Evolution of Fundamental Rights and Constitutional Remedies

1)Introduction

Basic human rights and liberties, which are crucial for individual dignity and autonomy, are enshrined as fundamental rights in any democratic nation. Constitutional rights operate as a protective barrier against capricious governmental decisions and guarantee that persons be treated with equity and dignity. Within the framework of the Constitution, fundamental rights have a position of utmost significance, serving as the foundation upon which a fair and impartial society is constructed. [1]

The notion of fundamental rights has developed over time, influenced by historical movements, philosophical discourse, and judicial precedents. The Magna Carta, formulated in 1215, is regarded as one of the earliest written records that systematise essential entitlements, such as safeguards against capricious incarceration and the entitlement to a just legal proceeding. The American Declaration of Independence, ratified in 1776, reinforced the fundamental rights of individuals by asserting that "all men are inherently equal, and that they possess certain unalienable Rights, including Life, Liberty, and the pursuit of Happiness, which are bestowed upon them by their Creator.[2]

The Indian Constitution, ratified in 1950, precisely delineates fundamental rights in Part III, specifically in Articles 12-35. These rights comprise a wide range of personal freedoms, such as the right to equal treatment, the freedom to express oneself, the freedom to practise any religion, and protection against being taken advantage of. The incorporation of basic rights in the Constitution stands as evidence of India's dedication to preserving individual dignity and promoting a fair and impartial society.

1.Importance of Fundamental Rights

Essential rights have a crucial function in protecting personal freedoms and maintaining the principles of democracy. They serve as a safeguard against capricious governmental actions, guaranteeing that individuals are not subjected to unfair treatment or violation of their fundamental rights. Individuals are empowered by the existence of basic rights to contest the conduct of the state and seek remedy in cases when their rights are infringed upon.

2.The progression of constitutional remedies

The safeguarding of essential rights is not solely an abstract notion; it is supported by a strong framework of constitutional remedies. These remedies enable individuals to utilise legal procedures to uphold their fundamental rights and seek court involvement when those rights are violated. The progression of constitutional remedies has paralleled the advancement of fundamental rights, guaranteeing that citizens possess efficient methods to protect their freedoms.

The Supreme Court and High Courts in India have a vital role in safeguarding fundamental rights. These courts possess the authority to issue legal orders, such as habeas corpus and mandamus, in order to uphold and enforce essential rights. The Supreme Court has become a defender of basic rights, continuously broadening the range of protection and guaranteeing that individuals' rights are not violated.[3]

The development of basic rights and legal solutions inside a constitution is a continuous and dynamic process, continuously adjusting to the evolving social, political, and technical environment. In response to societal advancements and growing issues, it is imperative to modify the structure of fundamental rights and remedies to safeguard persons' liberties against new threats.

2)Historical Background:

The incorporation of fundamental rights into the Indian Constitution marked the culmination of a protracted and challenging endeavour to secure individual freedom and equality. The Indian nationalist movement, which surged in the early 20th century, underscored the imperative of fundamental rights to protect the liberties and entitlements of the Indian populace. The Indian National Congress, the prominent advocate of the nationalist cause, passed resolutions in its yearly sessions that supported the promotion of fundamental rights.

The initiation of the Indian Constitution's framing in 1946 presented a chance to incorporate fundamental rights into the country's highest legal document. The Constituent Assembly, responsible for formulating the Constitution, participated in thorough discussions and considerations regarding the essence and extent of fundamental rights.

1.Key Influences and Debates

The inclusion of fundamental rights in the Constitution was influenced by several significant factors. The Universal Declaration of Human Rights, which was adopted by the United Nations General Assembly in 1948, served as a profound source of inspiration. The drafters of the Constitution also relied on the fundamental rights protected in the constitutions of other democracies, such the United States of America and Ireland.

The debates surrounding fundamental rights revolved around several key issues:

1.Extent of Fundamental Rights: A discussion was place over the extent of fundamental rights that should be incorporated into the Constitution. Certain individuals campaigned for a more limited focus, while others aimed to include a broader spectrum of rights.[4]

2.Justiciability of Fundamental Rights: An problem of disagreement arose over the justiciability of fundamental rights, which pertains to the ability of individuals to seek legal remedies in case their rights are infringed upon. In the end, the framers made the decision to render fundamental rights justiciable, so conferring upon the Supreme Court and High Courts the authority to uphold these rights.

