Indian Journal for Research in Law and Management

Advancing Law and Management

ISSN No. : 2583-9896

FUNDAMENTAL RIGHTS IN INDIA: CONSTITUTIONAL TEXT, JURISPRUDENTIAL TRENDS, AND NEW FRONTIERS

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Ashish Kumar Swain (2026). FUNDAMENTAL RIGHTS IN INDIA: CONSTITUTIONAL TEXT, JURISPRUDENTIAL TRENDS, AND NEW FRONTIERS. The Indian Journal for Research in Law and Management, Volume III(Issue 7). Retrieved from https://ijrlm.com/journal/fundamental-rights-in-india-constitutional-text-jurisprudential-trends-and-new-frontiers/

Abstract

Fundamental Rights, contained in Part III of the Constitution of India, sit at the centre of Indian constitutionalism. Covering personal liberty, equality, freedom of expression, protection from exploitation, religious freedom, and cultural and educational autonomy, these rights reflect the founding generation's resolve to build a just and democratic social order. This article looks at the doctrinal foundations of Fundamental Rights through a historical and jurisprudential lens, following their development from the Constituent Assembly debates to major Supreme Court decisions such as Kesavananda Bharati v. State of Kerala (1973), Maneka Gandhi v. Union of India (1978), and K.S. Puttaswamy v. Union of India (2017). It examines the scope and limits of these rights, the reasonable restrictions framework, and the role of the judiciary in upholding constitutional guarantees. The article also takes stock of pressing contemporary concerns, including digital surveillance, the use of sedition laws against dissenters, and the friction between national security and individual freedoms. The conclusion drawn is that while the constitutional text is well-crafted, consistent judicial vigilance and legislative restraint are necessary to keep these rights meaningful in practice.

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The Indian Journal for Research in Law and Management
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2583-9896
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