Q. What is fundamental rights? Describe the importance of fundamental rights.
Q. Define fundamental rights. Discuss the features of fundamental rights.
Concept of Fundamental Rights
Fundamental Rights are a special category of basic human rights which are guranteed by the constitution of the country as fundamental rights. Any rights which are included in the group of fundamental rights in the constitution is called fundamental rights. Fundamental Rights are provided equally to every citizens of the country despite their caste, religion, sex, tribe, gender etc. If any right which is not guranteed by the constitution as fundamental right is not considered as fundamental rights. The Part 3 of the Constitution of Nepal has guranteed the fundamental rights of citizens of Nepal and there are 31 fundamental rights guaranteed by the Constitution Of Nepal.
For example, the property right is fundamental rights in Nepal because the Constitution of Nepal has recognized property right as fundamental rights in the constitution. Similarly, property right in India is just a legal rights but not fundamental rights because the Constitution of India has not guranteed property right as fundamental right. Therefore it is clear that whatever rights which are included as fundamental rights in the constitution are called fundamental rights.
Fundamental Rights are also called basic rights because it's the minimum rights guaranteed by the constitution to it's citizens which are not taken away by the state. It's necessary for the proper development of it's citizens living standards. It's also called fundamental rights because such rights are guranteed by the fundamental law of land. Fundamental Rights are special rights which enjoy direct protection of Supreme Court. It means if someone fundamental rights violated then he/she can approach supreme court directly without filing petition in district court. Fundamental Rights enjoy a higher degree of protection by the supreme court and the state also couldn't curtail all fundamental rights in the time of state of emergency but some fundamental rights may be curtailed as mentioned in the constitution.
Fundamental Rights are not only rights but also limitations and responsibilities to the government towards it's subject. Legislature is a sovereign body of state which has power to make amendment in the constitution and can amend any part or article of the constitution but it's has also not the power to take away fundamental rights of the citizens. Therefore, it's clear that fundamental rights are those rights which are guranteed by the constitution and protected by the supreme court.
Importance of Fundamental Rights
As the fundamental rights are basic rights, therefore it's necessary for everyone for proper development and making their living standards better. The importance of fundamental rights are described as below:
1. Fundamental Rights as Basic Rights
Fundamental Rights are also known as basic rights. It means they are minimum rights which must be freely enjoyed by every citizens in the country for their proper development and making their living standards better. Each and every state have described some fundamental rights for their citizens in their country's constitution. For example: right to life, liberty and property etc.
2. Guranteed by the Constitution as Fundamental Rights
Fundamental Rights are only those rights which are guranteed by the constitution as fundamental rights. It means all rights guaranteed by the constitution are not called fundamental rights but only those rights which are included in fundamental rights part are only fundamental rights and other rights mentioned under other than fundamental rights part are called constitutional rights. Therefore it's clear that fundamental rights are only those rights which are described under the part of fundamental rights.
3. Higher degree of protection by the supreme court
A person enjoy a higher degree of protection of his/her fundamental rights guaranteed by the constitution in case of it's violation. Supreme Court is the protector of fundamental rights and declare any law void or null if it limits or cause problems in the enjoyment of fundamental rights. Similarly, a person has right to approach the supreme court directly for the remedy in case of violation of fundamental rights.
4. Fundamental rights as backbone of the constitution
Fundamental Rights are also called backbone of the constitution because it's the fundamental rights which limit the power of government and make the government responsible to citizens and ensures responsible and accountable government towards citizens of the country. Fundamental Rights help the constitution to live long and make the constitution democratic.
5. Fundamental rights limit the power of government
Fundamental rights are those rights which are provided by the constitution to the citizens and the government cannot encroach the fundamental rights guaranteed by the constitution and also cannot make any law contradictory with the constitution which causes any problems in the enjoyment of the fundamental rights. If government does then Supreme Court is there to declare the law and action of government void and null. Therefore, it's clear that fundamental rights limit the power of government.
6. Fundamental rights are not suspended in the state of emergency
As we know that all legal rights of citizens are suspended if the state of emergency is declared in the state. But all fundamental rights are not suspended even in the state of emergency declared, but some of fundamental rights only got suspended during state of emergency. For example; right to live, right to justice, right to privacy are not subject to suspension but right to employment, right to labour may be subject to suspension. Therefore, we can say that all fundamental rights are not suspended during the state of emergency.
7. All the duties related with fundamental rights are vested on the government
The fundamental rights are rights guaranteed by the constitution for the citizens of the country. As we know that rights of a person is the duty of another person but here all the duties to provide every citizens with fundamental rights are vested only on the government.
8. Instant remedy in case of violation of fundamental rights
A person gets instant remedy if his/her fundamental rights violated because the protector of fundamental rights is supreme court and supreme court hears very carefully and seriously the complain and cases relating with violation of fundamental rights. In case of violation of fundamental rights, a person can file writ petition instead of filing complain petition. Therefore, Supreme Court hears writ petition as soon as possible.
9. Victim can directly approach Supreme Court for remedy if fundamental rights violated
As we have seen and studied that if a person want to file a case then he has to file case in district court first where he/she resides but If a person's fundamental rights are violated then he/she can directly approach the Supreme Court for the remedy without filing complain in district court. In Nepal, a person can approach either High Court or Supreme Court for the remedy of violation of fundamental rights.
10. Fundamental Rights are specially guranteed to natural person only
Fundamental Rights are such rights which are mainly focus on natural person and such rights are enjoyable by the natural person only, legal person like company, corporation are not eligible to enjoy fundamental rights. Legal Persons can enjoy those rights which are guranteed by the Company Act 2063. Some of the fundamental rights can be also enjoyed by the legal person but it doesn't mean that fundamental rights are provided to legal person.
11. Fundamental rights are equally enjoyable by all the citizens
Fundamental Rights are those rights of citizens which are guranteed by the constitution and these rights are equally enjoyable by all the citizens of the country despite their caste, religion, sex and gender. The fundamental rights are provided to every citizens of the country equally despite their status. So no discrimination should be made during enjoying fundamental rights by the people.
12. Fundamental rights are also known vested rights
Fundamental rights are vested rights. Vested rights mean those rights which are available to enjoy for the people without fulfilling any conditions. Fundamental rights are also known as vested rights because there is no condition need to be fulfilled for the enjoyment of fundamental rights. A person is capable of enjoying fundamental rights due to the reasons of that he/she is the citizen of that country. For example, a person enjoy the fundamental rights i.e. right to education and there is no any condition necessary to be fulfilled by him/her but to use the right to vote is a legal right and for using this right, a person must pass the age of eighteen years.
13. Fundamental rights are enforceable in nature
If the duty holder of rights do not provide us with that rights then we can go to the court for the enforcement of rights. By nature, fundamental rights are enforceable because if government do not fullfil his obligation and responsibilities to provide fundamental rights to citizens then people can go to the supreme court to compel the government to fulfill it's duty.
Conclusion
In conclusion, we can say that fundamental rights are all those rights guaranteed by the constitution for the citizens. These rights are enjoyable by every citizens of the country despite their status, religion, gender, caste etc. If someone's fundamental rights violated then he/she can file writ directly either in High Court or Supreme Court for remedy.