Posted October 6, 2013 by advocateguru in Learning Centre

Fundamental Rights

The fundamental rights are the rights given by almost all the democracies to their citizens. In India these rights are mentioned in the Part III of the Indian constitution. These rights find their genesis in the natural law and natural rights. The concept is very much parallel to the concept of the human rights. The concept of human rights find a an echo in the constitution with such rights.

In Indian context the judiciary has expanded these fundamental rights over the years. Through the judicial review the Supreme Court has taken so many steps to ensure that the citizens’ fundamental rights are not limited to what has been written in the Constitution in bare. Hence the scope of Article 21 has been widened by the judiciary to include right to livelihood, good environment, good health etc.

These are also the rights which are very evident in the UDHR. India ratified the two Covenants on Civil and Political Rights and on the economic, Social and Cultural Rights with certain reservations. Thus, India has voluntarily accepted the ideals and values contained in the UDHR and also in these two Covenants. Hence, the Indian Constitution evidently has laid great importance to ensure human rights to its citizens.