3.Balancing Individual Rights and State Power: The framers wrestled with the intricate equilibrium between safeguarding individual rights and guaranteeing the state's capacity to operate efficiently. They acknowledged that fundamental rights were not unconditional and may be subjected to rational limitations in order to maintain public order, morality, and security.

2.Outcome: Enshrining Fundamental Rights

After extensive deliberations, the Constituent Assembly adopted Part III of the Constitution, which encompasses Articles 12-35, outlining the fundamental rights of Indian citizens. These rights include:

1. Right to Equality: Guaranteeing equality before the law, prohibiting discrimination based on religion, race, caste, sex, or place of birth.
2. Right to Freedom: Encompassing freedom of speech and expression, assembly, association, movement, residence, and profession.
3. Right against Exploitation: Prohibiting forced labor, child labor, and human trafficking.
4. Right to Freedom of Religion: Guaranteeing the right to practice, profess, and propagate any religion.
5. Right to Cultural and Educational Rights: Protecting the right of minorities to conserve their culture, language, and script, and the right to establish educational institutions.
6. Right to Constitutional Remedies: Empowering individuals to seek judicial enforcement of their fundamental rights.[5]

The incorporation of fundamental rights into the Indian Constitution represented a significant turning point in the history of India, establishing the fundamental human rights and freedoms that are crucial for a fair and impartial society. These rights have been crucial in protecting individual liberties, advancing social equity, and maintaining the principles of democracy in India.

3)Enforcement Mechanisms for Fundamental Rights

There are strong constitutional remedies in the Indian Constitution to protect and defend basic rights. These options give people the power to ask the courts to step in when their basic rights are being violated. By giving out writs and using their judicial review power, the Supreme Court and High Courts play a key part in protecting basic rights.[6]

1.Constitutional Remedies

1.Habeas Corpus: This legal document is issued in order to safeguard the individual's right to personal freedom against unauthorised confinement. The directive mandates the authorities to present the detained individual before the court and provide a valid justification for their custody.

2.Mandamus is a legal writ that is used to compel a public official or authority to fulfil their legal obligations. It compels the authorities to carry out particular actions that they are legally bound to fulfil.

3.Prohibition: This legal order is issued to restrain a lower court or authority from surpassing its legal power or engaging in actions that infringe against basic rights. The provision prevents the authorities from engaging in any activity that would be unlawful or in violation of the constitution.

4.Quo Warranto: This legal document is issued to contest the unlawful or unconstitutional occupation of a public position. The process investigates the legitimacy of a person's assertion to hold a public position and has the authority to remove them if their claim is determined to be invalid.

5.Certiorari is a legal writ that is used to examine the rulings of subordinate courts or tribunals in order to verify that they have operated within their legal authority and that their decisions are not capricious or in contravention of basic rights. It enables the transfer of a legal case from a lower court to a higher court for the purpose of examination and evaluation.

2.Significance of Writs

Writs are crucial in upholding fundamental rights by offering individuals immediate and efficient legal solutions. They function as a safeguard against capricious governmental decisions and guarantee that the rights of individuals are not violated without proper legal procedures.

Habeas corpus, mandamus, and certiorari are writs that are particularly significant for the enforcement of fundamental rights.

1.Habeas Corpus: The entitlement to individual freedom is a fundamental entitlement, and habeas corpus acts as a vital protection against illegal confinement. It guarantees that people are not unlawfully deprived of their freedom and that any detention they experience is subject to examination by a court.

2.Mandamus: Effective government hinges on public servants carrying out their tasks with diligence. Mandamus is essential in guaranteeing that public officials adhere to the law and fulfil their duties. It enables individuals to seek legal action when public officials neglect their responsibilities, thus promoting the principles of effective governance and responsibility.

3.Certiorari: The entitlement to just and unbiased legal proceedings is a core principle of basic rights. Certiorari is a judicial mechanism that guarantees subordinate courts and tribunals adhere to the established legal framework and make decisions that are not arbitrary or in violation of basic rights. It ensures the adherence to legal principles and safeguards persons against unfair or incorrect judgements.

The constitutional remedies stipulated by the Indian Constitution function as a potent mechanism for ensuring the enforcement of fundamental rights and the preservation of individual liberty. Writs, such as habeas corpus, mandamus, and certiorari, are essential in preventing arbitrary government actions, promoting good governance, and maintaining the rule of law. These remedies enable individuals to pursue justice and safeguard their fundamental rights in cases of violation.[7]

4)Landmark Cases:

Landmark court decisions in India have greatly influenced the interpretation and implementation of fundamental rights. These decisions have broadened the extent of protection, reinforced the judiciary's authority, and established crucial foundations for safeguarding individual freedoms. These cases have been crucial in the development of constitutional remedies, offering tangible illustrations of how courts might protect fundamental rights from excessive government power.

