shared assumption marks a break from Indian scholarship, which saw the Constitution as a “superstructure” or as incidental to Indian politics; it is also a break from Western political theory which viewed the constitution as derivative and the Indian democratic experience at best as an anomaly. For Khosla, the Indian constitution is the “paradigmatic democratic experience in the 20th century, in much the same way in which Tocqueville’s America was for the 19th century.” 6 Ornit Shani notes that the Indian experience of universal adult franchise, irrespective of qualifications, predated not just the postcolonial world, but also the United States and France. I point out that the imbrication of constitution into daily life and the judicialization of politics have a considerably longer history in India than in most of the world. 7 Liberalism, democracy, industrialization, and social equality might have emerged sequentially in the west, but the Indian republic sought to achieve all goals simultaneously.

While differing in their emphasis on the process of change, the three books complement each other. Khosla excavates a shared constitutional vision at the moment of founding that makes visible the political apparatus of democratization, i.e. the codification and explication of rules as a pedagogical project, the emergence of a centralized overarching state, and focusing on the individual as the unit of representation. Shani argues that it was “practical rather than ideological steps,” through the bureaucratic task of implementing universal franchise, that “transformed the meaning of social existence in India” and laid the groundwork of electoral politics. 8 My work documents the use of constitutional remedies in courts and the emergence of constitutional rhetoric on the streets by ordinary people, arguing that the constitutional order was not a gift by enlightened politicians or benevolent judges but was produced and reproduced in everyday encounters by ordinary citizens. 9 Despite the text of the Indian Constitution reproducing several features of colonial legislation, and the institutions of the police, army, bureaucracy, and judiciary continuing with the same personnel and practices, all three authors rebut the idea that the Indian Constitution is an inevitable outgrowth of the colonial legal and bureaucratic frameworks. 10 Khosla distinguishes constitutional codification from colonial projects of codification, arguing that rights were marginal to the nationalist movement and colonial debates over representation were focused on group/communal identities. 11 Shani demonstrates how colonial bureaucrats, when tasked with expanding franchise even minimally, showed reluctance to enfranchise voters, shunned publicity, and found a range of administrative objections to expanding the voter’s list. In contrast, from 1948 onwards, in anticipation of changing legal authorities, the bureaucrats devised new precedents, overcame procedural hurdles, and actively publicized the process of turning citizens into voters. 12 I show how the judicial constitutional remedies in the new constitution gave Indian courts wide powers of judicial review and empowered citizens with the tactics and language to challenge a previously unimaginable range of governmental action both in the courts and on the streets. All three authors forcefully rebut the challenge to demographic non-representativeness (the unelected and largely upper caste Assembly members, the colonial bureaucracy, civil society groups, and litigants) by showing how the processes of constitution writing, electoral registration, and constitutional litigation opened up fields of action for the larger population by rewiring vocabularies, political imaginations, and expectations.

Along with these shared and complementary visions, these three books represent a heterogeneity of methods, archives and causality and offer different (and occasionally contradictory) answers to the nature of India’s constitutional experiment.

Between December 1946 and November 1949, over 300 members of the Indian Constituent Assembly met and deliberated over a constitutional draft in Delhi. For Khosla, this is a distinct moment of founding when “India’s political elite converged on a set of liberal constitutional values without the inheritance of any major liberal traditions.” 13 Khosla rejects not only arguments of colonial continuity, but also claims that these were products of a self-interested compromise over a transfer of power or that they were rooted in a long history of Indian liberal (and radical) thought. 14 While these claims can be contested, Khosla’s maneuver separates a future-oriented “constitutional moment” from everyday politics, allowing for a focus on the ideas themselves without reducing it to contingent maneuvering of interest groups. For instance, he shows how Nehru and Ambedkar, despite differing on their understanding of social and economic needs, came together in adopting a centralized state as the instrument of power for social and economic transformation and freedom, despite two decades of debates over provincial autonomy and village government. 15 One of the strengths of Khosla’s work is his deftness in placing the Indian debates on franchise, representation, and citizenship within the canon of political theory. Khosla’s narrative stops with the promulgation of the constitutional text by the Constituent Assembly, but he notes that the framework did not “exhaust its democratic character and carry the full weight of legitimation.” 16 The provision of universal adult suffrage and ease of constitutional amendment through constitutionally prescribed forms allowed for a democratic sovereignty in the future. Khosla suggests that the ease of amending the Indian Constitution through future parliaments was in recognition of the unelected nature of the Assembly and the absence of a process of ratification. 17 However, the first amendments to the Indian Constitution, circumscribing the rights to free speech and property and nullifying judicial verdicts, were made by the unelected Constituent Assembly in 1951. 18 According to Khosla, at the birth of the Indian republic, people were yet to transition from subjecthood to citizenship, but would do so through a democratic constitution. 19

In contrast, Ornit Shani argues that Indians became voters, and democratic subjects, before they became citizens. Shani focuses on the making of the Indian electorate through the preparation of the first draft electoral roll in anticipation of the Indian constitution. Moving away from the “ivory tower” of the Constituent Assembly, Shani shows how the “institution of electoral democracy,” which preceded the constitutional deliberations by politicians, was the product of a dialog between professional bureaucrats and ordinary people. She argues that it was the institutionalization of procedural equality in a deeply hierarchical society ahead of the constitution that made India’s democracy legible and legitimate to its people. 20 Shani’s archive is the little studied Secretariat of the Constituent Assembly, which was tasked with preparing an electoral roll for the new republic and bureaucratized the idea of equality for the purpose of voting.

As the deliberations began in the Constituent Assembly in 1946, both the territory of the future republic and the people who would constitute it remained undefined. The decision to partition British India into two states led to the greatest human displacement in history, resulting in the migration of 15 million people and millions of deaths. A patchwork of semi-autonomous princely states made up a third of the territory in South Asia, and their sovereigns continued to negotiate the status of their territories and subjects within the Indian union even after the promulgation of the Constitution. 21 The shifting populations and boundaries complicated the process of creating a list of voters and generated struggles for citizenship that were informed by the constitution being drafted and led to changes in the draft provisions. Shani reads the press notes issued by the Secretariat, the ensuing discussions in press, and the letters from the public as a “serialized epic of democracy” which allowed ordinary people to insert themselves as protagonists and “contribut[e] to the democratization of feelings and imagination.” 22 Similarly, administrative debates about funding and preparing a national electoral roll welded together 600 jurisdictions into a democratic federal structure and forged a common idea of Indianness. Most strikingly, Shani charts the transformation of a colonial bureaucratic imagination into one with an unprecedented “measure and tenacity of inclusion,” with state officials registering refugees in camps, homeless people, women in seclusion, and people living in remote areas. Through this new inclusive process they transform and democratize forms and procedures of democratic participation. The production of an electoral roll of 170 million people supported the notion that sovereignty resided in people with actual names and addresses (even though it might record that so-and-so slept under a tree), rather than being a faceless entity. Shani’s key intervention is to show that ordinary people did not react to the constitution-making process, but that constitution-making and everyday struggles were co-constitutive processes. For instance, she shows how the provisions on a centralized electoral commission and the principle of non-discrimination over place of birth emerged through struggles of internal migrants trying to get themselves into the electoral roll before the constitution was completed.

While Khosla’s narrative ends with the promulgation of the Constitution, and Shani’s runs parallel to the process of constitutional drafting, mine seeks to show how the Constitution after its promulgation “came so alive in popular imagination that ordinary people attributed meaning to its existence, took recourse through it and argued with it.” 23 What happens after the overarching centralized state with ambitions to restructure society and economy through codified rules, as Khosla describes, begins to intervene in everyday life? How do people who are not included in the electoral rolls or, more commonly, unable to protect their interests electorally, protect themselves? I argue that, almost as soon as it is promulgated, the Indian Constitution begins to operate as an organizational assumption for citizens and a background threat to the state through processes driven by some of its most marginal citizens. 24 I show this by looking at the use of the new constitutional remedies against attempts to transform the daily life of citizens, be it food practices, drinking habits, shopping, or sexual behavior. 25 While the book draws on judicial records, the central figure is not the judge but the litigant, who was able to insert themselves into an elite conversation and compel the state to respond. In contrast to the “serialized press notes” discussed by Shani, the site of encounter was not chosen by the state, and bureaucrats and politicians (including the constitution founders) are surprised and exasperated when being asked to abide by constitutional procedure. This point was acutely made when Durgabai Deshmukh, a liberal lawyer and constitutional drafter, faced with sex workers asserting their right to practice their profession, demanded that the constitution be amended to exclude them and that “notions of freedom undergo a change.” 26 It is clear that neither judges nor politicians exercise a monopoly on constitutional meaning, as ordinary Indians persist in their claims even after a judicial negation, or in anticipation of constitutional change. Like Shani, I draw inspiration from Robert Cover in recognizing that constitutions exist in a normative universe constructed by the “force of interpretive commitments, some small and private, others immense and public” and seek to bring the smaller actors to light. 27 Despite the centrality of the judicial archive, it was clear that judges did not control the final meaning of the constitution, as groups held onto constitutional interpretations and advanced claims counter to judicial visions.

In one of his final speeches to the Constituent Assembly, Dr Ambedkar worried that “democracy in India was only top dressing on a deeply undemocratic society.” 28 Not only was Ambedkar intimately familiar with the exclusions and violence of a caste society, he had also led two decades of negotiations with both the British and the Congress Party to create a more inclusive playing field but to little avail. How did the constitutional order provide a way for a more democratic society? Khosla gives the clearest answer to this question by suggesting the constitution centered on the individual in exclusion of other identities as the unit of representation, as demonstrated by dropping communal electorates based on religion. He suggests that even the constitutionally mandated special provisions made available to Dalit and tribal communities are framed on the “social and educational backwardness of a group,” which might have applied to certain castes at the time of independence, but were not innate to the group’s conditions. 29 His approach highlights the limitations of reading the Constitution as a document of shared consensus. The Constitution drafters, particularly women and Dalit members, were acutely aware of deep-seated inequalities in society and sought to harness state instruments to transform it. Central to this was an awareness that formal equality was not only insufficient but also dangerous, in that it could be used to hamper the state’s efforts to ameliorate social conditions. 30

The withdrawal of demands for communal representation and the disaggregation of caste and religious minorities are more a product of political machinations in the assembly than a commitment to liberalism. 31 There were only two Muslim members in the Assembly until June of 1947, when the Muslim League members took their seats. As several scholars have shown, the members of the League were outnumbered, had their loyalties and credibility attacked, and were outmaneuvered in committee meetings. 32 Aditya Nigam suggests that reading the constituent assembly debates as an event rather than a text makes visible how within the assembly the “liberal abstract notion of unmarked citizenship” was deployed in a desire for homogeneity rather than democracy and often silenced the articulation of a community-based grievance. 33

Shani’s work also focuses on the production of an unmarked procedurally equal citizenship, but her archive foregrounds the close relationship between community identity and the paradigmatic form of individual representation. The process of bureaucratic enumeration comes dazzlingly alive through the letters and public engagement that the constituent assembly are flooded with. While some are from individuals, a majority seem to come from a range of identity-based associations (a hybrid between traditional caste organizations and modern civil society groups) and, in expanding their liberal unmarked right to franchise, they make claims that are based on group identities. Take, for instance, the Assam Citizen’s Association Dhubri, which attempted to secure the voting rights of refugees, but lobbied to remove the constitutional restrictions preventing them from buying tribal land and pushed for state aid to support minority-run educational institutions. 34 The mobilization for individual representation was facilitated by community organizations. As Shani points out, some communities were unable to represent themselves, and tribal areas in Northeast and Central India, the Andamans, and the state of Jammu and Kashmir were not given the direct franchise. 35

Group identities entered my book in unexpected ways. As I tabulated challenges to particular laws, I noticed a clustering of petitions by individuals belonging to the same community, even in cases that were seemingly unconnected to ascriptive identities, such as commodity controls. It soon became apparent that in caste society, ascriptive identities and economic structures were closely linked, and the ability to litigate was greatest for those with access to informational networks or resources through community organizations. In many instances, what appeared to be claims for individual rights such as the right to drink, on closer examination seemed to be have been funded or organized by a community whose economic interests had been affected. As the archive made clear, not all communities in the 1950s had equal access to litigation, with landless laborers and Dalits , who made up a substantial portion of the population, being underrepresented. However, the acts of litigious citizens opened up pathways of rights for others less able to litigate and caused state officials to anticipate challenges and take constitutional norms as “organizational assumptions” to be followed or evaded. 36 Liberal theory treats liberty, property, and community as separate concepts, but in the Indian case they seem to be inextricably linked to constitutional design.

Despite these limitations and differences, all three authors agree that the Indian constitutional experiment was unprecedented for the time and in terms of its success. The two contemporaneous constituent assemblies in Pakistan and Israel were unable to agree upon a constitutional document, and neither has had the same degree of longevity or popular support. The longevity of the Indian Constituent Assembly is tied both to promise of the constitution and its framework of disciplining politics. For instance, attempts to challenge either the codification of rules or the overarching centralizing state were defended with a range of instruments within the constitution, from the provision of emergency to preventive detention laws. 37 While elections and electoral participation were celebrated, state elites were invested in using elections to discipline politics, curbing other forms of civic protest, and to thwart political engagement that had developed during the national movement. 38 Judicial victories were rare, narrow, and often reversed; moreover, the litigator was frequently castigated as a representative of a “private interest” against “national interest,” and the most effective strategies were where the litigant could, to paraphrase Hannah Arendt, frame their private interest as a general one. 39 As John Dunne notes, the globalization of representative democracy rooted in a bureaucratic statist structure erases more radical alternatives. 40

Given that the triad of features that our books identify and theorize faces increasing challenges in India, one direction for the emerging scholarship on the Indian Constitution is to explore the paths not taken. Kalyani Ramnath, for instance, suggests that the range of disparate opinions within the Constituent Assembly presents an opportunity to examine the different ways in which the constitutional text and polity could have been structured. 41 Khosla engages at some length with the Gandhian genealogy of thinking state power, but there remain other alternatives, including the federal proposals from the Dravidian parties and the princely states, Ambedkar’s radical economic plans including land nationalization, or the more robust imagination of fundamental rights in the Karachi Charter of 1932. Upendra Baxi describes constitutionalism in a threefold way: (i) as a corpus of texts signaling the original intention to fashion a new political formation that seeks to write society through law; (ii) as a set of ongoing interpretive practices within an authoritative community (be it bureaucrats, lawyers, or judges); and (iii) as a site for articulating insurgent orders of expectations from the state. 42 As we look towards the next decade of scholarship on the Indian Constitution, one hopes to see the recovery of more voices, imaginations, archives, and strategies covering the breadth of Baxi’s definitions of constitutionalism.

