By Meenakshi Saxena
The Indian Constitution is a living document that represents the value of justice, equality, and liberty, while addressing the country’s socio-economic and political needs. Adopted on November 26, 1949, and coming into effect on January 26, 1950, this day celebrated as Republic Day in India, where every citizen is equal before the law. Dr. B. R. Ambedkar known as Father of the Constitution of India.
As we celebrate the 76th Republic Day, it serves as an ideal moment to remind every citizen that our constitution not only guarantees Fundamental Rights but also lays down Fundamental Duties and responsibilities for each one of us.
You may wonder, why did we need such a lengthy and detailed constitution? Well, let’s just say the brilliant drafting committee wasn’t a fan of ‘shortcuts.’ The answer lies in the fact that this one document binds the nation together with same laws and principles, ensuring justice, equality, and protection of fundamental rights for all citizens. Additionally, it provides protection against the state for the public at large, being a republic and democratic nation.
In my previous article dated January 26, 2024, I discussed why the Constitution was adopted, how it can be amended and highlighted the most significant amendments to the Indian Constitution from 1950 to 2023. Till date we have106 amendments.
In this article, I aim to connect the theoretical aspects of our rights with how we can practically use them in our everyday lives. While most of us are aware of our constitutional rights we enjoy (thanks to our Founding Fathers!), many may not know how to effectively claim these rights or where to seek redress when they are violated.
Constitutional rights: A brief overview
India’s constitution guarantees several Fundamental Rights, along with the Directive Principles of State Policy, Fundamental Duties, and Other Rights. These rights protect citizens from injustices while promoting equality, liberty, and dignity for all.
While most citizens are familiar with the key constitutional rights, such as the right to equality, freedom of speech, protection from exploitation, access to education, and the right to constitutional remedies, many may not know how to effectively claim these rights or whom to approach when these rights are breached.
Enforceability and against whom
Fundamental rights, as outlined in Articles 12 to 35 of the Constitution, are enforceable against the “State.” Article 12 defines “State” as the Government and Parliament of India, and the Governments and Legislatures of the States, as well as all local authorities within the territory of India. This means that these rights are directly enforceable against public authorities or state bodies. There is always a question in mind i.e. what if a private body violates this right, can these be enforced against them?
While fundamental rights are generally not directly enforceable against private individuals or entities, there have been judicial developments that have extended certain fundamental rights to cover private bodies in specific contexts.
- Horizontal Application of Fundamental Rights: In certain situations, the courts have held that fundamental rights can have “horizontal” application, meaning they can apply in relationships between private parties in specific cases. This is primarily done through the interpretation of the Constitution and judicial intervention.
- State Action Doctrine: The Supreme Court has developed the doctrine of “State action,” which means that even if a private entity violates fundamental rights, it could be held accountable if there is sufficient involvement or support from the State. This happens when private entities carry out public functions or act in a manner that is state supported.
In conclusion, while fundamental rights cannot be directly enforced against private bodies in the same way as against the State, judicial activism and specific circumstances allow for their extension to private entities in certain contexts, especially when there is state involvement or when public interest issues arise.
The judiciary plays a crucial role in making sure that the government or public authorities’ actions do not violate the rights of citizens. Judiciary is like a referee in a game, who make sure everyone plays by the rules, and if you breach the rule, one must pay the penalty.
Asserting our Constitutional Rights – Role of State and Judiciary
It is a general impression that it is the role of Judiciary and especially that of Hon’ble Supreme Court to protect and enforce Fundamental Rights. In fact, the primary responsible is that of the “State” and Judiciary only comes in, where the “State” fails by its actions or inactions.
The State, as defined in Article 12 of the Indian Constitution, includes the Government and Parliament of India, the Governments and Legislatures of the States, and local authorities. The State has the primary duty to ensure that fundamental rights are respected, protected, and not violated by its actions.
The judiciary plays a crucial role in making sure that the government or public authorities’ actions do not violate the rights of citizens. Judiciary is like a referee in a game, who make sure everyone plays by the rules, and if you breach the rule, one must pay the penalty.
The Judiciary in India, primarily the Supreme Court and High Courts, plays a critical role in interpreting, protecting, and enforcing fundamental rights. The judiciary ensures that the State and other public and private bodies comply with constitutional principles and safeguards.