1.Key Judicial Decisions

1. Shankari Prasad v. Union of India (1951): This landmark case established the principle of judicial review over fundamental rights, asserting the power of the Supreme Court to invalidate laws that violate fundamental rights. The Court held that the Parliament's power to amend the Constitution under Article 368 does not extend to abridging or destroying the fundamental rights guaranteed under Part III of the Constitution.
2. Maneka Gandhi v. Union of India (1978): This case expanded the concept of personal liberty under Article 21, encompassing the right to go abroad. The Court held that the mere existence of an enabling law is not enough to restrain personal liberty. Such a law must also be "just, fair and reasonable." This case further established the principle of proportionality, requiring that restrictions on fundamental rights must be proportionate to the legitimate objectives pursued.[8]
3. Kesavananda Bharati v. State of Kerala (1973): This case established the doctrine of basic structure, asserting that the Parliament's power to amend the Constitution does not extend to altering or destroying the basic structure of the Constitution. The Court held that fundamental rights, including the right to equality, freedom of speech and expression, and the rule of law, form the core of the Constitution's basic structure.
4. Minerva Mills Ltd. v. Union of India (1980): This case reiterated the principle of judicial review, reaffirming the Supreme Court's power to strike down laws that violate fundamental rights. The Court emphasized that the power of judicial review is an essential safeguard against legislative excesses and ensures that individual rights are protected from arbitrary encroachments.
5. Bachchan Singh v. State of Punjab (1982): This case established the rule against arbitrary detentions, emphasizing the importance of procedural due process under Article 21. The Court held that preventive detention must be accompanied by judicial review and that the grounds for detention must be specific and non-discriminatory.

2.Evolution of Constitutional Remedies

These pivotal cases have played a significant role in the development of constitutional remedies by:

• By claiming the authority of judicial review over fundamental rights, these cases have enabled courts to examine legislative and executive measures to ensure they do not infringe upon basic rights.
• Enhancing the Authority of the Judiciary: These legal instances have solidified the judiciary's position as the protector of essential rights, underscoring its responsibility in safeguarding personal freedoms from excessive government interference.
• Setting Guidelines for Protecting Individual Liberties: These cases have established crucial rules for defending fundamental rights, including the concept of basic structure, the principle of proportionality, and the prohibition of arbitrary detentions.

These pivotal legal rulings have had a profound impact on the understanding and implementation of basic rights in India. Their actions have broadened the range of protection, enhanced the authority of the judiciary, and created fundamental principles for preserving individual freedoms. These cases demonstrate the influence of judicial review and the judiciary's dedication to safeguarding the fundamental rights outlined in the Indian Constitution.

5)Amendments and Changes:

The Indian Constitution has experienced multiple revisions since its inception in 1950, with certain amendments exerting a substantial influence on fundamental rights. These modifications have mirrored the evolving social, political, and economic conditions of India, modifying the Constitution to tackle rising difficulties and desires.

1.Significant Amendments Impacting Fundamental Rights

The First Amendment (1951) established the notion of justifiable limitations on fundamental rights, granting the government the authority to enforce restrictions on these rights in order to maintain public order, decency, and health.

The Fourth Amendment, ratified in 1955, broadened the extent of property rights by include the rights to obtain, possess, and transfer property. Furthermore, it created the notion of due process in matters involving the acquisition of property.

The Twenty-fifth Amendment, ratified in 1976, sought to rectify the disruption caused by the Golaknath case of 1967 by reinstating a harmonious equilibrium between individual rights and legislative autonomy. The declaration affirms that Parliament possesses the authority to modify any aspect of the Constitution, including fundamental rights, with specific stipulations.

The Forty-second Amendment, passed in 1976 during the Emergency period, implemented several limitations on fundamental rights, including as the temporary suspension of the right to freedom of speech and expression. Additionally, it granted the President the authority to proclaim a state of emergency without undergoing court review.

The Forty-fourth Amendment, ratified in 1978, reinstated the equilibrium between individual rights and parliamentary sovereignty by superseding the contentious provisions of the Forty-second Amendment. The judiciary reaffirmed its authority to examine constitutional modifications and safeguard fundamental rights.