Rohit De & Surabhi Ranganathan, We are Witnessing the Rediscovery of India’s Republic , N.Y. Times (Dec. 27, 2019), https://nyti.ms/3iAyfeo .

Tarunabh Khaitan, Killing a Constitution by a Thousand Cuts: Executive Aggrandizement and Party-State Fusion in India , 14 Law & Ethics Hum. Rts . 49 (2020).

Suanshu Khurana, Ekkta Malik & Tanushree Ghosh, Poets, Singers and Writers on what the Constitution Means to Them in Letter and Spirit , Indian Express (Jan. 6, 2020), https://bit.ly/3c0qWKB; Article 15 ( Zee Studios, 2018).

Pratap Bhanu Mehta, What is Constitutional Morality? , 615 Seminar India ( Nov. 2010), https://bit.ly/3hyADkL .

This selection of monographs reflects both an interest in constitutional founding as well as constitutional narration for both legal and lay publics. On the constituent assembly and the moment of founding, see Gautam Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts (2019) ; Arvind Elangovan, Norms and Politics: Sir Benegal Narsimha Rau and the Making of the Indian Constitution (1935–1950) (2019); The Indian Constituent Assembly: Deliberations on Democracy ( Udit Bhatia ed., 2017); Akash Singh Rathore, Ambedkar’s Preamble: A Secret History of the Constitution of India (2020); Sandipto Dasgupta, Legalizing the Revolution: Decolonization and Constitutionalism in the 20th Century (2020); Niraja Gopal Jayal, Citizenship and Its Discontents: An Indian History (2013) . On narrating constitutional jurisprudence, see Chitranshul Sinha, The Great Repression: The Story of Sedition in India (2019); Abhinav Chandrachud, A Republic of Rhetoric: Free Speech and the Constitution of India (2017); Anuj Bhuwania, Courting the People: Public Interest Litigation in Post-Emergency India (2017); Gautam Bhatia, Offend, Shock and Disturb: Free Speech under the Indian Constitution (2016); Pooja Parmar, Indigenity and Legal Pluralism in India: Claims, Histories and Meanings (2015), Kalpana Kannibiran, Tools of Justice: Non Discrimination and the Indian Constitution (2012). For an analytical overview, see Arun Kumar Thiruvengadam, The Indian Constitution: A Contextual Analysis (2018).

Madhav Khosla , India’s Founding Moment: The Constitution of a Most Surprising Democracy 6 (2020).

Rohit De, A People’s Constitution: The Everyday Life of the Law in the Indian Republic 4 (2018).

Ornit Shani, How India Became Democratic? Citizenship and the Making of the Universal Franchise 5 (2019).

De , supra note 7, at 3.

On the colonial constitutionalism argument, see Rannabir Sammadar, The Materiality of Politics: The Technologies of Rule (vol. 1) (2007); Sumit Sarkar, Indian Democracy: The Historical Inheritance , in The Success of India’s Democracy 21 (Atul Kohli ed ., 2001); Anil Kalhan, Constitution and “Extraconstitution , ” in Colonial Emergency Regimes in Postcolonial India and Pakistan 89–120 (Victor Ramraj & Arun K. Thiruvengadam eds., 2010).

Khosla , supra note 6. On the way the postcolonial legal order has attempted to integrate its colonial past, see Rahela Khorakiwala, From the Colonial to the Contemporary: Images, Iconography and Performances of Law in India’s High Courts (2019); Rohit De, Between Midnight and Republic: Theory and Practice of India’s Dominion Status , 17 Int’l J. Const. L. 1213 (2019).

Shani , supra note 8, at 32–51.

Khosla , supra note 6, at 18. Moving away from quantitative and game theory models for constitutional success, Khosla’s book is part of an emerging field of interest in Asian constitutional foundations. See Constitutional Foundings in South Asia (Kevin Yl Tan & Ridwan Ul Hoque eds., 2021); The Sri Lankan Republic at 40: Reflections on Constitutional History, Theory and Practice (Asanga Welikala ed., 2012); Maryam Khan, What’s in a Founding? Founding Moments and Pakistan’s “Permanent Constitution” of 1973 , in Founding Moments in Constitutionalism 201–21 (Richard Albert, Nischal Basnyet & Menaka Guruswamy eds., 2020); Constitution-Making in Asia: Decolonisation and State-Building in the Aftermath of the British Empire (Harshan Kumarasingham ed., 2016).

For an example of the compromise model of constitution making in British colonies, see Charles Parkinson, Bill of Rights and Decolonization: The Emergence of Domestic Human Rights Instruments in Britain’s Overseas Territories (2007). For arguments identifying antecedents of the Indian Constitution in Indian intellectual history, see Christopher Bayly, Recovering Liberties: Indian Thought in the Age of Liberalism and Empire (2011); Sukanya Bannerjee, Becoming Imperial Citizens: Indians in the Late Victorian Empire (2013) ; Elangovan, supra note 5; Jayal, supra note 5; Mithi Mukherjee, India in the Shadows of Empire: A Legal and Political History (1757–1950) (2009) . For an overview of radical or socialist antecedents to the Indian Constitution, see Rohit De, Constitutional Antecedents , in The Oxford Handbook to the Indian Constitution 17 ( Sujit Choudhary, Madhav Khosla, and Pratap Bhanu Mehta eds., 2015); Kama Maclean, The Fundamental Rights Resolution Nationalism, Internationalism, and Cosmopolitanism in an Interwar Moment , 37 Comp. Stud. S. Asia, Afr. & Middle E. 213 (2017). For a scalar lineage, see Stephen Legg, Dyarchy: Democracy, Autocracy, and the Scalar Sovereignty of Interwar India , 36 Comp. Stud. S. Asia, Afr. & Middle E. 44 (2016).

This builds on Uday Mehta’s argument that the Indian constitution, distinct from the American or French traditions, transforms power from “a traditional concern with establishing the conditions for freedom to a concern with sustaining life and its necessities”: see Uday S. Mehta, The Social Question and the Absolutism of Politics , 615 Seminar India ( Nov. 2010), https://bit.ly/2Rrq8oP . The Partition casts a shadow over these politics, with concerns of “fissiparous tendencies,” bringing those who would have preferred a more decentralized polity towards a consensus over a centralizing transformative state.

Khosla , supra note 6, at 156.

Khosla sets this up in contrast to the difficulty of constitutional amendments in the United States, which were promulgated after a widespread ratification process. See id . at 158.

Nivedita Menon, Citizenship and the Passive Revolution: Interpreting the First Amendment , Econ. & Pol. Weekly 1812 (2004); Arudra Burra, Freedom of Speech in the Early Constitution: A Study of the Constitution (First Amendment) Bill , in The Indian Constituent Assembly: Deliberations on Democracy , supra note 5, at 130.

Khosla , supra note 6, at 158.

Shani , supra note 8, at 5.

There were ninety-three seats reserved for representatives of princely states within the Assembly, though there was a lively debate about whether these members should be nominated by the prince or selected through popular representation. Several representatives took their seats well after the draft of the Constitution was finalized. The largest state, Hyderabad, was unrepresented in the Constituent Assembly, as it did not accede to India until after 1950. The princely states were also sites of experimentation for constitutional forms since the late nineteenth century: constitutionally mandated affirmative action was first introduced in Mysore in the early twentieth century; Aundh experimented with Gandhian decentralized government; and Manipur offered universal franchise and a stronger bill of rights. Given the possibility of joining an Indian union since the 1930s, the princely states had been debating various forms of federalism. The state of Jammu and Kashmir was the only state in the Indian union which was permitted to have its own constituent assembly and flag. On princely states, see Barbara Ramusack, The Indian Princes and Their States (2004); Manu Bhagavan, Princely States and the Making of Modern India: Internationalism, Constitutionalism and the Postcolonial Moment , 46 Indian Econ. & Soc. History Rev. 427 (2009). On Mysore and Baroda, see Manu Bhagavan, Soveriegn Spheres: Princes, Education and Empire in Colonial India (2003). On constitutional experiments in Baroda, see Rahul Sagar, How and Why the First Constitution in Modern India was Written , Scroll ( Jan. 19, 2020), https://bit.ly/3c7LAIY . On the Travancore Constitution, see Sarath Pillai, Fragmenting the Nation: Divisible Sovereignty and Travancore’s Quest for Federal Independence , 34 Law & History Rev. 743 (2016). On Hyderabad, see Kavita Saraswathi Datla, Sovereignty and the End of Empire: The Transition to Independence in Colonial Hyderabad , 3 Ab Imperio 63 (2018). On Manipur, see S. K. Bannerjee, Manipur State Constitution Act, 1947 , 19 Indian J. Pol. Sci. 35 (1958). On Aundh, see Indira Rothermund , The Aundh Experiment: A Gandhian Grass-roots Democracy (1983).

De,   supra note 7, at 9.

Id. at 218.

I took a conscious decision to not look at more obviously political cases in this book. I discuss them in Rohit De, Rebellion, Dacoity, and Equality: The Emergence of the Constitutional Field in Postcolonial India , 34 Comp. Stud. S. Asia, Afr. & Middle E. 260 (2014). See also Rohit De, How to Write Constitutional Histories: The Constitution of Everyday Life , Asian J. Comp. L. ( forthcoming 2020).

Letter from Durgabai Deshmukh, Member, Planning Commission and Chairperson Central Social Welfare Board, to Jawaharlal Nehru, Prime Minister of India (Sept. 7, 1954) (on file with the Nehru Memorial Museum and Library).

Robert M. Cover, Foreword: Nomos and Narrative , 97 Harv. L. Rev . 4 (1983).

B. R. Ambedkar, Nov. 4, 1948, in 7 Constituent Assembly of India Debates , https://bit.ly/33EZ4co (last visited Oct. 1, 2020).

Khosla , supra note 6, at 150.

Bhatia, The Transformative Constitution: A Radical Biography in Nine Acts,   supra note 5 ; Kalpana Kannabiran, Tools of Justice: Non-Discrimination and the Indian Constitution (2012). Significantly, India Const . art. 15 not only provides a nondiscrimination clause and protects special measures for women, children, and classes with certain social and educational markers, but also specifically casts a horizontal responsibility of non-discrimination upon fellow citizens by throwing open schools, wells, shops, temples, and private establishments that had been sites of caste exclusion. The Constitution also provided for the rights of linguistic and religious minorities, while specifically granting freedom to groups that had been unfree, by abolishing untouchability, human trafficking, and forced labor.

On the changing idea of minorities, see Anupama Rao , The Caste Question: Dalits and the Politics of Modern India (2009); Faisal Devji, Muslim Zion: Pakistan as a Political Idea (2013). O n politics within the assembly, see Upendra Baxi, The Little Done, The Vast Undone: Some Reflections on Reading Granville Austin’s The Indian Constitution , 9 J. Indian L. Inst. 323 (1967).

Iqbal Ansari, The Politics of Constitution Making in India , in Minority Identities and the Nation State 113 (D. L. Sheth & Gurpreet Mahajan eds., 1999); Shefal Jhai, Rights Versus Representation: Defending Minority Interests in the Constituent Assembly , Econ. & Pol. Weekly 1579 (2003); Shefali Jha, Representation and its Epiphanies: A Reading of Constituent Assembly Debates , Econ. & Pol. Weekly 4357 (2004); Rochana Bajpai, The Conceptual Vocabularies of Secularism and Minority Rights in India , 7 J. Pol. Ideologies 179 (2002); Shabnum Tejani, The Necessary Conditions for Democracy: BR Ambedkar on Nationalism, Minorities and Pakistan , Econ. & Pol. Weekly 111 (2013).

Aditya Nigam, A Text Without Author: Locating Constituent Assembly as Event , Econ. & Pol. Weekly 2107 (2004).

Shani , supra note 8, at 176.

As Shani has shown elsewhere, Indian Muslims faced a more difficult time establishing citizenship and documents. See Ornit Shani, Conceptions of Citizenship in India and the “Muslim Question , ” 44 Mod. Asian Stud. 145 (2010). On the documentary burdens on Indian Muslims of partition, see Vazira Zamindar, The Long Partition: Refugees, Boundaries, Citizenship (2007).

For an illustration on how litigation by petty bureaucrats opened up possibilities for other groups, see Rohit De, A Republic of Petty Bureaucrats: Upendra Baxi and the Pathologies of Civil Service Jurisprudence , 9 Jindal Global L. Rev . 335 (2018).

Sandipto Dasgupta argues that the length and complexity of the Indian constitution are the result of an elite desire for legalism and procedural certainty to contain popular politics in the future, particularly over questions of property. See Sandipto Dasgupta, “A Language Which Is Foreign to Us”: Continuities and Anxieties in the Making of the Indian Constitution , 34 Comp. Stud. S. Asia, Afr. & Middle E. 228 (2014).

Dipesh Chakrabarty, “In the Name of Politics”: Democracy and the Power of the Multitude in India , 19 Pub. Culture 35 (2007).

Hannah Arendt, The Human Condition 34 (1958).

John Dunne, Setting the People Free: The Story of Democracy (2d ed. 2018) (I am grateful to Tejas Parashar for the reference).

Kalyani Ramnath, “We The People”: Seamless Webs and Social Revolution in India’s Constituent Assembly Debates , 32 S. Asia Res. 57 (2012).

Upendra Baxi, Outline of a Theory of Practice of Indian Constitutionalism , in Politics and Ethics of the Indian Constitution Politics and Ethics of the Indian Constitution 92, 92–118 (Rajeev Bhargava ed., 2008).

