Q. What are 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 that are guaranteed by the constitution of the country as fundamental rights. Any rights which are included in the group of fundamental rights in the Constitution are called fundamental rights. Fundamental Rights are provided equally to every citizen of the country despite their caste, religion, sex, tribe, gender, etc. If any right which is not guaranteed by the constitution as a fundamental right is not considered a fundamental right. Part 3 of the Constitution of Nepal guarantees the fundamental rights of citizens of Nepal and there are 31 fundamental rights guaranteed by the Constitution Of Nepal.
For example, property rights are fundamental rights in Nepal because the Constitution of Nepal has recognized property rights as fundamental rights in the constitution. Similarly, property rights in India are just legal rights but not fundamental rights because the Constitution of India has not guaranteed property rights as fundamental rights. Therefore it is clear that whatever rights 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 its citizens which are not taken away by the state. It's necessary for the proper development of its citizens living standards. It's also called fundamental rights because such rights are guaranteed by the fundamental law of the land. Fundamental Rights are special rights that enjoy direct protection from the Supreme Court. It means if someone's fundamental rights are violated then he/she can approach the Supreme Court directly without filing a 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 its subject. The legislature is a sovereign body of state that has the power to make amendments in the constitution and can amend any part or article of the constitution but it has also not the power to take away fundamental rights of the citizens. Therefore, it's clear that fundamental rights are those rights that are guaranteed by the Constitution and protected by the Supreme Court.
Importance of Fundamental Rights
As fundamental rights are basic rights, therefore it's necessary for everyone to properly develop and make their living standards better. The importance of fundamental rights is described below:
1. Fundamental Rights as Basic Rights
Fundamental Rights are also known as basic rights. It means they are minimum rights that must be freely enjoyed by every citizen in the country for their proper development and improving their living standards. Each and every state has described some fundamental rights for their citizens in their country's constitution. For example right to life, liberty, property, etc.
2. Guaranteed by the Constitution as Fundamental Rights
Fundamental Rights are only those rights that are guaranteed 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 the 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 that are described under the part of fundamental rights.
3. Higher degree of protection by the Supreme Court
A person enjoys a higher degree of protection of his/her fundamental rights guaranteed by the constitution in case of its violation. Supreme Court is the protector of fundamental rights and declares any law void or null if it limits or causes problems in the enjoyment of fundamental rights. Similarly, a person has the right to approach the Supreme Court directly for the remedy in case of violation of fundamental rights.
4. Fundamental rights as the backbone of the constitution
Fundamental Rights are also called the backbone of the constitution because it's the fundamental rights that limit the power of government make the government responsible to citizens and ensure a 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 the government
Fundamental rights are those rights that are provided by the constitution to the citizens and the government cannot encroach on 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 the government does then the Supreme Court is there to declare the law and action of the 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, all citizens' legal rights are suspended if a state of emergency is declared in the state. However all fundamental rights are not suspended even in the state of emergency declared, but some fundamental rights only got suspended during the state of emergency. For example; the right to live, the right to justice, and the right to privacy are not subject to suspension but the right to employment, and the right to labor 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 to fundamental rights are vested in the government
The fundamental rights are rights guaranteed by the constitution for the citizens of the country. As we know the rights of a person are the duty of another person but here all the duties to provide every citizen with fundamental rights are vested only in the government.
8. Instant remedy in case of violation of fundamental rights
A person gets instant remedy if his/her fundamental rights are violated because the protector of fundamental rights is the supreme court and the supreme court hears very carefully and seriously the complaints and cases relating to violation of fundamental rights. In case of violation of fundamental rights, a person can file a writ petition instead of filing a complaint petition. Therefore, the Supreme Court hears the writ petition as soon as possible.
9. Victims can directly approach the Supreme Court for remedy if fundamental rights violated
As we have seen and studied if a person wants to file a case then he has to file a case in the 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 especially guaranteed to natural persons only
Fundamental Rights are rights that are mainly focused on the natural person and such rights are enjoyed by the natural person only, legal persons like companies, and corporations are not eligible to enjoy fundamental rights. Legal Persons can enjoy those rights which are guaranteed 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 a legal person.
11. Fundamental rights are equally enjoyable by all the citizens
Fundamental Rights are those rights of citizens that are guaranteed by the constitution and these rights are equally enjoyed by all the citizens of the country despite their caste, religion, sex, and gender. The fundamental rights are provided to every citizen of the country equally despite their status. So no discrimination should be made while enjoying fundamental rights by the people.
12. Fundamental rights are also known as vested rights
Fundamental rights are vested rights. Vested rights are those rights that are available to enjoy for the people without fulfilling any conditions. Fundamental rights are also known as vested rights because no condition needs to be fulfilled for the enjoyment of fundamental rights. A person is capable of enjoying fundamental rights due to the reasons that he/she is a citizen of that country. For example, a person enjoys fundamental rights i.e. right to education and there is no condition necessary to be fulfilled by him/her but to use the right to vote is a legal right and to use this right, a person must pass the age of eighteen years.
13. Fundamental rights are enforceable in nature
If the duty holder of rights does 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 the government does not fulfill its obligation and responsibilities to provide fundamental rights to citizens then people can go to the Supreme Court to compel the government to fulfill its duty.
Conclusion
In conclusion, we can say that fundamental rights are all those rights guaranteed by the Constitution for the citizens. These rights are enjoyed by every citizen of the country despite their status, religion, gender, caste, etc. If someone's fundamental rights are violated then he/she can file a writ directly either in High Court or Supreme Court for remedy.