2,Evolution of Interpretation and Remedies

The understanding of basic rights and the implementation of legal solutions provided by the constitution have developed over the years due to court decisions and shifting societal standards.

The Supreme Court has extended the range of fundamental rights by acknowledging new rights and adopting a more comprehensive interpretation of existing rights. For example, the Court has acknowledged the entitlement to privacy, the entitlement to education, and the entitlement to a pristine environment.

Enhancing Judicial Review: The Supreme Court has regularly exercised its authority of judicial review, affirming the supremacy of the law and protecting individual rights from capricious actions by the state. Landmark legal cases such as Kesavananda Bharati v. State of Kerala (1973) have reiterated the judiciary's responsibility as the protector of basic rights.[9]

The Supreme Court has extended the range of constitutional remedies by establishing new writs and expanding the application of existing remedies. As an example, the Court has implemented the writ of habeas corpus for public interest litigation, enabling citizens to seek redress for the infringement of basic rights of others.

The modifications made to the Constitution and the progressive understanding of fundamental rights have played a pivotal role in adjusting the Constitution to meet the developing requirements of Indian society. The judiciary plays a crucial role in protecting individual freedoms and advancing a fair and impartial society by ensuring the enforcement of fundamental rights and broadening the range of available legal solutions.

6)Contemporary Issues:

The question of fundamental rights is a subject of disagreement in present-day India, as new difficulties and debates arise that push the limits of personal freedoms and the efficacy of legal solutions provided by the constitution.

1.Emerging Challenges

The Indian state's endeavours to uphold public order, security, and economic progress frequently give rise to apprehensions regarding the possible encroachment upon individual liberties, necessitating a delicate balance between the two. Achieving a harmonious equilibrium between personal freedoms and governmental authority continues to be a persistent and complex struggle.

The rapid progress of technology and the emergence of the digital era have presented new obstacles in safeguarding fundamental rights, namely in the areas of privacy, freedom of speech, and information accessibility.

Ensuring the equitable access to fundamental rights for marginalised groups, including women, Dalits, tribal communities, and LGBTQ+ individuals, continues to be a significant problem in achieving social justice.

The efficacy of constitutional remedies in tackling present-day concerns is frequently discussed, with demands to broaden the range of remedies to include growing issues.

2.Recent Cases Testing Constitutional Remedies

The Aadhaar case (2017) contested the government's compulsory biometric identification programme, raising concerns about the trade-off between national security and personal privacy. The Supreme Court affirmed the validity of Aadhaar while emphasising the necessity of a strong data protection framework.

The current censoring of specific social media platforms and the removal of content have sparked concerns over freedom of expression and the restriction of information. Judicial bodies have struggled to strike a balance between safeguarding the freedom of expression and ensuring public order while also preventing the dissemination of false or misleading information.

The closure of the Sterlite Copper factory in 2018 exemplifies the difficulties in achieving a balance between economic growth and environmental preservation, emphasising the importance of environmental conservation and sustainable development. The judiciary has placed significant emphasis on the significance of environmental rights and the necessity for the implementation of sustainable development practises.

The Shayara Bano case (2017) ruled that the practise of quick triple talaq is illegal, thereby affirming the rights to gender equality and religious freedom for marginalised groups. Courts have also adjudicated matters pertaining to caste discrimination, indigenous peoples' rights, and LGBTQ+ rights.[10]

The continual discussions and difficulties related to basic rights illustrate the ever-changing character of the Constitution and the necessity for constant adjustment to tackle developing concerns. The judiciary has a vital role in safeguarding individual freedoms, broadening the range of legal solutions, and guaranteeing the preservation of fundamental rights in response to changing obstacles.

7)International Perspective:

The development of basic rights under the Indian Constitution has been influenced by a combination of factors from within the country and from the international community. The formulation of the Constitution was influenced by diverse international models, including as the Magna Carta, the American Declaration of Independence, and the Universal Declaration of Human Rights (UDHR).

1.Comparative evolution

The Magna Carta, signed in 1215, introduced the concept of limited government and safeguarded individual freedoms, so leaving a lasting impact on colonial legacy. This idea struck a chord with the Indian nationalist movement's fight for autonomy and personal liberties.

The American Declaration of Independence, ratified in 1776, underscored the intrinsic entitlements of individuals, encompassing the rights to life, liberty, and the pursuit of happiness. The framers of the Indian Constitution were motivated by this concept and hence incorporated fundamental rights into the constitution to safeguard individual liberties.