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Fundamental Rights : Part III (Articles 12-35)

Last updated on June 12, 2024 by Alex Andrews George

The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity.

All people, irrespective of race, religion, caste, or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. Seven categories of Fundamental Rights are covered by Articles 12-35.

Part III of the Indian Constitution talks about Fundamental Rights.

Table of Contents

Fundamental Rights

These rights are essential for the protection of individual liberties and act as a check on the power of the government. The Constitution of India recognizes the following fundamental rights:

• Right to Equality (Articles 14-18): This includes equality before the law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of public employment.
• Right to Freedom (Articles 19-22): This encompasses the right to freedom of speech and expression , assembly, association, movement, residence, and the right to practice any profession, occupation, trade, or business.
• Right against Exploitation (Articles 23-24): This includes the prohibition of forced labor, child labor, and trafficking of human beings.
• Right to Freedom of Religion (Articles 25-28): This guarantees the freedom to practice, profess, and propagate any religion, subject to public order, morality, and health.
• Cultural and Educational Rights (Articles 29-30): These provide for the protection of the interests of minorities in terms of culture, language, and education.
• Right to Constitutional Remedies (Article 32): This grants individuals the right to move to the Supreme Court for the enforcement of their fundamental rights. It is considered the “heart and soul” of the Constitution.

Additionally, Article 35 allows the Parliament to enact laws to give effect to the provisions of fundamental rights and to restrict their scope in certain circumstances.

Also read: SC Judgment on Climate Change: Recognizing the Right to a Healthy Environment

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Article 12: Definition

In this Part, unless the context otherwise required, “the State” includes the Governmental and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Article 13: Laws inconsistent with or in derogation of the fundamental rights

(1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.

(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.

(3) In this article, unless the context otherwise required, –

(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom, or usage having in the territory of India the force of law; (b) “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

(4) Nothing in this article shall apply to any amendment of this Constitution made under Article 368.

Fundamental Rights in Detail

It’s important to note that fundamental rights are not absolute and can be subject to reasonable restrictions in the interest of public order, morality, security, and other specified factors. The Constitution also provides for the suspension of certain fundamental rights during a state of emergency .

Right to Equality

Article 14: equality before the law.

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.

(2) No citizen shall, on the ground only of religion, race, caste, sex, place of birth, or any of them, be subject to any disability, liability, restriction, or condition about –

(a) access to shops, public restaurants, hotels, and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads, and places of public resort maintained whole or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) or Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.

Article 16: Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, regarding a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory before such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

Article 17: Abolition of Untouchability

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offense punishable by the law.

Article 18: Abolition of titles

(1) No title, not being a military or academic distinction, shall be conferred by the State.

(2) No citizen of India shall accept any title from any foreign State.

(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

(4) No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

Right to Freedom

Article 19: protection of certain rights regarding freedom of speech, etc..

(1) All citizens shall have the right-

(a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade, or business.

(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or about contempt of court, defamation or incitement to an offense.

(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interest of the sovereignty and integrity of India or public order, reasonable restrictions on the right conferred by the said sub-clause.

(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

(5) Nothing in sub-clause (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Schedule Tribe.

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, –

(i) the professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry, or service, whether to the exclusion, complete or partial, of citizens or otherwise.

Article 20: Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

Article 21: Protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law .

Article 21A:  Fundamental Rights to Education

The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Article 22: Protection against arrest and detention in certain cases

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.

(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

(3) Nothing in clauses (1) and (2) shall apply –

(a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless –

(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorize the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or (b) such a person is detained by the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.

(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

(7) Parliament may by law prescribe –

(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board by the provisions of sub-clause (a) of clause (4); (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

Right against Exploitation

Article 23: prohibition of traffic in human beings and forced labor.

(1) Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable by the law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste, or class, or any of them.

Article 24: Prohibition of employment of children in factories, etc.

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Right to Freedom of Religion

Article 25: freedom of conscience and free profession, practice, and propagation of religion.

(1) Subject to public order, morality, and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law –

(a) regulating or restricting any economic, financial, political, or other secular activity which may be associated with religious practice; (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.

Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II: In sub-Clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina, or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

Article 26: Freedom to manage religious affairs

Subject to public order, morality, and health, every religious denomination or any section thereof shall have the right –

(a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property by the law.

Article 27: Freedom as to payment of taxes for the promotion of any particular religion

No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

(2) Nothing in clause (1) shall apply to an educational institution that is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

(3) No person attending any educational institution recognized by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is minor, his guardian has given his consent thereto.

Cultural and Educational Rights

Article 29: protection of interests of minorities.

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language, or any of them.

Article 30: Right of minorities to establish and administer educational institutions

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.

(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Article 31: Compulsory acquisition of property*

This Article was deleted from Part III of the Constitution by the  Constitution (Forty-fourth Amendment) Act, 1978 , and a modified version was inserted as Article 300A.

Article 31A: Saving of laws providing for the acquisition of estates, etc.

(1) Notwithstanding anything contained in Article 13, no law providing for –

(a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the State for a limited period either in the public interest or to secure the proper management of the property, or (c) the amalgamation of two or more corporations either in the public interest or to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries, and treasurers, managing directors, directors or managers of corporations, or any voting rights of share-holders thereof, or (e) the extinguishment or modification of any rights accruing by any agreement, lease, or license to search for, or win, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease, or license, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent: Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.

(2) In this article, –

(a) the expression “estate” shall, about any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenure in force in that area and shall also include –

(i) any jagir, inam or mafia or other similar grant and in the States of Tamil Nadu and Kerala, any janmam right; (ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural laborers, and village artisans;

(b) the expression “rights”, about an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue.

Article 31B: Validation of certain Acts and Regulations

Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provision thereof shall be deemed to be void, or even to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.

Article 31C: Saving of laws giving effect to certain directive principles

Notwithstanding anything contained in Article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy : Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.

Article 31D: Saving of laws in respect of anti-national activities*

This provision was not included in the Constitution of India 1950. It was later inserted by the  Constitution (Forty-second Amendment) Act, 1976 , and subsequently deleted by the  Constitution (Forty-third Amendment) Act, 1977 .

Right to Constitutional Remedies

Article 32: remedies for enforcement of rights conferred by this part.

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have the power to issue directions or orders or writs , including writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Article 32A: Constitutional validity of State laws not to be considered in proceedings under article 32*

This provision was not included in the Constitution of India, 1950. It was inserted into the Constitution via the  Constitution (Forty-second Amendment) Act, 1976 , and subsequently deleted by the  Constitution (Forty-third Amendment) Act, 1977 .

Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, –

(a) the members of the Armed Forces; or (b) the members of the Forces charged with the maintenance of public order; or (c) persons employed in any bureau or other organization established by the State for purposes of intelligence or counterintelligence; or (d) persons employed in, or in connection with, the telecommunication systems set up for any Force, bureau, or organization referred to in clauses (a) to (c), be restricted or abrogated to ensure the proper discharge of their duties and the maintenance of discipline among them.

Article 34: Restriction on rights conferred by this Part while martial law is in force in any area

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any person in respect of any act done by him in connection with the maintenance or restoration or order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

Article 35 allows the Parliament to enact laws to give effect to the provisions of fundamental rights and to restrict their scope in certain circumstances.

Article 35: Legislation to give effect to the provisions of this Part

Notwithstanding anything in this Constitution, –

(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws –

(i) Concerning any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33, and article 34 may be provided for by law made by Parliament; and (ii) for prescribing punishment for those acts which are declared to be offences under this part, and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);

(b) any law in force immediately before the commencement of this Constitution in the territory of India concerning any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.

Explanation: In this article, the expression “law in force” has the same meaning as in Article 372.

The framers of the Indian Constitution aimed to create a just and equitable society where every citizen enjoys certain basic fundamental rights and freedoms. The judiciary plays a crucial role in safeguarding and interpreting fundamental rights, ensuring that they are upheld and protected in the spirit of the Constitution.

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Alex Andrews George is a mentor, author, and social entrepreneur. Alex is the founder of ClearIAS and one of the expert Civil Service Exam Trainers in India.

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Reader Interactions

July 31, 2016 at 8:40 pm

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April 2, 2018 at 4:21 pm

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February 1, 2022 at 12:09 pm

Go through article 38 ,,,more over Preamble also provides for social and economic justice ,,

November 23, 2022 at 7:05 pm

What is judicial review

August 19, 2018 at 6:15 pm

Pls mention Writ of HC and SC ….under 32 article

July 21, 2019 at 8:48 pm

This article is nice

July 1, 2021 at 7:12 pm

Writ is nothing but a legal order to do or not to do issued by court of law.people can use writ petition in supreme court (art 32) and high court (art 226) when they were not allowed to enjoy their fundamental rights.

August 9, 2019 at 3:57 pm

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November 7, 2019 at 2:52 pm

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November 16, 2019 at 9:49 am

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December 19, 2020 at 9:05 am

1- habeaus corpus 2-mandamus 3-quo warranto 4-prohibition 5-cartiararay

May 7, 2021 at 2:54 pm

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July 29, 2021 at 8:56 am

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July 31, 2021 at 11:55 pm

January 4, 2022 at 12:23 am

IAS AND PCS JUSTICES IN UTTAR PRADESH INDIA They are unfit, unskilled, barbarians not qualified to interpret and apply the law, they take bribes to apply dilatory tactics to pillory the law-abiding citizens for over several generations for illusive justice. Most litigants die with injustice. India must abolish the Courts presided by the IAS and PCS. Ramesh Mishra Victoria, British Columbia, Canada

January 15, 2022 at 11:30 pm

June 19, 2023 at 7:22 am

October 27, 2023 at 7:58 pm

Highly appreciatethe effort done to make anh reader understand the concept of about constitutional rights 😀

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Essay on Human Rights: Samples in 500 and 1500

• Updated on  
• Jun 20, 2024

Essay writing is an integral part of the school curriculum and various academic and competitive exams like IELTS , TOEFL , SAT , UPSC , etc. It is designed to test your command of the English language and how well you can gather your thoughts and present them in a structure with a flow. To master your ability to write an essay, you must read as much as possible and practise on any given topic. This blog brings you a detailed guide on how to write an essay on Human Rights , with useful essay samples on Human rights.

This Blog Includes:

The basic human rights, 200 words essay on human rights, 500 words essay on human rights, 500+ words essay on human rights in india, 1500 words essay on human rights, importance of human rights, essay on human rights pdf, what are human rights.

Human rights mark everyone as free and equal, irrespective of age, gender, caste, creed, religion and nationality. The United Nations adopted human rights in light of the atrocities people faced during the Second World War. On the 10th of December 1948, the UN General Assembly adopted the Universal Declaration of Human Rights (UDHR). Its adoption led to the recognition of human rights as the foundation for freedom, justice and peace for every individual. Although it’s not legally binding, most nations have incorporated these human rights into their constitutions and domestic legal frameworks. Human rights safeguard us from discrimination and guarantee that our most basic needs are protected.

Also Read: Essay on Yoga Day

Also Read: Speech on Yoga Day

Before we move on to the essays on human rights, let’s check out the basics of what they are.

Also Read: What are Human Rights?

Also Read: 7 Impactful Human Rights Movies Everyone Must Watch!

Here is a 200-word short sample essay on basic Human Rights.

Human rights are a set of rights given to every human being regardless of their gender, caste, creed, religion, nation, location or economic status. These are said to be moral principles that illustrate certain standards of human behaviour. Protected by law , these rights are applicable everywhere and at any time. Basic human rights include the right to life, right to a fair trial, right to remedy by a competent tribunal, right to liberty and personal security, right to own property, right to education, right of peaceful assembly and association, right to marriage and family, right to nationality and freedom to change it, freedom of speech, freedom from discrimination, freedom from slavery, freedom of thought, conscience and religion, freedom of movement, right of opinion and information, right to adequate living standard and freedom from interference with privacy, family, home and correspondence.

Also Read: Law Courses

Check out this 500-word long essay on Human Rights.

Every person has dignity and value. One of the ways that we recognise the fundamental worth of every person is by acknowledging and respecting their human rights. Human rights are a set of principles concerned with equality and fairness. They recognise our freedom to make choices about our lives and develop our potential as human beings. They are about living a life free from fear, harassment or discrimination.

Human rights can broadly be defined as the basic rights that people worldwide have agreed are essential. These include the right to life, the right to a fair trial, freedom from torture and other cruel and inhuman treatment, freedom of speech, freedom of religion, and the right to health, education and an adequate standard of living. These human rights are the same for all people everywhere – men and women, young and old, rich and poor, regardless of our background, where we live, what we think or believe. This basic property is what makes human rights’ universal’.

Human rights connect us all through a shared set of rights and responsibilities. People’s ability to enjoy their human rights depends on other people respecting those rights. This means that human rights involve responsibility and duties towards other people and the community. Individuals have a responsibility to ensure that they exercise their rights with consideration for the rights of others. For example, when someone uses their right to freedom of speech, they should do so without interfering with someone else’s right to privacy.

Governments have a particular responsibility to ensure that people can enjoy their rights. They must establish and maintain laws and services that enable people to enjoy a life in which their rights are respected and protected. For example, the right to education says that everyone is entitled to a good education. Therefore, governments must provide good quality education facilities and services to their people. If the government fails to respect or protect their basic human rights, people can take it into account.

Values of tolerance, equality and respect can help reduce friction within society. Putting human rights ideas into practice can help us create the kind of society we want to live in. There has been tremendous growth in how we think about and apply human rights ideas in recent decades. This growth has had many positive results – knowledge about human rights can empower individuals and offer solutions for specific problems.

Human rights are an important part of how people interact with others at all levels of society – in the family, the community, school, workplace, politics and international relations. Therefore, people everywhere must strive to understand what human rights are. When people better understand human rights, it is easier for them to promote justice and the well-being of society. 

Also Read: Important Articles in Indian Constitution

Here is a human rights essay focused on India.