Whilst there ae various remedies available, few of them are as follows:
Judicial Review – This is the power to examine the constitutionality of laws and actions of the State. If any law or action violates fundamental rights, the judiciary can strike it down as unconstitutional (Article 13 of the Constitution). Its like “red carding’ an unlawful action!
Protection through Writs – Individuals whose fundamental rights are violated can directly approach the Supreme Court or High Court for redressal. Under Article 32 of the Constitution, the Supreme Court has the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) to enforce fundamental rights. Article 226 of the Constitution provides similar powers to High Courts. It is like a “time out” where courts get to stop unfair actions!
Public Interest Litigations (PIL) – The judiciary has developed the concept of Public Interest Litigation (PIL), which allows public-spirited individuals or organizations to approach the courts to enforce rights that affect a larger section of society. Its a “fan club” who wants to fix the game and make it a fair game 😊
The protection and enforcement of fundamental rights in India is a shared responsibility between the State and the Judiciary. The State must create laws, policies, and institutions that uphold these rights, while the Judiciary serves as the ultimate protector by ensuring that the State’s actions do not infringe upon the rights guaranteed by the Constitution. The judicial role has evolved over time to be more proactive, expanding the scope of fundamental rights and ensuring that they are effectively safeguarded for all citizens.
Rights and duties go hand in hand
The constitution not only grants citizens rights but also holds them accountable for their duties and responsibilities towards the nation. These fundamental duties, outlined in Article 51A, are designed to promote a sense of responsibility and national pride. They include:
Respecting the Constitution, national symbols, and democratic values, easy enough, right? But how many of us sometimes find it hard to promote unity and harmony, especially when we disagree on the best regional cuisine? Or debate on Cricket matches😊
Following the law, and promoting justice, equality, and freedom.
Defending the country and contributing to national security if necessary.
Promoting unity and harmony,transcending differences of religion, cast, language or region (except debates on cricket and food cuisines).
Protecting the environment, including forest, river and wildlife (Even Mother Nature deserves a break from plastic invasion and noisy firecrackers).
Supporting scientific thinking and rationality.
Safeguarding public property and preventing its destruction.
While these duties are not legally enforceable, they guide us in being a responsible citizen who contribute positively to society. By balancing both rights and responsibilities, we can ensure a strong and vibrant democracy.
Rights of Indian Expats and Migrants: A Constitutional Overview
The Indian Constitution does not explicitly provide a set of rights for Indian expats and migrants living abroad, but it ensures basic protections for Indian citizens regardless of their location. While fundamental rights like equality and freedom mainly apply within India, Indian citizens abroad still retain their citizenship rights, including the right to vote, though under specific conditions. Indian laws, such as the Overseas Citizen of India (OCI) status, offer additional benefits like long-term visas and property ownership in India, but without political rights like voting.
Indian embassies and consulates play an important role in protecting the interests of the diaspora by offering legal assistance, especially in family related matters or issues concerning property and inheritance in India. While the Constitution doesn’t directly govern the rights of expats abroad, India’s commitment to safeguarding its citizens’ welfare is reflected through international diplomacy, consular services, and various legal frameworks. Think of it like having a safety net, the government may not always be able to catch you directly, but they have set up a system to make sure you don’t fall too far. However, the rights of expats are still subject to the laws of the host country, which may limit the protections they enjoy compared to those within India. So, while you can count on your home country for support, you may still have to play by the local rules and regulations.
Conclusion
Justice for all!
The Constitution of India is more than just a legal document, it is a living guide that shapes our daily lives. Each right we have, and every responsibility we hold, contributes to the heartbeat of a democratic India.
Imagine a country where every citizen not only knows their rights but also actively and diligently fulfills their duties that binds us together as one nation, untied in purpose. “Because in India, whether it’s a cricket, festive season, a political rally, or a family dinner, we are pros at finding unity in chaos and some fun along the way” as we are proud Indians!
To all Indian Expats, who carry India in their hearts and veins always stay deeply connected to their homeland, honouring their duties and rights, while carrying a strong sense of belonging. As the saying goes “We may have left Indian land, but India will always remain in our heart, no matter where life takes us.”
Wishing all Indians across the globe a very “Happy 76th Republic Day” Jai Hind!
