politicsWikipedia

India's Constitution guarantees six fundamental rights that courts can enforce, though Parliament can amend them

the gist

Part III of the Constitution of India, Articles 12 to 35, lists fundamental rights that protect civil liberties such as equality before the law, freedom of speech, freedom of assembly and freedom of religion. Citizens can ask the Supreme Court or High Courts to enforce them through writs such as habeas corpus. The six rights cover equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies. The right to property was removed as a fundamental right in 1978, and a right to education for children aged 6 to 14 was added in 2009. In the 1973 Kesavananda Bharati case, the Supreme Court held that Parliament can amend these rights but cannot alter the Constitution's basic structure.

so what

These rights define the relationship between citizens and the state in India and give courts the power to strike down laws that violate them. The basic structure doctrine from 1973 remains one of the most important limits on constitutional amendment in the country.

has this happened before?

Many democracies built their rights catalogues on older charters, with India's drawing on England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man. The question of whether a constitution's core can be amended at all has been debated in other countries too, and India's basic structure doctrine is one of the best-known answers.

Adapted from Wikipedia, the free encyclopedia · CC BY-SA 4.0

Image: Wikimedia Commons