All human beings are born free and equal in dignity and rights. It has been rightly proclaimed in the American Declaration of Independence that “all men are created equal, that they are endowed by their Created with certain unalienable rights….” Similarly, the Indian Constitution has ensured and enshrined Fundamental rights for all citizens irrespective of caste, creed, religion, colour, sex or nationality. These basic rights, commonly known as human rights, are recognised the world over as basic rights with which every individual is born.

In recognition of human rights, “The Universal Declaration of Human Rights was made on the 10th of December, 1948. This declaration is the basic instrument of human rights. Even though this declaration has no legal bindings and authority, it forms the basis of all laws on human rights. The necessity of formulating laws to protect human rights is now being felt all over the world. According to social thinkers, the issue of human rights became very important after World War II concluded. It is important for social stability both at the national and international levels. Wherever there is a breach of human rights, there is conflict at one level or the other.

Given the increasing importance of the subject, it becomes necessary that educational institutions recognise the subject of human rights as an independent discipline. The course contents and curriculum of the discipline of human rights may vary according to the nature and circumstances of a particular institution. Still, generally, it should include the rights of a child, rights of minorities, rights of the needy and the disabled, right to live, convention on women, trafficking of women and children for sexual exploitation etc.

Since the formation of the United Nations , the promotion and protection of human rights have been its main focus. The United Nations has created a wide range of mechanisms for monitoring human rights violations. The conventional mechanisms include treaties and organisations, U.N. special reporters, representatives and experts and working groups. Asian countries like China argue in favour of collective rights. According to Chinese thinkers, European countries lay stress upon individual rights and values while Asian countries esteem collective rights and obligations to the family and society as a whole.

With the freedom movement the world over after World War II, the end of colonisation also ended the policy of apartheid and thereby the most aggressive violation of human rights. With the spread of education, women are asserting their rights. Women’s movements play an important role in spreading the message of human rights. They are fighting for their rights and supporting the struggle for human rights of other weaker and deprived sections like bonded labour, child labour, landless labour, unemployed persons, Dalits and elderly people.

Unfortunately, violation of human rights continues in most parts of the world. Ethnic cleansing and genocide can still be seen in several parts of the world. Large sections of the world population are deprived of the necessities of life i.e. food, shelter and security of life. Right to minimum basic needs viz. Work, health care, education and shelter are denied to them. These deprivations amount to the negation of the Universal Declaration of Human Rights.

Also Read: Human Rights Courses

Check out this detailed 1500-word essay on human rights.

The human right to live and exist, the right to equality, including equality before the law, non-discrimination on the grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment, the right to freedom of speech and expression, assembly, association, movement, residence, the right to practice any profession or occupation, the right against exploitation, prohibiting all forms of forced labour, child labour and trafficking in human beings, the right to freedom of conscience, practice and propagation of religion and the right to legal remedies for enforcement of the above are basic human rights. These rights and freedoms are the very foundations of democracy.

Obviously, in a democracy, the people enjoy the maximum number of freedoms and rights. Besides these are political rights, which include the right to contest an election and vote freely for a candidate of one’s choice. Human rights are a benchmark of a developed and civilised society. But rights cannot exist in a vacuum. They have their corresponding duties. Rights and duties are the two aspects of the same coin.

Liberty never means license. Rights presuppose the rule of law, where everyone in the society follows a code of conduct and behaviour for the good of all. It is the sense of duty and tolerance that gives meaning to rights. Rights have their basis in the ‘live and let live’ principle. For example, my right to speech and expression involves my duty to allow others to enjoy the same freedom of speech and expression. Rights and duties are inextricably interlinked and interdependent. A perfect balance is to be maintained between the two. Whenever there is an imbalance, there is chaos.

A sense of tolerance, propriety and adjustment is a must to enjoy rights and freedom. Human life sans basic freedom and rights is meaningless. Freedom is the most precious possession without which life would become intolerable, a mere abject and slavish existence. In this context, Milton’s famous and oft-quoted lines from his Paradise Lost come to mind: “To reign is worth ambition though in hell/Better to reign in hell, than serve in heaven.”

However, liberty cannot survive without its corresponding obligations and duties. An individual is a part of society in which he enjoys certain rights and freedom only because of the fulfilment of certain duties and obligations towards others. Thus, freedom is based on mutual respect’s rights. A fine balance must be maintained between the two, or there will be anarchy and bloodshed. Therefore, human rights can best be preserved and protected in a society steeped in morality, discipline and social order.

Violation of human rights is most common in totalitarian and despotic states. In the theocratic states, there is much persecution, and violation in the name of religion and the minorities suffer the most. Even in democracies, there is widespread violation and infringement of human rights and freedom. The women, children and the weaker sections of society are victims of these transgressions and violence.

The U.N. Commission on Human Rights’ main concern is to protect and promote human rights and freedom in the world’s nations. In its various sessions held from time to time in Geneva, it adopts various measures to encourage worldwide observations of these basic human rights and freedom. It calls on its member states to furnish information regarding measures that comply with the Universal Declaration of Human Rights whenever there is a complaint of a violation of these rights. In addition, it reviews human rights situations in various countries and initiates remedial measures when required.

The U.N. Commission was much concerned and dismayed at the apartheid being practised in South Africa till recently. The Secretary-General then declared, “The United Nations cannot tolerate apartheid. It is a legalised system of racial discrimination, violating the most basic human rights in South Africa. It contradicts the letter and spirit of the United Nations Charter. That is why over the last forty years, my predecessors and I have urged the Government of South Africa to dismantle it.”

Now, although apartheid is no longer practised in that country, other forms of apartheid are being blatantly practised worldwide. For example, sex apartheid is most rampant. Women are subject to abuse and exploitation. They are not treated equally and get less pay than their male counterparts for the same jobs. In employment, promotions, possession of property etc., they are most discriminated against. Similarly, the rights of children are not observed properly. They are forced to work hard in very dangerous situations, sexually assaulted and exploited, sold and bonded for labour.

The Commission found that religious persecution, torture, summary executions without judicial trials, intolerance, slavery-like practices, kidnapping, political disappearance, etc., are being practised even in the so-called advanced countries and societies. The continued acts of extreme violence, terrorism and extremism in various parts of the world like Pakistan, India, Iraq, Afghanistan, Israel, Somalia, Algeria, Lebanon, Chile, China, and Myanmar, etc., by the governments, terrorists, religious fundamentalists, and mafia outfits, etc., is a matter of grave concern for the entire human race.

Violation of freedom and rights by terrorist groups backed by states is one of the most difficult problems society faces. For example, Pakistan has been openly collaborating with various terrorist groups, indulging in extreme violence in India and other countries. In this regard the U.N. Human Rights Commission in Geneva adopted a significant resolution, which was co-sponsored by India, focusing on gross violation of human rights perpetrated by state-backed terrorist groups.

The resolution expressed its solidarity with the victims of terrorism and proposed that a U.N. Fund for victims of terrorism be established soon. The Indian delegation recalled that according to the Vienna Declaration, terrorism is nothing but the destruction of human rights. It shows total disregard for the lives of innocent men, women and children. The delegation further argued that terrorism cannot be treated as a mere crime because it is systematic and widespread in its killing of civilians.

Violation of human rights, whether by states, terrorists, separatist groups, armed fundamentalists or extremists, is condemnable. Regardless of the motivation, such acts should be condemned categorically in all forms and manifestations, wherever and by whomever they are committed, as acts of aggression aimed at destroying human rights, fundamental freedom and democracy. The Indian delegation also underlined concerns about the growing connection between terrorist groups and the consequent commission of serious crimes. These include rape, torture, arson, looting, murder, kidnappings, blasts, and extortion, etc.

Violation of human rights and freedom gives rise to alienation, dissatisfaction, frustration and acts of terrorism. Governments run by ambitious and self-seeking people often use repressive measures and find violence and terror an effective means of control. However, state terrorism, violence, and human freedom transgressions are very dangerous strategies. This has been the background of all revolutions in the world. Whenever there is systematic and widespread state persecution and violation of human rights, rebellion and revolution have taken place. The French, American, Russian and Chinese Revolutions are glowing examples of human history.

The first war of India’s Independence in 1857 resulted from long and systematic oppression of the Indian masses. The rapidly increasing discontent, frustration and alienation with British rule gave rise to strong national feelings and demand for political privileges and rights. Ultimately the Indian people, under the leadership of Mahatma Gandhi, made the British leave India, setting the country free and independent.

Human rights and freedom ought to be preserved at all costs. Their curtailment degrades human life. The political needs of a country may reshape Human rights, but they should not be completely distorted. Tyranny, regimentation, etc., are inimical of humanity and should be resisted effectively and united. The sanctity of human values, freedom and rights must be preserved and protected. Human Rights Commissions should be established in all countries to take care of human freedom and rights. In cases of violation of human rights, affected individuals should be properly compensated, and it should be ensured that these do not take place in future.

These commissions can become effective instruments in percolating the sensitivity to human rights down to the lowest levels of governments and administrations. The formation of the National Human Rights Commission in October 1993 in India is commendable and should be followed by other countries.

Also Read: Law Courses in India

Human rights are of utmost importance to seek basic equality and human dignity. Human rights ensure that the basic needs of every human are met. They protect vulnerable groups from discrimination and abuse, allow people to stand up for themselves, and follow any religion without fear and give them the freedom to express their thoughts freely. In addition, they grant people access to basic education and equal work opportunities. Thus implementing these rights is crucial to ensure freedom, peace and safety.

Human Rights Day is annually celebrated on the 10th of December.

Human Rights Day is celebrated to commemorate the Universal Declaration of Human Rights, adopted by the UNGA in 1948.

Some of the common Human Rights are the right to life and liberty, freedom of opinion and expression, freedom from slavery and torture and the right to work and education.

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• The Situation Of Human Rights - India vs US

The Situation Of Human Rights - India vs US  Blogs Home

• 05 Jan 2023

Human rights are fundamental rights inherent to all human beings, regardless of their race, sex, nationality, ethnicity, language, religion, or any other status. These rights include the right to life, liberty, and security of person; the right to education, work, and health; and the right to freedom of expression, assembly, and association.

Human Rights in India

In India, the Constitution guarantees its citizens a wide range of fundamental rights, including the right to equality, freedom of speech and expression, and protection against discrimination on the grounds of religion, race, caste, sex, or place of birth. However, despite these constitutional protections, there have been numerous instances of human rights violations in India.

One area where human rights violations have been particularly prevalent in India is the treatment of marginalized communities. Dalits, also known as untouchables, continue to face discrimination and violence due to the deeply entrenched caste system in the country. Adivasis, or tribal communities, have also faced significant challenges, including forced displacement and land grabs as a result of development projects. Muslims in India have also faced discrimination and violence, particularly since the rise of Hindu nationalism in recent years.

Violence against women and children is another prominent human rights issue in India. According to the National Crime Records Bureau, there were over 32,000 reported cases of rape in India in 2019, and the actual number is likely much higher due to underreporting. Female infanticide and foeticide, as well as child marriage , also remain significant problems in the country.

LGBTQ+ individuals in India have also faced significant challenges and discrimination. Homosexuality was criminalized under Section 377 of the Indian Penal Code until it was struck down by the Supreme Court in 2018. However, LGBTQ+ individuals continue to face societal stigma and discrimination, and there is currently no comprehensive anti-discrimination legislation protecting them.

In addition to these issues, there have also been instances of police brutality and abuse of power, as well as corruption and lack of accountability for those in positions of authority. Some other notable issues include:

• The Naxalite-Maoist insurgency , which has resulted in widespread human rights abuses, including extrajudicial killings, torture, and forced displacement of tribal communities.
• The ongoing conflict in Kashmir, which has resulted in numerous human rights abuses by both Indian security forces and militant groups.
• The exploitation and abuse of women and children, including incidents of sexual violence, trafficking, and female infanticide.

Human Rights in the US

In the United States, the Constitution also guarantees a range of fundamental rights to its citizens, including the right to free speech, religion, and the press; the right to bear arms; and the right to be free from unreasonable searches and seizures. However, there have also been numerous instances of human rights violations in the United States, particularly against marginalized communities.

One major issue in the United States is racial discrimination, particularly against African Americans. The country has a long history of institutionalized racism, including slavery and segregation, and this legacy continues to impact African Americans today. There have been numerous instances of police brutality and racial profiling against African Americans, as well as discrimination in the criminal justice system.

Native Americans in the United States have also faced significant challenges and human rights violations. The government has a long history of breaking treaties and forcibly removing Native American communities from their land, and Native Americans continue to face discrimination and poverty at disproportionately high rates.

Immigrants in the United States have also faced significant challenges and human rights violations, particularly in recent years. The government has implemented harsh immigration policies, including the separation of families and the detention of immigrants in inhumane conditions. There have also been instances of discrimination and violence against immigrants, particularly those who are perceived to be Muslim or Hispanic.

LGBTQ+ individuals in the United States have made significant progress in recent years with the legalization of same-sex marriage and the passage of anti-discrimination legislation. However, LGBTQ+ individuals still face discrimination and violence, particularly in certain parts of the country.

In addition to these issues, there have also been instances of police brutality and abuse of power, as well as corruption and lack of accountability for those in positions of authority. There have also been instances of environmental degradation and neglect of indigenous lands, leading to the loss of homes and livelihoods for affected communities. Some other notable issues include:

• The abuse and neglect of prisoners in the criminal justice system, including the use of solitary confinement and the inadequate provision of healthcare.
• The exploitation and abuse of children, including incidents of sexual abuse in institutions such as schools and religious organizations.
• The exploitation and abuse of workers, including the failure to pay fair wages and provide safe working conditions.

Proactive Steps That can be Taken

Both India and the United States have robust systems in place to address human rights violations and provide remedies to victims. In India, these include the National Human Rights Commission , the State Human Rights Commission, and the National Commission for Minorities . In the United States, there are various federal and state agencies, as well as non-governmental organizations, that work to protect and promote human rights.

Despite these efforts, however, human rights violations continue to occur in both countries. Both governments must take proactive steps to address these issues and ensure that all individuals are able to enjoy their fundamental rights.

