Fundamental Rights: The Constitutional Shield of Every Indian Citizen

Written by: Milan Kuwar

7th Semester, Political Science

St. Joseph College

“The law is for the protection of the people, not the convenience of the state.”

Adv. Ram Jethmalani

Imagine a young student being denied an opportunity because of their background, a worker being treated unfairly, or an ordinary citizen being afraid to speak against injustice. In such situations, what protects a person from discrimination and the misuse of power? The answer lies in one of the most important guarantees of the Indian Constitution — the Fundamental Rights.

The Constitution of India establishes the system of government and sets limits on the exercise of State power. Fundamental Rights are at the centre of this constitutional system. They protect equality, liberty and human dignity and provide legal means to challenge unlawful or arbitrary action. These rights affect everyday life through education, employment, personal liberty, freedom of expression, religious practice and access to justice. A democracy works properly when citizens know their rights and understand how they can enforce them.

Fundamental Rights are contained in Part III of the Constitution of India, covering Articles 12 to 35. Article 12 defines “the State” for the purposes of Part III, including the Government and Parliament of India, State Governments and Legislatures, local authorities and other authorities covered by the constitutional definition. Article 13 provides that laws inconsistent with Fundamental Rights are void to the extent of the inconsistency. The principal categories of Fundamental Rights include the Right to Equality (Articles 14–18), Right to Freedom (Articles 19–22), Right against Exploitation (Articles 23–24), Right to Freedom of Religion (Articles 25–28), Cultural and Educational Rights (Articles 29–30), and the Right to Constitutional Remedies (Article 32). Article 21A guarantees the Right to Education for children between six and fourteen years of age. These provisions place constitutional limits on State power and protect important freedoms and interests of individuals.

The Right to Equality guarantees equality before the law and equal protection of the laws. Article 14 applies to every person. Article 15 protects citizens against discrimination by the State on specified grounds. Article 16 guarantees equality of opportunity in public employment, subject to constitutionally permitted provisions. Article 17 abolishes untouchability, and Article 18 deals with the abolition of titles, with constitutional exceptions for military and academic distinctions. These provisions give legal force to the principle of equality. A person’s caste, religion, sex or social background cannot be used by the State as a basis for denying the constitutional protection guaranteed by law.

The Right to Freedom protects liberties that are necessary for democratic life. Article 19 guarantees citizens freedoms including speech and expression, peaceful assembly, association, movement, residence and the freedom to practice any profession, occupation, trade or business, subject to constitutional restrictions. Article 20 provides important safeguards in criminal proceedings. Article 21 protects life and personal liberty and applies to every person. The Supreme Court has developed the meaning of Article 21 through decades of constitutional interpretation, making it one of the most important protections of individual liberty in India.

The Right to Education under Article 21A is especially important for young people. It requires the State to provide free and compulsory education to children between six and fourteen years of age in accordance with law. Education determines access to knowledge, opportunity and participation in society. When conflict interrupts schooling, the consequences can continue for years. Protecting education must therefore remain an important responsibility of public authorities.

Freedom of speech and expression is essential to democratic politics. Citizens have the right to express opinions, question public decisions, discuss social problems and participate in political debate. Article 19 permits reasonable restrictions on specified constitutional grounds. Public debate therefore operates within a legal framework. Citizens must exercise their freedoms responsibly and respect the rights and dignity of others.

The Right against Exploitation protects people from practices that violate human dignity. Article 23 prohibits trafficking in human beings and forced labour. Article 24 prohibits the employment of children below fourteen years of age in factories, mines and other hazardous employment. These provisions protect vulnerable people and give constitutional support to the principle of social justice.

The Right to Freedom of Religion guarantees freedom of conscience and the right to profess, practise and propagate religion, subject to constitutional limitations. India’s religious diversity makes these protections important to its democratic system. Every person must have the freedom to follow their conscience within the limits established by law.

The Cultural and Educational Rights recognize India’s linguistic and cultural diversity. Article 29 protects certain interests relating to language, script and culture. Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions of their choice, subject to constitutional law. These provisions protect cultural identity and support India’s plural democratic character.

The Right to Constitutional Remedies under Article 32 gives Fundamental Rights practical force. A person can approach the Supreme Court for enforcement of Fundamental Rights. High Courts also have powers under Article 226 to issue writs for the enforcement of Fundamental Rights and, in appropriate cases, other legal rights. These remedies give citizens a constitutional route to seek judicial protection when rights are violated.

For a conflict-affected state like Manipur, Fundamental Rights have a direct meaning in people’s daily lives. Families have faced displacement. Students have lost access to regular education. Workers have lost livelihoods. Communities have lived with insecurity and disruption. In such circumstances, equality, life, liberty, education, religious freedom and cultural protection become matters of everyday concern. Article 21 protects life and personal liberty. Article 19 protects important freedoms of citizens. Articles 25 to 30 provide constitutional protection relating to religion, culture and education. Knowing these rights helps people recognize violations, seek lawful remedies and approach constitutional institutions.

