Introduction
Since the 17th century, the theory of essential, basic, natural rights and freedoms has evolved, and it was considered the responsibility of the state to preserve and develop these rights. In this blog, we will understand how the concept of fundamental rights originated, the idea behind it and the dual aspect of fundamental rights.
The concept of human rights can be traced to the natural law philosophers, such as Locke and Rousseau. These philosophers emphasized such inherent human rights and sought to preserve these rights by propounding the theory of “social compact”.
Locke’s Philosophy
According to Locke, man is born “with a title to perfect freedom and an uncontrolled enjoyment of all the rights and privileges of the Law of Nature” and he has by nature a power to preserve his property—that is, his life, liberty, and estate, against the injuries and attempts of other men.
The Declaration of the French Revolution, 1789, serves as a political statement on Human Rights. Inspired by Lockean philosophy, it declared: “The aim of all political association is the conservation of the natural and inalienable rights of man.”
The concept of human rights protects individuals against the excessiveness of the state. The concept of human rights represents an attempt to protect the individual from oppression and injustice. The right to liberty is the very essence of a free society, and everyone must safeguard it at all times.
Idea of Fundamental Rights
The idea behind these rights is that they should be maintained in such a way that they cannot be violated, tampered or interfered by any oppressive government. With this in view, some written constitutions guarantee a few rights to the people and forbid governmental organs from interfering with the same.
In that case, a guaranteed right can be limited or taken away only by an elaborate and formal process of constitutional amendment rather than by any ordinary legislation. These rights are characterized as Fundamental Rights.
Dual Aspect of Fundamental Rights
The entrenched Fundamental Rights have a dual aspect. From one point of view, they confer justiciable rights on the people which can be enforced through the courts against the government.
From another point of view, Fundamental Rights constitute restrictions and limitations on government action, whether it is taken by the Centre or a State or local government. The government cannot take any action, administrative or legislative, by which a Fundamental Right is infringed.
A law curtailing or infringing an entrenched right would be declared to be unconstitutional. As the Supreme Court has observed, the purpose of including Fundamental Rights in the Constitution “is to safeguard the basic human rights from the scope of political controversy and to place them beyond the reach of the political parties who, by their majority, may come to form the government at the Union level or the State level”.
USA’s Constitution
The modern trend of guaranteeing Fundamental Rights to the people can be traced to the Constitution of the U.S.A. which was drafted in 1787.
The U.S. Constitution was the first modern Constitution to give concrete shape to the concept of human rights by putting them into the Constitution and making them justiciable and enforceable through the instrumentality of the courts.
Charter Of Human Rights
The Preamble to the Universal Declaration of Human Rights declares that: “Recognition of the inherent dignity and the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world”.
In the next blog, we will delve into how the fundamental rights were incorporated into the Indian Constitution…
FAQ’s
Why are Fundamental Rights important?
Fundamental Rights protect individual liberties, ensure equality, uphold human dignity, promote social justice, strengthen democracy, provide legal remedies, and preserve cultural heritage.
How do Fundamental Rights differ from ordinary legal rights?
Fundamental Rights can only be amended through a formal constitutional amendment process. In contrast, ordinary legal rights can be modified or repealed by the legislature.
Also Read: Key Features of the Indian Constitution
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