To address human rights issues and ensure that all individuals can enjoy their fundamental rights, here are some suggestions:

Strengthening laws and policies to protect marginalized communities: This can include enacting and enforcing laws to address discrimination and violence against Dalits, Adivasis, Muslims, and other marginalized communities . The government can also implement affirmative action policies to ensure that these communities have equal access to education, employment, and other opportunities.

Increasing accountability for perpetrators of human rights abuses: This can include ensuring that those who commit human rights abuses are held accountable through the criminal justice system. The government can also implement measures to prevent such abuses, such as training law enforcement officials on human rights issues and establishing oversight mechanisms to ensure that abuses are promptly addressed.

Providing support and resources to victims: This can include setting up systems to provide medical, legal, and other forms of assistance to victims of human rights abuses, as well as establishing rehabilitation and reintegration programs for those who have been displaced or otherwise affected by such abuses.

Promoting education and awareness about human rights: The government can take steps to educate the public about human rights issues and the importance of respecting the rights of all individuals. This can include incorporating human rights education into the school curriculum and launching public awareness campaigns.

Engaging with civil society organizations and individuals: The government can work with civil society organizations and individuals to address human rights issues and ensure that the voices of marginalized communities are heard. This can include consulting with these groups on policy decisions and establishing mechanisms for them to provide input and feedback.

By taking these actions, governments can work to ensure that all individuals in the country can enjoy their fundamental rights and live with dignity and respect.

Prateek Chatterjee

He is a writer who is passionate about breaking down complex subjects and communicating them clearly and concisely. Whether through articles, blog posts, or marketing copy, he loves helping people understand and engage with difficult ideas & notions.

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• IAS Preparation
• UPSC Preparation Strategy
• Fundamental Rights

Fundamental Rights - Articles 12-35 (Part III of Indian Constitution)

Articles 12-35 of the Indian Constitution deal with Fundamental Rights. These human rights are conferred upon the citizens of India and the Constitution tells that these rights are inviolable. Right to Life, Right to Dignity, Right to Education, etc. all come under one of the six main fundamental rights.

Fundamental Rights – Indian Polity Download PDF Here

Fundamental rights are a very important topic in the polity section of the UPSC exam. It is a basic static portion of the syllabus but it is highly dynamic in the sense that it is featured in the daily news in some form or the other. Hence, it is highly important for the IAS exam . In this article, you can read all about this topic from the IAS exam perspective and download the fundamental rights UPSC notes from the link above. You will also understand the differences between fundamental rights and duties.

Fundamental Rights Latest News

In this article, you can read all about the 6 fundamental rights of India:

The significance and list of fundamental rights of India for the UPSC exam are also given in the article. 

What are Fundamental Rights?

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts , subject to certain conditions.

Why are they called Fundamental Rights?

These rights are called fundamental rights because of two reasons:

• They are enshrined in the Constitution which guarantees them.
• They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law.

How many Fundamental Rights are there in the Indian Constitution? 

There are six fundamental rights in the Indian Constitution. They are mentioned below along with the constitutional articles related to them:

• Right to Equality (Article 14-18)
• Right to Freedom (Article 19-22)
• Right against Exploitation (Article 23-24)
• Right to Freedom of Religion (Article 25-28)
• Cultural and Educational Rights (Article 29-30)
• Right to Constitutional Remedies (Article 32)

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Indian Constitution, i.e., the right to property. 

However, this right was removed from the list of fundamental rights by the 44th Constitutional Amendment . 

This was because this right proved to be a hindrance towards attaining the goal of socialism and redistributing wealth (property) equitably among the people. 

Is right to property a constitutional right or legal right?

Note: The right to property is now a legal right and not a fundamental right. 

6 Fundamental Rights of India

In this section, we list the fundamental rights of India and briefly describe each of them.

1. Right to Equality (Articles 14 – 18)

The right to equality is one of the important fundamental rights of the Indian Constitution that guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It ensures equal employment opportunities in the government and insures against discrimination by the State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition of titles as well as untouchability.

Aspirants can read more about the Right to Equality in the linked article.

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian Constitution guarantees freedom to citizens. The freedom right includes many rights such as:

• Freedom of speech
• Freedom of expression
• Freedom of assembly without arms
• Freedom of association
• Freedom to practise any profession 
• Freedom to reside in any part of the country

Read more on the Right to Freedom in the linked article.

Some of these rights are subject to certain conditions of state security, public morality and decency and friendly relations with foreign countries. This means that the State has the right to impose reasonable restrictions on them.

Aspirants can find the details on Right to Life (Article 21) , in the linked article.

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begar , and other forms of forced labour. It also implies the prohibition of employment of children in factories, etc. The Constitution prohibits the employment of children under 14 years in hazardous conditions.

Read more on the Right against Exploitation in the linked article.

4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is freedom of conscience, profession, practice and propagation of religion. The State has no official religion. Every person has the right to freely practice his or her faith, and establish and maintain religious and charitable institutions.

Read more on the Right to Freedom of Religion  in the linked article.

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.

Read more on Cultural and Educational Rights  in the linked article.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for enforcing fundamental rights.

Read more on the Right to Constitutional Remedies (Article 32) in the linked article.

All civil services exam aspirants must go through the features of the Fundamental Rights discussed further below in this article.

Features of Fundamental Rights

• Fundamental rights are different from ordinary legal rights in the manner in which they are enforced. If a legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower courts. He or she should first approach the lower courts.
• Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens and foreigners).
• Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are subject to the conditions of state security, public morality and decency and friendly relations with foreign countries.
• They are justiciable, implying they are enforceable by courts. People can approach the SC directly in case of violation of fundamental rights.
• Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the amendment does not alter the basic structure of the Constitution . 
• The Fundamental Rights of the Indian Constitution can be suspended during a national emergency. But, the rights guaranteed under Articles 20 and 21 cannot be suspended.
• The application of fundamental rights can be restricted in an area that has been placed under martial law or military rule.

Also, in the news:

• Conjugal Rights
• Right to be Forgotten

Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights in the Indian constitution that are available only to citizens (and not to foreigners):

• Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article 15).
• Equality of opportunity in matters of public employment (Article 16).
• Speech and expression
• Association
• Protection of the culture, language and script of minorities (Article 29).
• Right of minorities to establish and administer educational institutions (Article 30).

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the country. They are essential for safeguarding the people’s interests.

According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an express provision for judicial review . The SC and the High Courts can declare any law unconstitutional on the grounds that it is violative of fundamental rights. Article 13 talks about not just laws, but also ordinances, orders, regulations, notifications, etc.

Amendability of Fundamental Rights

• Read about the types of majorities in the Indian Parliament in the linked article. 
• As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental rights.
• The question is whether a constitutional amendment act can be termed law or not.
• In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of the Constitution including fundamental rights.
• But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it said that the fundamental rights cannot be amended.
• In 1973, a landmark judgement ensued in the Kesavananda Bharati case , where the SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”
• This is the basis in Indian law in which the judiciary can strike down any amendment passed by Parliament that is in conflict with the basic structure of the Constitution .
• In 1981, the Supreme Court reiterated the Basic Structure doctrine. 
• It also drew a line of demarcation as April 24th, 1973 i.e., the date of the Kesavananda Bharati judgement, and held that it should not be applied retrospectively to reopen the validity of any amendment to the Constitution which took place prior to that date.

Aspirants can learn more about 25 important SC judgements for UPSC in the linked article.

Doctrine of Severability

This is a doctrine that protects the fundamental rights enshrined in the Constitution .

• It is also known as the Doctrine of Separability.
• It is mentioned in Article 13, according to which all laws that were enforced in India before the commencement of the Constitution, inconsistent with the provisions of fundamental rights shall to the extent of that inconsistency be void.
• This implies that only the parts of the statute that are inconsistent shall be deemed void and not the whole statute. Only those provisions which are inconsistent with fundamental rights shall be void.

Doctrine of Eclipse

• This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is only non-enforceable, i.e., it is not dead but inactive. 
• This implies that whenever a fundamental right (which was violated by the law) is struck down, the law becomes active again (is revived). 
• Another point to note is that the doctrine of eclipse applies only to pre-constitutional laws (laws that were enacted before the Constitution came into force) and not to post-constitutional laws. 
• This means that any post-constitutional law which is violative of a fundamental right is void ab initio.

Aspirants can also get details about the IAS Topper and take inspiration from their preparation strategy and excel in the upcoming UPSC CSE.

Fundamental Rights and Duties Difference

Fundamental Rights are the rights available to the people of this country, while Fundamental Duties are the obligations on the part of the citizens. Fundamental Duties were added to the Indian Constitution by the 42nd Constitution Amendment Act 1976 by the Indira Gandhi Government.

Fundamental rights and duties are two important concepts of the Indian Constitution. While fundamental rights are the entitlements that individuals possess by virtue of being citizens of a particular country, fundamental duties are the responsibilities that citizens have towards their country and fellow citizens. Here are some key differences between the two:

• Nature: Fundamental rights are legal rights that are enshrined in the constitution of a country. These rights are meant to protect the interests of individuals and provide them with a sense of security and equality. On the other hand, fundamental duties are moral and ethical obligations expected of citizens towards their country and fellow citizens.
• Enforcement: Fundamental rights are enforceable through the courts of law. If an individual’s fundamental rights are violated, they can seek legal recourse and the courts can provide appropriate remedies. However, fundamental duties are not enforceable in the same way. While citizens are expected to fulfil their fundamental duties, there are no legal sanctions if they fail to do so.
• Goal: The focus of fundamental rights is on protecting the interests of individuals and ensuring their well-being. Fundamental duties, on the other hand, are focused on promoting the collective good and ensuring that citizens contribute to the welfare of their country.

It is very important to understand the differences between fundamental rights and duties for the IAS exam.

Check => Difference between fundamental rights and fundamental duties

Knowing how many fundamental rights are there in the Indian Constitution is a must for an IAS aspirant. The list of fundamental rights given above will be helpful for the candidates in their UPSC preparation . Also, aspirants should know the difference between human rights and fundamental rights. The basic difference between human rights and fundamental rights is the scope of acceptance. While fundamental rights have scope within a country, human rights are accepted worldwide.

Fundamental Rights is a GS 2 topic. To practise UPSC Mains GS 2 Answer Writing , check the linked article now!

This constitutes an integral part of the  UPSC Syllabus  for the Polity section and candidates must carefully analyse the same as questions based on the same can be asked in the prelims as well as the mains examination.

Kickstart your  UPSC 2024 preparation today!

Aspirants can read other Polity articles similar to fundamental rights, linked in the table below:

UPSC Questions Related to Fundamental Rights

What are the 7 fundamental rights, what are the 11 fundamental duties.

There are 11 fundamental duties. They are described in the article linked below: For more details on Fundamental Duties , visit the linked article.

What is Article 51A?

Which is the most important fundamental right, when was doctrine of eclipse introduced.

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Evolution of Human Rights in India, Types, Characteristics, Importance

Evolution of human rights can be traced back to ancient civilizations and it is an ongoing process. Know all about Evolution of Human Rights in India, its Types, Characteristics and Importance here.

Table of Contents

Evolution of Human Rights

Throughout history, the idea of human rights has been an evolving force, gradually taking shape and gaining momentum to become a cornerstone of modern societies. From ancient civilizations to the Enlightenment era’s profound philosophies, the journey of human rights has been marked by milestones that have shaped the way we view individual liberties, dignity, and equality. Read this article to learn about the Development of Human Rights in detail.

Human rights encompass a wide range of principles and freedoms that aim to ensure individuals can live with dignity, security, and the ability to make choices about their lives. They are derived from the understanding that every person is born free and equal in dignity and rights and possesses reason and conscience, which should guide their interactions with others in a spirit of brotherhood. Human rights are not limited to a specific group or country but are universal and apply to all people worldwide. They are the foundation for a just and fair society and serve as a safeguard against discrimination, oppression, and abuse.

Categories of Human Rights

Human rights can be categorized into different types:

• Civil and Political Rights : These include the right to life, freedom of speech, freedom of religion, and the right to a fair trial. They protect individuals from government interference in their personal and political affairs.
• Economic, Social, and Cultural Rights : These encompass rights related to basic needs such as the right to education, the right to work, the right to health, and the right to a standard of living that ensures well-being.
• Collective or Group Rights : Some rights are specific to particular groups, such as the right to self-determination for indigenous peoples or the right to participate in cultural, religious, or linguistic communities.

Human rights are enshrined in various international documents, with the Universal Declaration of Human Rights adopted by the United Nations in 1948 being a cornerstone. These rights are protected by both international and domestic laws and are monitored and enforced by governments, international organizations, and human rights advocates to ensure that individuals are treated with respect and dignity.

Importance of Human Rights

Human rights matter for several crucial reasons:

Basic Needs and Dignity

Human rights are crucial because they make sure that every person can have basic things like food, clean water, a place to live, clothes, and medicine. These rights protect a person’s dignity, ensuring they are treated with respect.

Protection for Vulnerable Groups

Human rights also help safeguard vulnerable groups in society. They were created after the terrible events of World War II , like the Holocaust, where not only Jewish people but also those with disabilities and the LGBT Community were targeted. Human rights organizations focus on protecting those who are most likely to be mistreated or discriminated against.

Standing Up Against Corruption

These rights give people the power to speak out when they see abuse or corruption happening. This is important because no society is perfect, and human rights tell people that they deserve to be treated with dignity by society, whether it’s the government or their workplace. When this dignity is denied, people can use their human rights to stand up for themselves.

Freedom of Speech

Another essential aspect is the freedom to express our thoughts without being afraid of getting in trouble. It’s not just about speaking out but also about allowing people to have different ideas and opinions without fearing punishment. This freedom protects individuals who want to discuss or argue about various ideas within society.

Religious and Spiritual Freedom

Human rights recognize how important a person’s religion or spiritual beliefs are. They ensure that people can practice their religion peacefully. At the same time, they also give the freedom to choose not to follow any religion if that’s what someone believes.

Freedom to Love

The right to choose who to love is extremely important. It means that people can decide their romantic relationships without being forced into something they don’t want. In countries where these rights are not protected, people, especially from the LGBT community, may face oppression and abuse.