The Government of Manipur has a responsibility to continue governing the State and providing essential public services during conflict. Conflict cannot become a permanent excuse for administrative failure. Roads still have to be maintained. Schools still have to function. Hospitals still have to provide care. Electricity and drinking water still have to reach people. Public offices still have to perform their functions. Basic infrastructure and essential services are necessary for people’s lives and welfare. They require continuous maintenance, funding and administration.

There can be no compromise on essential infrastructure and essential services. Government departments cannot simply cite conflict or instability whenever public services fail or infrastructure is neglected. Difficult conditions can require additional security, resources, personnel and alternative methods of service delivery. The basic responsibility remains with the government. Where infrastructure is damaged, it must be repaired. Where services are disrupted, they must be restored. Where people have been displaced, rehabilitation and essential assistance must be properly implemented. Public administration must continue to serve the people.

The 2026–27 Budget of the Government of Manipur shows that these responsibilities require substantial public expenditure. The Budget Speech identifies rehabilitation and resettlement of internally displaced persons as a major concern and provides for measures including permanent housing, compensation for loss of personal belongings and assistance for repair and renovation of damaged houses. The budget also provides significant resources for roads and other public infrastructure. These allocations show that the government has recognized the need to address the effects of conflict. The real test of governance is implementation: whether money reaches the intended beneficiaries, whether infrastructure is completed and maintained, and whether essential services actually reach people.

The constitutional division of responsibilities also matters. Public order and police are State subjects under the Seventh Schedule, while Article 355 places a responsibility on the Union to protect States against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the Constitution. These responsibilities operate alongside the ordinary responsibilities of State administration. Citizens should not be left without functioning public services because different levels of government are unable to coordinate effectively.

The experience of the Emergency in the 1970s remains an important part of India’s constitutional history. It showed how serious the consequences can be when individual liberty and institutional safeguards come under pressure. The 44th Constitutional Amendment of 1978 introduced important safeguards concerning Emergency powers. Article 359 now prevents the suspension of the right to move courts for enforcement of Articles 20 and 21 through an order made under that provision during an Emergency. The protection of life and personal liberty therefore has a special place in the constitutional system.

Rights become meaningful when people know how to use them. A person who does not know their constitutional rights may accept discrimination, unlawful treatment or administrative neglect without knowing where to seek help. Constitutional literacy gives citizens the ability to identify violations, understand legal remedies and approach the appropriate institutions.

Schools, colleges and universities have an important role in developing constitutional awareness. Students should understand the Constitution as a framework that governs political institutions, public administration and citizenship. They should know the rights available to them and the institutions through which those rights can be protected. Political awareness begins with constitutional awareness.

Fundamental Rights are closely connected with human dignity. They place limits on public power and protect important areas of individual freedom. Citizens exercise their democratic role through voting, public discussion, peaceful participation, civic engagement and lawful interaction with public institutions. The ability to question government decisions and seek judicial protection is a basic feature of constitutional democracy.

The Constitution also contains Fundamental Duties under Article 51A. These duties include respect for constitutional values, national unity and harmony, protection of the environment and other responsibilities towards society and the nation. Citizens have responsibilities towards one another and towards the country. Respect for the rights and dignity of others is essential to democratic life.

India continues to face discrimination, social inequality, misinformation and intolerance. Digital communication has expanded public debate and created new concerns involving privacy, dignity and responsible speech. Fundamental Rights provide citizens with a constitutional framework for understanding these issues and participating in public life.

For people living through conflict, constitutional rights have a practical meaning. A student needs access to education. A family needs security and lawful administration. A worker needs the opportunity to earn a livelihood. A citizen needs the freedom to express an opinion. A person whose liberty is threatened needs access to legal protection. Communities need protection for their cultural and educational interests. These are real concerns in people’s lives, and the Constitution provides a framework for addressing them.

Fundamental Rights protect equality, liberty, dignity and democratic participation. They give ordinary people legal and constitutional means to challenge injustice, seek judicial protection and demand accountability from public authorities.

The first step towards protecting our rights is to know them. An informed citizen can recognize injustice, understand the law and use democratic institutions more effectively. Constitutional awareness strengthens both citizens and democracy.

When we — the people of India — understand Fundamental Rights, respect the rights of others and participate responsibly in democratic life, the values of justice, liberty, equality and fraternity become part of everyday public life. These values form the foundation of India’s constitutional democracy and remain relevant wherever citizens face injustice, insecurity or the misuse of power.