The Universal Declaration of Human Rights and Global Standards: The Universal Declaration of Human Rights (UDHR), which was endorsed by the United Nations General Assembly in 1948, established a comprehensive structure for fundamental rights, acknowledging the inherent and nontransferable rights of every individual. The framers of the Indian Constitution used the UDHR as a guiding principle to ensure that India's constitutional framework adhered to international human rights standards.[11]

2.Impact of Global Factors on the Development of India's Constitution

The Indian anti-colonial movement, driven by the global human rights discourse, prioritised the establishment of fundamental rights to safeguard individuals from arbitrary governmental actions and guarantee equality and justice.

India's endorsement of the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR) strengthened its dedication to global human rights norms.

Comparative Constitutionalism: The creators of the Indian Constitution examined and utilised the constitutions of other democratic nations, like the United States, Ireland, and France, to integrate superior methods of safeguarding fundamental rights.

The development of basic rights under the Indian Constitution has been influenced by a dynamic interaction between indigenous aspirations and international influences. The framers of the Constitution aimed to achieve a harmonious equilibrium between the authority of the nation and the rights of individuals, taking inspiration from international models while tailoring it to India's distinct social, political, and cultural circumstances. The ongoing discourse between domestic and international human rights norms continues to shape the understanding and implementation of fundamental rights in India.

8)Conclusion

The fundamental rights, which are written in the Indian Constitution, serve as the foundational principles of a fair and impartial society. These rights have developed gradually, influenced by historical movements, intellectual discussions, and legal precedents. Significant legal rulings have broadened the extent of safeguarding and reinforced the judiciary's responsibility in defending basic rights. Constitutional remedies, such as writs, offer individuals swift and efficient legal means to uphold their fundamental rights. The enduring importance of fundamental rights and constitutional remedies cannot be exaggerated.

9)Reference

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2)The Declaration of Independence: What Does it Say? (2018, December 14). National Archives. https://www.archives.gov/founding-docs/declaration/what-does-it-say#:~:text=These%20are%20the%20lines%20contemporary,the%20line%20for%20the%20cause.

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4)Kotasthane, P. (2017, March 6). Constituent Assembly debate on Fundamental Rights - Pranay Kotasthane - Medium. Medium. https://medium.com/@pramaanik/constituent-assembly-debate-on-fundamental-rights-c63ebf7d248c#:~:text=The%20biggest%20test%20in%20front,as%20a%20justiciable%20fundamental%20right.

5)A. (2023, June 26). Right To Constitutional Remedies (Article 32) - Types of Writs, Suspension of Fundamental Rights, Status of Wr. BYJUS. https://byjus.com/free-ias-prep/right-to-constitutional-remedies/#:~:text=Part%20III%20of%20the%20Constitution,the%20enforcement%20of%20these%20rights.

6)A. (2023, July 11). Types of Writs in Indian Constitution - Polity Notes. BYJUS. https://byjus.com/free-ias-prep/types-of-writs-in-india/#:~:text=What%20is%20Writ%3F,violation%20of%20their%20fundamental%20rights.

7)Acharya, M. (2023, January 20). Writs in the Indian Constitution. Cleartax. https://cleartax.in/s/writs

8)Maneka Gandhi v. Union of India [AIR 1978]. (2020, November 17). LL.B Mania. https://llbmania.com/2020/11/17/mrs-maneka-gandhi-v-union-of-india-uoi-anr/#:~:text=It%20was%20finally%20held%20by,just%2C%20fair%20and%20reasonable%E2%80%9D.

9)A. (2023, July 10). Kesavananda Bharati Case vs State of Kerala - Important Supreme Court Judgement | UPSC. BYJUS. https://byjus.com/free-ias-prep/kesavananda-bharati-case-1973-sc-judgements/#:~:text=What%20happened%20in%20Kesavananda%20Bharati,sit%20in%20the%20apex%20court.

10)Triple Talaq - Supreme Court Observer. (2022, July 21). Supreme Court Observer. https://www.scobserver.in/cases/shayara-bano-union-india-triple-talaq-case-background/#:~:text=The%20Supreme%20Court%20held%20that,instantaneous%20triple%20talaq%20is%20unconstitutional.

11)The Foundation of International Human Rights Law | United Nations. (n.d.). United Nations. https://www.un.org/en/about-us/udhr/foundation-of-international-human-rights-law#:~:text=It%20represents%20the%20universal%20recognition,equal%20in%20dignity%20and%20rights.