Equal Work Opportunities

Human rights make sure that everyone has a fair chance to work and make a living. They prevent unfair treatment or discrimination in the workplace, promoting equality among all workers.

Access to Education

Education is a crucial part of life, and human rights ensure that everyone, not just a select few, has access to schooling, books, and other learning materials. This helps break the cycle of poverty and creates a fairer society.

Environmental Protection

Human rights are also connected to protecting the environment. Clean air, water, and soil are considered essential rights because they directly affect people’s well-being. If these rights are not respected, it can harm human lives.

Three Generations of Human Rights

First-generation human rights (blue rights).

These are like the foundation of human rights. They include things like the right to say what you think (freedom of expression), the right to vote, and the right to a fair trial. Imagine them as the “blue” rights, the fundamental ones that set the stage for other rights.

Second-Generation Human Rights (Red Rights)

These are about the things that make life better for people. Think of having a good education, access to healthcare when you’re sick, and the opportunity to work and earn a living. These are like the “red” rights, which add color to people’s lives and well-being.

Third-Generation Human Rights (Green Rights)

These are like the rights that protect not just individuals, but everyone together and our planet. They include the right to a clean environment, the right to development for all, and the right to live in peace. These are often called “green” rights because they’re about preserving our world for future generations.

Types of Human Rights

Human rights are of different types and can be categorized into the following categories. These categories of human rights are not mutually exclusive, and many rights overlap. Human rights are interdependent and indivisible, meaning that the enjoyment of one right often depends on the fulfilment of other rights. Additionally, the concept of human rights is dynamic, and new rights may emerge as society’s understanding of human dignity and justice evolves over time.

• Legal Rights : Legal rights are those rights that are recognized and protected by law. They are enforceable through the legal system. For example, the right to a fair trial and the right to property are legal rights.
• Moral Rights : Moral rights are based on principles of fairness and justice and may not always be legally enforceable. These rights are rooted in ethical and moral beliefs about what is right and wrong. For example, the right to be treated with dignity and respect is a moral right.
• Civil Rights : Civil rights are the fundamental rights and freedoms that protect individuals from government interference in their personal and political affairs. They include the right to life, freedom of speech, freedom of religion, and the right to a fair trial.
• Political Rights : Political rights pertain to the ability of individuals to participate in the political processes of their country. These rights include the right to vote, the right to run for public office, and the right to freedom of political association.
• Social Rights : Social rights are related to the well-being and social security of individuals. They encompass rights such as the right to education, the right to work, and the right to health care. Social rights aim to ensure that individuals have access to essential social services.
• Economic Rights : Economic rights are rights that relate to economic well-being and financial security. They include the right to work, the right to fair wages, and the right to own property. Economic rights aim to protect individuals from economic exploitation.
• Cultural Rights : Cultural rights are rights that protect an individual’s cultural identity and heritage. They include the right to participate in cultural, religious, or linguistic communities and the right to preserve one’s cultural heritage.
• Group Rights : Group rights, also known as collective rights, pertain to the rights of specific groups of people, such as indigenous peoples, minorities, or communities. These rights may include the right to self-determination, the right to cultural autonomy, and the right to participate in decision-making that affects the group.
• Solidarity Rights : Solidarity rights focus on the collective well-being of society as a whole. These rights include the right to development, the right to peace, the right to a clean environment, and the right to one’s own natural resources . Solidarity rights emphasize the interconnectedness of all members of society.

Development of Human Rights

The concept of “rights” and “duties” has ancient roots, dating back to the emergence of human societies and the formation of states. As humans are inherently social beings, the issue of rights and their associated duties naturally arose in the context of individuals’ interactions within a society and their relationship with the governing authority. Over time, norms of social behaviour developed, eventually crystallizing into what we now recognize as human rights.

These early notions of rights can be traced back to various historical and cultural contexts, such as ancient Greek and Roman political systems in Europe, the Confucian system in China, the Islamic political system in the Muslim world, and the “Panchayat” system in India. However, it’s important to note that the concept of rights in these systems was not fully developed in the way we understand it today.

Significant Historical Events and Revolutions

Several significant historical events and revolutions played pivotal roles in the development of human rights:

• British Constitutional Documents : The Magna Carta (1215), the Petition of Rights (1628), and the Bill of Rights (1689) in England were early charters that placed restrictions on the powers of the monarchy, paving the way for the rule of law.
• American Declaration of Independence : The American Declaration of Independence in 1776 introduced ideas of human rights, stating that “all men are created equal” and have “unalienable rights” to life, liberty, and the pursuit of happiness.
• French Declaration of the Rights of Man and Citizen: The French Declaration of the Rights of Man and Citizen in 1789 recognized numerous rights, including equality, freedom of thought, religion, and property rights.
• Bolshevik Revolution : The Bolshevik Revolution of 1917 introduced socio-economic dimensions to human rights, emphasizing positive rights related to economic and social well-being, in addition to civil and political rights.
• League of Nations : The League of Nations was established after World War I and was mandated to supervise the enforcement of minorities’ rights treaties, addressing issues related to the protection of minority populations.
• International Labor Organization (ILO) : Founded in 1919 and later becoming a specialized agency of the United Nations, the ILO established international labour standards related to workers’ rights, fair employment practices, and social security.
• Abolition of Slavery : International treaties emerged in the 19th century aimed at the abolition of slavery, condemning the practice and promoting freedom.
• Humanitarian Intervention (HI ): The doctrine of humanitarian intervention emerged, recognizing the lawful use of force by states to prevent the mistreatment of a nation’s own citizens, especially in cases of severe brutality.
• International Humanitarian Law (IHL) : International humanitarian law, with treaties dating back to the 19th century, regulates the conduct of armed conflict, protecting the rights of wounded soldiers, prisoners of war, and civilian populations.

The United Nations, established in 1945, played a pivotal role in the evolution of human rights. The UN Charter emphasized the importance of human rights, and the Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly on December 10, 1948, marked a significant milestone. The UDHR outlined a comprehensive set of human rights, encompassing both civil and political rights and economic, social, and cultural rights.

Since then, the UN has continued to develop international conventions, treaties, and declarations on human rights, addressing a wide range of issues and promoting the universality of human rights. These efforts have contributed to the ongoing evolution of human rights norms and standards on a global scale.

Characteristics of Human Rights

Human rights possess several key characteristics that distinguish them from other forms of rights or privileges. These characteristics help define the nature and significance of human rights:

• Universal and Inherent : Human rights are like moral guidelines that apply to everyone just because they are human beings. You don’t have to earn them, buy them, or inherit them; they are automatically yours simply by being a human. They are tied to the idea of human dignity, meaning that every person deserves to be treated with respect and fairness.
• Non-Discrimination : These rights are for every person, regardless of their race, colour, sex, language, religion, political beliefs, national or social background, property, or any other status. In other words, human rights are for all and should not discriminate against anyone.
• Culturally Neutral : Human rights don’t favour one culture, ideology, or part of the world over another. They are designed to be fair and applicable everywhere, whether you’re in the East or West, North or South, developed or developing country, and regardless of your religious or cultural background.
• Comprehensive : Human rights cover a wide range of areas in life. They include things like the right to free speech and the right to live without discrimination, as well as economic rights like the right to work and social rights like the right to education. These rights are continually evolving and expanding as societies change and develop.
• Indivisible and Interrelated : Human rights aren’t separate from each other. They are all connected and equally important. You can’t have one without the others. For example, the right to education is linked to the right to work, as having a job allows you to access education. No right is more important than another; they all work together.
• Limitations : While human rights are essential, they are not absolute. In some situations, like during a war or a public emergency, some rights might be limited or restricted to protect things like national security, public order, or public health. However, these limitations must be reasonable and justifiable and should not violate the rights and freedoms of others.

Development of Human Rights in India

The evolution of human rights in India can be traced back to ancient times, but it was not until the British colonial era that the concept of human rights began to take on its modern form. The British introduced several laws and regulations that were designed to protect the rights of their subjects, including the Indian Penal Code (1860) and the Criminal Procedure Code (1898). However, these laws were often discriminatory and did not apply to all Indians equally.

During the Indian independence movement, human rights became a central issue. The leaders of the movement, such as Mahatma Gandhi and Jawaharlal Nehru, argued that human rights were essential for a free and democratic India.

After independence in 1947, the Indian government adopted the Constitution of India , which enshrined many fundamental rights for all citizens. These rights included the right to life, liberty, and equality; the right to freedom of speech and expression; and the right to freedom of religion.

Since independence, India has made significant progress in promoting and protecting human rights. However, there are still many challenges that need to be addressed. Human rights abuses continue to be committed in many parts of the country, and many people are still denied their basic human rights.

Here are some of the key milestones in the development of human rights in India:

• 1860:  The Indian Penal Code is enacted, which codifies the criminal laws of India.
• 1898:  The Criminal Procedure Code is enacted, which lays down the procedures for the investigation and trial of crimes.
• 1919: The Government of India Act was passed, which introduced some limited reforms to the colonial system of government.
• 1935:  The Government of India Act is passed, which grants a greater degree of autonomy to the provinces and introduces a system of responsible government.
• 1947:  India gains independence from the British Empire.
• 1950:  The Constitution of India is adopted, which enshrines a number of fundamental rights for all citizens.
• 1993: The Protection of Human Rights Act is enacted, which establishes a National Human Rights Commission to investigate and inquire into allegations of human rights violations.

The evolution of human rights in India is an ongoing process. As society changes and develops, new human rights challenges emerge. It is important to continue to fight for the promotion and protection of human rights for all people.

Evolution of Human Rights UPSC

The topic of the “Evolution of Human Rights” holds significant importance for the UPSC (Union Public Service Commission) examination, as it aligns with several key aspects of the UPSC syllabus . It is covered under topics related to History, International Relations, and Contemporary Issues, which are integral components of the UPSC syllabus. Moreover, UPSC aspirants can learn this concept via UPSC online coaching platform and attempt UPSC mock tests to enhance their knowledge and preparation. A thorough grasp of this subject equips candidates with the knowledge and analytical skills necessary to excel in both the UPSC prelims and main examinations, enabling them to address questions related to human rights, international treaties, and global developments effectively.

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Evolution of Human Rights FAQs

What do you mean by human rights and explain the evolution of human rights.

Human rights are fundamental rights and freedoms that inherently belong to all individuals, irrespective of their nationality, ethnicity, or background, ensuring their dignity and protection from discrimination and harm.

How human rights evolved in India?

The evolution of human rights traces back to ancient civilizations, with significant developments occurring during the Enlightenment era in the 17th and 18th centuries.

When did human rights evolve?

In India, the evolution of human rights can be traced to ancient texts like the Arthashastra, but modern human rights began to take shape with the Indian Constitution in 1950.

What is the history of origin of human rights?

The concept of human rights evolved over centuries, with key milestones including the Magna Carta (1215), Enlightenment philosophies, and international efforts post-World War II.

Who is the father of human rights?

The concept of human rights does not have a single "father," but Enlightenment thinkers like John Locke and philosophers like Jean-Jacques Rousseau greatly contributed to its development.

Who started human rights in India?

Dr. B.R. Ambedkar played a significant role in shaping human rights in India through his involvement in drafting the Indian Constitution, which enshrines fundamental rights and freedoms.

I, Sakshi Gupta, am a content writer to empower students aiming for UPSC, PSC, and other competitive exams. My objective is to provide clear, concise, and informative content that caters to your exam preparation needs. I strive to make my content not only informative but also engaging, keeping you motivated throughout your journey!

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On Rights and Duties – Two Essays

Feb 03, 2022 15:07 IST

The statue of India’s first Prime Minister, Jawaharlal Nehru, in Visakhapatnam. File photo: K.R. Deepak/The Hindu

Views of leaders occupy prominent positions in the popular narrative in any society: they set a tone for political and social discourse and play a role in shaping—or reshaping—popular thinking. Their publicly expressed positions also provide some grist for both conversation pieces and serious debate. As the elected leader of the world’s most populous democracy, the Prime Minister of India’s opinion has the potential to steer the national mindset. One such view is on the issue of rights and duties in which duties are given centre-space and rights are pushed to the periphery. This view has also found expression from others holding positions of constitutional responsibility. Two social scientists, S. Subramanian and Kalpana Kannabiran , individually explore the context in which this mainstreaming of duties is taking place and raise notes of caution on its perils to the founding visions of free India.

On Rights and Duties

S. Subramanian

In this Essay, S. Subramanian, Economist and author of Futilitarianism , elucidates the importance of nurturing rights – natural and constitutional.  Drawing from political philosophers, he argues the case for inalienable rights, brings out their centrality in modern societies, and delineates the differences between ‘positive’ and ‘negative’ freedoms and their contributions to the formation of modern liberal democracies. In the Indian context, he reminds the reader of the transformative role played by rights-based legislation in the economic and social spheres of everyday lives, and concludes with a cautionary note on a Faustian trap to the polity if this cornerstone of contemporary societies is chipped away from public consciousness.

Silence and speech are part of the universal human condition. But silence and speech acquire a particular salience when they emanate from those in positions of power (and, presumably, responsibility). In recent times, the Prime Minister of India has maintained silence (or at least is not reported to have made any public declaration) on what many have interpreted as an open call for genocide at a ‘Dharam Sansad’ held in Haridwar over December 17-20, 2021. What the Prime Minister has said is carried by The Hindu (among other publications). In a report, ‘Focus on rights made India weak, says PM’ (January 20, 2022), we have:

Mr. Modi was addressing the launch of the Brahma Kumaris' year-long programme of events as part of the government’s celebration of 75 years of Independence, Azadi ka Amrit Mahotsav...

"in the last 75 years, we only kept talking about rights, fighting for rights and wasting time. the talk of rights, to some extent, for some time, may be right in a particular circumstance, but forgetting one’s duties completely has played a huge role in keeping india weak," mr. modi said. [1].

