ANALYSIS OF FUNDAMENTAL RIGHTS IN INDIA

Fundamental rights are given under the Constitution of India i.e. codified under Part III of the Constitution, which guarantee every individual has liberty that gives freedom from the state for the unfair treatment or any arbitrary action performed through the state. In India the Constitution of India was influenced by the different Countries system, also through the United States Bill of Rights. These were having the important and basic rights such as rights relating to equality, freedom, protection from exploitation, freedom of religion, cultural and educational rights, and constitutional remedies etc. This research paper studies the origin, development, and importance of the Fundamental Rights in India. It will also explain how the Hon’ble Supreme Court of India has done the wider interpretation of laws through case laws such as going to case of A.K. Gopalan v. State of Madras following to the wider protection of laws given in the case of Maneka Gandhi v. Union of India. It also discusses the basic structure doctrine developed in the case of Kesavananda Bharati v. State of Kerala. This paper will also further explain the relationship between the Fundamental Rights and Directive Principles of State Policy and the concept of what does the reasonable restrictions means and the protections of rights during the emergency period furthermore it will also discuss the modern problem and issues such as privacy, internet freedom, digital rights, surveillance, and access to justice. The main argument of this research paper is how the Fundamental Rights have developed through Constitutional Provisions and judicial decisions and precedents. This shows the Judicial Active role for protecting the liberty, equality, dignity, justice and democratic values with in India.