Fundamental Rights: A Guarantee Against State Action: A Comparative Study With Special Reference To Globalization
- IJLLR Journal
- Jan 4
- 2 min read
Vanita Bhanot, School of Law, CT University, Ludhiana
ABSTRACT
Fundamental Rights in India are the basic human rights that are guaranteed to all citizens of the country. These rights are enshrined in the Constitution of India and are consider essential for the development and protection of every individual’s personality. Over the years, The Supreme Court of India has played a crucial role in shaping and evolving these rights through various landmark judgements. In this article, we will explore the evolution of Fundamental rights in India on the basis of some of these judgements. In the Indian Constitution, certain rights are defined as Fundamental rights for the citizen of India. These rights are called Fundamental right because they allow every citizen to live a life with dignity within the country and develop their personal and social identity. The Constitution makes these rights Fundamental implying that any citizen can seek Justice in court in cased of denial or violation of any of these rights. Fundamental rights are the rights that apply to all citizens irrespective of gender, caste or religion. The law guarantees and protects these rights and violations are subject to Judicial actions. The Fundamental rights aims to uphold equality, dignity and unity of the nation by empowering people with the Constitutional support. The fundamental rights do not include important social and economic rights that are also important for individuals to lead a quality life. The right of social security, the right to labor and the right to employment are not considered fundamental rights. Other countries like China provide such rights. The parliament can restrict the application of fundamental rights to the members of armed forces, parliamentary forces, police forces and intelligence agencies.