Not that the Prime Minister’s dim view of rights does not have distinguished precedence. Jeremy Bentham, the renowned 18 th /19 th century English philosopher and jurist had this to say about the notion of natural (or human) rights in his Anarchical Fallacies (1796): “Natural rights is simple nonsense: natural and imprescriptible rights, rhetorical nonsense, – nonsense upon stilts.” Bentham had no use for non-legal rights, rights that are not written into a nation’s law books. This seems to miss the simple point that what humans write into their law books is up to them. If they believe that human beings are endowed with natural rights at birth, as did Locke and Hobbes before Bentham, and Thomas Paine at the time of Bentham, then such a view of rights can be fought for as entitlements worthy of being guaranteed in their books of statute, and will find their way into them.

Paine’s Rights of Man , published in 1791, is a passionate plea for such a view of the world. Earlier, in 1789, the National Constituent Assembly of France had passed the Declaration of the Rights of Man and of the Citizen . By December of 1791, most of the U.S. States had ratified the Bill of Rights . In December of 1948, the General Assembly of the United Nations adopted, through a Resolution, the Universal Declaration of Human Rights , which begins with this extraordinary preamble:

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, …,

Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and  the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, …, whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge, now, therefore, the general assembly, proclaims this universal declaration of human rights as a common standard of achievement for all peoples and all nations,….

The International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights , together hailed as an International Bill of Human Rights , were adopted by Resolutions of the UN General Assembly in 1966, and came into force in 1976.

The Constitution of India guarantees to its citizens six fundamental rights: the right of equality; the right of freedom (of speech and expression, of assembly, of association, of movement, of residence, and of profession); the right against exploitation; the right of freedom of religion; cultural and educational rights; and the right to constitutional remedies. These fundamental rights are, for the most part, rights to ‘negative freedom’—more commonly understood as ‘liberty’—which are designed to ensure that citizens are not subjected to arbitrary restraints in the pursuit of matters that may be properly regarded as residing in their respective 'personal protected spheres', to borrow the language of John Stuart Mill.

Other rights, such as the right to employment—or more specifically the 'right to work' and the 'right to public assistance in cases of unemployment'—are in the nature of rights to ‘positive freedom’, and are concerned not just with ensuring non-interference in the pursuit of liberty but with actual enablement in the pursuit of what Amartya Sen has called valued human functionings.

While the right to work is provided for in the Constitution’s Directive Principles of State Policy, and is not in the list of Fundamental Rights, there are other rights to positive freedom, such as the Right to Education (Article 21-A), providing for free and compulsory education of all children from the ages of six to fourteen, which figure in the list of Fundamental Rights. The National Food Security Act (NFSA 2013)—commonly hailed as securing for India’s citizens the ‘Right to Food’—is another example of a right to positive freedom. In this case, the concern is with the ability of people to be adequately nourished. The NFSA provides for citizens’ entitlement to food security under such government programmes as the Midday Meals Scheme, the Integrated Child Development Services and the Public Distribution System.

This is an achievement that would qualify for the profoundest admiration as the product of a jurisprudential architecture of the greatest moral and political splendour.

Briefly, the Constitution of India has provided, under the categories of both Fundamental Rights and Directive Principles, for the entitlement of the country’s citizens to rights as they relate to aspects of both negative and positive freedoms.  For many, this is an achievement that would qualify for the profoundest admiration, as constituting the product of a jurisprudential architecture of the greatest moral and political splendour, and one that is a moving testimony to effort, perseverance, commitment, principle, and wisdom.

And now we are told that this marvellous and bitterly-fought for achievement is, to one who happens to be the elected leader of this country, a waste of time that has weakened the nation.

To stretch the demands of fairness and patient enquiry to their uttermost limits: might there, after all, be some philosophical basis to such a perspective? Under duress, one might be led, in this context, to the commonly held (even if contentious) principle that 'rights imply duties'. More elaborately, the view is that for a right to be entertained as a practically meaningful claim, it must have a correlative duty attached to it, in the sense that it should be possible to assign a duty to some identifiable agency—the state, society, some institution, or some (collection of) individual(s)—which has an obligation to deliver the right in question. This could be seen as one version of the argument which holds that 'ought implies can.' That is, for a right to be entertained as a right, it must be realizable: it must not fall foul of binding resource constraints.

A major difficulty with such a proposition is, precisely, that it is often very difficult, on the ground, to tell when a constraint is indeed a genuinely binding feasibility constraint. A classic example is available in the phenomenon of famine. Amartya Sen’s major work on famine suggests that starvation is often not so much a matter of there not being enough food to go around, as of some people not having access to it. The problem may not be one so much of overall food decline as of entitlement failure caused by human intervention through hoarding and the like. In a general way, the refusal to recognize certain categories of human rights as legal rights might just be an unprincipled state’s refusal to undertake the effort of loosening the tightness of perceived constraints on feasibility. This would be the convenient way out for a lazy and uncaring state to avoid the messy complication of possible litigation over a justiciable right in a court of law.

In extinguishing rights one is also extinguishing the correlative duties that are required for the realisation of these rights.

The 'rights imply duties' argument is, at best (i.e. worst), a case for extinguishing rights. But in extinguishing rights one is also extinguishing the correlative duties that are required for the realisation of these rights!

Whence, then, the emphasis on the primacy of duties?! Perhaps (in the interests of intellectual charity) what is intended is the progressive principle that even though rights may imply correlative duties, duties do not necessarily imply correlative rights. This principle is often invoked in the cause of discussions relating to whether citizens of rich countries have an obligation to assist the distant needy in poor countries. In response to the proposition that the deprived populations of poor countries have no rights-based claim on the resources of rich countries, it has been pointed out that certain obligations do not require correlative rights to trigger them.

Thus, the philosopher Peter Singer has held that the rich in affluent countries have a positive duty to help the poor in deprived countries, simply because the sacrifice involved would be so small, and to refuse to undertake such sacrifice would be a monstrous moral failure. Another philosopher, Thomas Pogge, would underline the negative duty of not imposing harm on others; and to the extent that many affluent countries have inflicted harm upon, and contributed to the impoverishment of, other countries, through practices such as colonialism and unfair trade regimes, there is a case for assistance-as-reparation.

On reflection, the ‘duties do not imply correlative rights’ construction as a possible interpretation of the Prime Minister’s sentiments is less than convincing. For in the former view, the existence or otherwise of a prior rights claim is, simply, not seen as being relevant to the moral salience of duties: the proposition does not, and is not intended to, rubbish rights or to hold them to be a waste of time.

The less forbearing explanation is to be found in the simple notion that ‘rights’ are essentially entitlements to privilege for a small elite group of people.

Perhaps, in the end, one seeks too much subtlety in the mazes of moral and political philosophy to understand what it might mean to hold rights in low esteem and duties in high esteem. The less forbearing and vastly more plausible explanation than the ones earlier sought is to be found in the simple notion that ‘rights’ are essentially entitlements to privilege for a small elite group of people: entitlements which dwindle their way down to non-existence as one works one’s way through a stratified hierarchy of humans sorted out by religion, caste, gender and economic status, even as the burden of duties works in the opposite direction. What better template for such a view of the world than the edicts on Dharma contained in Manusmriti ?

For consider the drift of things as the drift is presently discernible. The wealth-tax  was abolished in the budget of 2016-17 and  corporate tax was reduced in 2019: the only right that matters, it seems, is the inalienable right of the very rich not to be parted from their wealth; recent legislation on child labour, forest rights, land acquisition, labour ‘reform’, and agriculture is compatible with little or no respect for the social and economic rights of the asset-constrained and labouring poor; legislation on citizenship and conversion displays similar disdain for the cultural and religious rights of minorities; the prosecution of cases under draconian laws such as UAPA is a manifestation of the contempt in which the right to freedom of thought and expression is held; the list threatens to run on and on.

Meanwhile, in the wake of what has been an economic disaster wrought by the COVID-19 pandemic for most citizens of the country, the IIFL Wealth Hurun India Rich List 2020  informs us that the wealth of those with a net worth exceeding ₹1,000 crore grew at a rate of 20 per cent over the previous year’s stock (there were 827 such entities in 2020). What weakens the nation, one is invited to believe, is any suggestion that rights may be seen to be grossly violated when MNREGA workers are not paid their wages; when frontline health workers fighting COVID-19 do not have adequate personal protective equipment; when victims of the pandemic do not have access to oxygen cylinders or hospital beds or ventilators; when voters at the time of election complain about unemployment and inflation and arbitrary arrests, detentions and encounter killings.

You have a right to do your duty, but you are not entitled to its fruit. Does this sound familiar?

It cannot be a matter of comfort that this immutable ‘civilizational’ template of rights and duties has had its votaries in the not too distant past, in parts of the world far removed from India. This is reflected in the histories, of less than a hundred years ago, of Spain, Italy and Germany. Thomas Mann’s concluding lines in his 1947 novel Doctor Faustus , written in the immediate aftermath of the German cataclysm, should grip the heart of any sentient Indian at the present juncture: 

Today, clung round by demons, a hand over one eye, with the other staring into horrors, down she [Germany] flings from despair to despair. When will she reach the bottom of the abyss? When, out of uttermost hopelessness —  a miracle beyond the power of belief — will the light of hope dawn? A lonely man folds his hands and speaks: 'God be merciful to thy poor soul, my friend, my Fatherland! '

1. The Hindu . 2022 . Focus on rights made India weak, says PM , January 20. [https://www.thehindu.com/news/national/system-being-created-where-there-is-no-place-for-any-discrimination-pm-modi/article38296828.ece].

Also by the Author

1. Pandemic-induced Poverty in India after the First Wave of COVID-19: An Elaboration of Two Earlier Estimates, Aug. 19, 2021.

2. Letting the Data Speak: Consumption Spending, Rural Distress, Urban Slow-Down, and Overall Stagnation, Dec. 11, 2019.

[ S. Subramanian is a former Indian Council of Social Science Research (ICSSR) National Fellow and a former professor, Madras Institute of Development Studies. He is an elected Fellow of the Human Development and Capability Association (HDCA), and was a member of the Advisory Board of the World Bank's Commission on Global Poverty over 2015-16. He can be contacted at [email protected] ].

A Citizen’s Duty: To Speak Truth to Power, No Less

Kalpana Kannabiran

In the second Essay, Kalpana Kannabiran, Legal Scholar, Sociologist and author of  Law, Justice and Human Rights in India: Short Reflections ,   brings out the manner in which the popular narrative is shaped towards emphasising duties over rights whenever regimes aim to suppress the latter. Drawing from the familiar past of India’s Internal Emergency in 1975, she points out the dangers that lie for the ruled and the rulers if a state aims to enforce duties on its citizens, while abdicating its responsibilities as underscored by the Directive Principles of State Policy. She draws attention to the vibrant importance of the triadic ethical foundations of the Constitution – the Preamble, the Fundamental Rights and the Directive Principles – and strikes notes of caution to the country’s leadership against talking down to its citizens.

Every once in a while, we in India get into a diversionary spin with some banalities that masquerade as knowledge and intellect from high places of power and authority. Then, we set aside everything else we are preoccupied with to chase such trite remarks with the wealth of accumulated knowledge and scholarship. We are required do so as these seeming trivialities actually strike at the core of the Constitution.

Consider, for instance, the present. We are living through a pandemic of our lifetime: a raging, mutating COVID-19 with infections scarring families, neighbourhoods, communities, and workplaces; a multiplicity of survival crises, with cutbacks on livelihoods/employment and gig economies becoming proxy for ‘economic wellbeing’;  imperilled futures with children forced into online modes which not merely deprives, but actually ousts, the largest cohorts of our young citizens from the fundamental right to education, even while online schooling ‘passes’ for robust ‘universal education’ under Article 21A of the Constitution; other health care needs that scarcely get met, if at all, leaving us scrambling and desperate with a public health system in a shambles and care workers teetering over the edge of precarity.

Exacerbating these is the scourge of absentee governments who give to themselves the gift of impunity on every single count and ask citizens for the ‘return gift’ (that peculiar Indian practice) of dutifully serving ‘the nation’ rather  than pose questions about how exactly, in what measure, governments are fulfilling their obligations under the Constitution.

The 'gift' that Indians  are urged to believe today in so many different ways is the mere fact that the mighty and powerful deign to grace political office! We now have an impressive line-up of heralders of duties — an occupant of the highest judicial office (the then Hon’ble Chief Justice of India, no less, on February 23, 2020), 1 the occupant of the highest political office (the Hon’ble Prime Minister, no less, on January 21, 2022) 2 and the occupant of the highest constitutional office (the Hon’ble President, no less, on January 26, 2022) 3 , in that order.

The context in which we are now instructed to perform duties over claiming rights is important, and must never be forgotten.

The context in which we are now instructed to perform duties over claiming rights is important, and must never be forgotten.  A backdrop of riots and state impunity. Neglect during the pandemic and the travesty of pandemic management during the first and second waves brilliantly described by Gujarati poet Parul Khakkar in her poem ‘ Shav Vahini Ganga ’, which earned her the title of ‘literary naxal’ 4 .  The refusal of accountability in the matter of funds collected ostensibly for pandemic care by the national government 5 .  Callous governmental disregard for workers and their families who were flung on the streets during a cruel lockdown resulting in painful deaths and suffering. The criminalising and incarceration of peaceful protestors across the country — anti CAA protestors, Kashmiris protesting the abrogation of Article 370, and protesting farmers. The calls for genocide in the Dharam Sansad in Haridwar 6 (but also earlier by elected leaders in the prelude to the violence in Northeast Delhi in 2020). The gunning down of miners in Nagaland by the Army, 7 and many, many more.

What stares us in the face is the deafening silence of power in these instances and the utter disregard by the regime of its constitutional duties and obligations. Of particular concern is the impunity of the holders of political office and the untrammelled state surveillance on the people of this country. 8

That an untamed pandemic and an already enfeebled polity provide the backdrop against which India’s citizens find the need to assert their rights in the year that marks the 75 year of independence is even more tragic. But if we need to say it again, we must — and repeat it as often as it is necessary in order to be ‘heard’.

Several eminent scholars have written in response about the ways in which the conflation of rights and duties reflects a flawed understanding of the constitution — the conflation is best described by Nissim Mannathukkaren’s phrase, ‘The barbarity of false equivalence’, written in another but related context. 9

Why states emphasise Duties over Rights

Article 51A - Fundamental Duties was introduced through the 42 Constitutional Amendment Act in 1976, at the peak of Emergency by then Prime Minister Indira Gandhi. The other piece of this Amendment was the introduction of the word 'Socialism' in the Preamble. It is pertinent to recall the older histories of socialism in India, 10 and the fact that at the very moment this word was introduced in the Constitution, socialists across the country were either in jail or evading arrest by going underground, a notable example being George Fernandes.

In Andhra Pradesh we had revolutionary poet Cherabanda Raju, jailed during the Emergency and suspended from employment, singing ' Indiramma nee socialism saalu saalu ' in the Andhra Pradesh High Court in defence of free speech and political dissent [Indiramma, enough of your socialism]. Although unarguably, it is now an integral part of the Constitution, the moment of its inclusion is significant as also the political disjuncture between the word placed in the preamble and the political tradition of socialism in India.

There are two parts to a cursory look at Article 51A. First, civil liberties advocate K.G. Kannabiran (1929-2010), who tirelessly challenged the Emergency in courts from the day after it was proclaimed in 1975 till after it was lifted in 1977, has argued that

'if on the one hand you introduce Fundamental Duties, and on the other hand you introduce Socialism into the constitution, this adds up to National Socialism, i.e. Nazism, a slogan that Hitler used to seize power.' 11

He saw the introduction of these words as ominous — and deeply connected to the fact that this concern for duties came at a time when rights had shrunk rapidly and state violence and repression were at a peak as never before, authorised by law. The President at that time, Fakhruddin Ali Ahmed, acquiesced and signed the order. The then Chief Justice of India A.N. Ray and the majority of judges in the Supreme Court of India acquiesced as well and had no hesitation in ruling that fundamental rights may be lawfully suspended during Emergency with one, lone dissenting judge, Justice H.R. Khanna. 12   The Congress was voted out of power the following year, i.e., 1977.

The recitation of fundamental duties over fundamental rights is a sign of the rumbling of the earth on which the regime of the moment stands.

The recitation of fundamental duties over fundamental rights, we may remind ourselves as citizens of this country, is a sign of the rumbling of the earth on which the regime of the moment stands. Is this the prelude to our 1977 moment? I say this in full acknowledgement of Jawed Naqvi’s insistence that 'Our autocratic state will not be reined in by NGOs, or Facebook or Twitter', and that nothing short of a second freedom struggle will get us out of this situation. 13

Second, while holding the Nehru-Gandhi regimes responsible for ‘weakening’ the nation over seven decades and making a no-holds-barred effort on a war footing to blot out every possible remnant of that regime from the national memory, it is ironic that Article 51A, which is Indira Gandhi’s Emergency insignia, should be worn so glowingly by Prime Minister Modi. Clearly, we are today at a moment comparable to 1975, but even more telling is the fact that the bitter foe rhetorically turns ally in the nuts and bolts of authoritarian rule that passes for ‘good governance.’

Why Rights matter for Duties

Now a close look at Fundamental Duties. It is pertinent to point out that the discussion of fundamental rights comes up when there is a violation of those rights. Implicit in the enjoyment of rights is the duty to ensure the enjoyment of rights by others on equal terms. This need not be stated as a duty, nor does Article 51A state it. Notwithstanding the past political moment within which Article 51A came into being and the present one when it is being reasserted, the content of the Article bears recall.

Eleven fundamental duties are enumerated: (a) to abide by the Constitution ;  (b) to cherish the ideals of the freedom struggle; (c) to protect the sovereignty, unity and integrity of India; (d) to defend the country and render national service when called upon to do so; (e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women ; (f) to value and preserve the rich heritage of our composite culture ; (g) to protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures; (h) to develop the scientific temper , humanism and the spirit of inquiry and reform ; (i) to safeguard public property and to abjure violence ; (j) to strive towards excellence; (k) parental duty to provide opportunities for education to children between the age of six and fourteen years.

The right to peaceful protest is an inheritance of the freedom struggle; speaking truth to power is a national inheritance and necessary to "cherish the ideals of the freedom struggle".

How would one fulfil Duty (a), without ensuring that fundamental rights in Part III are not violated by state and non-state actors alike? The right to peaceful protest is an inheritance of the freedom struggle — whether Gandhi’s civil disobedience or Ambedkar’s sharp ethical critique of power and dominance — speaking truth to power is a national inheritance and necessary to fulfil Duty (b). Impunity to armed forces, and the guarantee of non-prosecution to riotous mobs and politicians taking easy resort to genocidal speech (or even those that look the other way instead of confronting such violence and speech) violates Duty (c) and throws the unity and integrity of the country in peril.  National service — Duty (d) — shall not be interpreted as service of the government in power. It shall be interpreted as the public good, even if such service in effect interrogates arbitrary government — which it must. The Dharam Sansad is a direct violation of Duty (e) and (f) — and we still do not have a clear condemnation and action against those calling for genocide of Muslims by the ruling regime. With reference to Duty (g), we would do well to remember Justice B. Sudershan Reddy’s reminder that

'[t]he concept of public trust actually finds its genesis with respect to the ocean and waters…[and] that the State really is acting only in a fiduciary capacity. The message is simple: the sovereign rights of the nation-states over certain environmental resources are not proprietary, but fiduciary.' 14

Does the government understand this? We have been witness to colossal expenditure from the state exchequer to finance Hindu religious rituals and temple consecrations as part of state practice on a scale hitherto unknown. The invisibilising of religious minorities, their stigmatisation by the a fawning media, and mass assault by lethally armed vigilante are the new normal. The fundamental duty enshrined in Duty (h) has been observed in its breach under the umbrella of state protection.  And finally, the destruction of public property and architectural heritage by the government, visible especially in the national capital, as well as the incessant dog-whistles, genocidal speech and state violence against Muslim minorities have made a mockery of Duty (i).

And so we return to the very beginning. The ‘Triadic Ethical Foundations' of the Constitution are elaborated by Justice B. Sudershan Reddy, importantly in the matter of Reliance Natural Resources vs. Reliance Industries 15 and, therefore, bears recall for more reasons than one at the present time:

'(i) the Preamble that soars in eloquence in its articulation of collective human aspirations as national goals and sets out the raison d'etre for the nation itself;

(ii) the fundamental rights, that provide various necessary freedoms for the individuals and social groups, and places upon the state certain affirmative obligations to eliminate those institutional and socioeconomic conditions limiting such freedoms, so that all can strive towards the achievement of the goals set forth in the preamble; and, (iii) the directive principles of state policy, fundamental to governance and necessary for the achievement of all round socio-economic development so that the goals of the preamble can be secured, and the effective exercise of the fundamental rights by all can be ensured’ (para 97).'.

To reiterate our constitutional commitment, fraternity is the core value, and the elimination of discrimination and Untouchability (not Swachh Bharat Abhiyan, but untouchability and its attendant oppressions ), exploitation, and the insistence on substantive and enduring equality , dignity, and freedoms, our national interest. In speaking of dignity and fundamental freedoms, it is pertinent to contextualise the issue of marital rape currently under review in the Delhi High Court. The Draft Constitution, in its setting out of the Directive Principles of State Policy, originally included an Article 42:

'The State shall endeavour to secure that marriage shall be based only on the mutual consent of both sexes and shall be maintained through mutual cooperation, with the equal rights of husband and wife as a basis. The State shall also recognise that motherhood has a special claim upon its care and protection.' 16 .

Of course, in speaking of the duty of care with respect to 'motherhood', the Drafters were not speaking of Bharat Mata but of the cohort of people of this country who are (or would be) mothers. That this was dropped from the final draft is not material. What is relevant is the existence of this sensibility in the founding moments , which challenges the arguments of the Centre that ‘just because other countries, mostly western, have criminalised marital rape does not necessarily mean India should follow them blindly.’ 17 The national government is advised that the idea of mutual consent in marriage has an older, 'non-western', 'Indian' provenance, so to speak.

In this climate of tiresome monologic instructions on ‘duties’ over rights, it is apt to end with Dr. Ambedkar’s sage warning.

The state and its responsibilities

Alongside state responsibility in exercising due diligence in the elimination of horizontal derogations, and the elimination of state arbitrariness (of which deliberate distortions of constitutional commitments is just one part), the Directive Principles of State Policy are the most easily forgotten by governments once in power. So, in this climate of tiresome monologic instructions on 'duties' over rights, it is apt to end with Dr. Ambedkar's sage warning. Merely because the Directive Principles did not have 'legal force', he said, did not imply that they had no sort of binding force, nor was he prepared to concede that they were "useless" simply because they had no binding force in law’ 18 . To quote Dr. Ambedkar:

'The Draft Constitution as framed only provides a machinery for the government of the country. It is not a contrivance to install any particular party in power…Who should be in power is left to be determined by the people as it must be, if the system is to satisfy the tests of democracy. But whoever captures power will not be free to do what he likes with it. In the exercise of it, he will have to respect these Instruments of Instructions which are called Directive Principles. He cannot ignore them . He may not have to answer for their breach in a Court of Law. But he will certainly have to answer for them before the electorate at election time. What great value these directive principles possess will be realized better when the forces of right contrive to capture power .' (Emphasis added) 19

It is necessary to reinstate the focus on the Triadic Ethical Foundations of the Constitution and demonstrate another way of reading Fundamental Duties. A lesson in the history of the entry of Fundamental Duties is instructive, as also the relevance of the Directive Principles for an understanding of the duties of holders of political office in a democratic republic.   But most important of all are words of caution to ruling dispensations that they should neither talk down to their citizenry nor abandon their duties that constitutionally underline the making of state policies.

[ Kalpana Kannabiran is a legal scholar and sociologist, currently Distinguished Professor, Council for Social Development, India. She has published extensively on the constitution, law and human rights. Her most recent book is Law Justice and Human Rights in India: Short Reflections (Orient BlackSwan 2021). She can be contacted at [email protected] ]

[ All URLs were last accessed on February 2, 2022 ]

1. Hindustan Times . 2020 . Rule of law fundamental feature of Constitution: CJI Bobde , February 23.[https://www.hindustantimes.com/india-news/rule-of-law-fundamental-feature-of-constitution-cji-bobde/story-WoBllxIpqhx4691FKyAAbK.html]. Return To text.

2. Sen, J. and Mukunth, V. 2022 . Narendra Modi Says Focus on Duties and Forget Rights, But He's Let India Down on All 11 Duties , The Wire , January 21. [https://thewire.in/government/narendra-modi-says-focus-on-duties-and-forget-rights-but-hes-let-india-down-on-all-11-duties].  Return to Text.

3. Mathew, L . 2022 . Rights, duties two sides of same coin: President Ram Nath Kovind , The Indian Express , January 26 . [https://indianexpress.com/article/india/rights-duties-two-sides-of-same-coin-president-ram-nath-kovind-republic-day-eve-speech-7741723/].  Return to Text.

4. The Wire . 2021 . 'Pointless Angst' by 'Literary Naxals': Gujarat Sahitya Akademi Hits out at Poem on Ganga Corpses , June 10. [https://thewire.in/books/literary-naxals-ganga-covid19-corpses-gujarat-sahitya-akademi-parul-khakhar-vishnu-pandya].  Return to Text.

5. The Wire . 2021 . Lack of Transparency in PM-CARES Fund 'Disturbing': Ex Civil Servants to Narendra Modi , January 19. [https://thewire.in/government/lack-of-transparency-in-pm-cares-fund-disturbing-ex-civil-servants-to-narendra-modi]. Return to Text.

6. PTI. 2022 . Haridwar Dharma Sansad hate speech case | Jitendra Narayan Tyagi arrested , The Hindu , January 13. [https://www.thehindu.com/news/national/dharma-sansad-hate-speech-case-jitendra-narayan-tyagi-arrested/article38267522.ece ]. Return to Text.

7. The Hindu . 2021 . End the impunity: On Nagaland killing , December 7. [https://www.thehindu.com/opinion/editorial/end-the-impunity-on-nagaland-killing/article37874510.ece]. Return to Text.

8. The Wire . 2022 . Elgar Parishad Accused, Their Lawyers Write to SC's Committee on Pegasus Spyware Targeting , January 10. [https://thewire.in/rights/elgar-parishad-accused-their-lawyers-write-to-scs-committee-on-pegasus-spyware-targeting]. Return to Text.

9. Mannathukkaren, N . 2020 . The Barbarity of False Equivalence , The Wire , March 8. [https://thewire.in/communalism/delhi-riots-communalism-false-equivalence]. Return to Text.

10. See for instance Geetha, V. 2021 . Bhimrao Ramji Ambedkar and the Question of Socialism in India, Palgrave Macmillan. Return to Text.

11. Kannabiran, K. G. 2009 . 24 Gantalu: Atmakadhamaka Samajika Chitram [24 Hours: a personalized social history] (as told to and recorded by N. Venugopal).  Hyderabad: Devulapalli Publications, p. 36.   Return to Text.  

12. ADM Jabalpur vs. Shivkant Shukla 1976 SCR 172. Return to Text.

13. Jawed Naqvi, 2022. Dawn , January 25. Return to Text.

14. Justice B. Sudershan Reddy in Reliance Natural Resources vs. Reliance Industries , 2010) 156 Comp Cas 455 (SC) para 191. Return to Text.

15. Reliance Natural Resources vs. Reliance Industries (2010) 156 Comp Cas 455 (SC ). Return to Text.

16. Shiva Rao, B. 1968.  Framing of India’s Constitution: A Study .  New Delhi:  IIPA, p. 323. Return to Text.

17.  Hindustan Times . 2022 . Shouldn’t blindly follow foreign countries on marital rape: Centre to Delhi HC , January 29. [https://www.hindustantimes.com/india-news/shouldnt-blindly-follow-foreign-countries-on-marital-rape-centre-to-delhi-hc-101643455567504.html].  Return to Text.

18. Shiva Rao, B. 1968.  Framing of India’s Constitution: A Study .  New Delhi:  IIPA, p. 329. Return to Text.

19. Quoted in Shiva Rao, B. 1968.  Framing of India’s Constitution: A Study .  New Delhi:  IIPA, p. 329. Return to Text.

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