Part III of the Constitution contains a long list of fundamental rights. This Chapter of the Constitution of India has very well been described as the Magna Carta of India.[1] The inclusion of a Chapter of Fundamental Rights in the Constitution of India is in accordance with the trend of modern democratic thought, the idea being to preserve that which is an indispensable condition of a free society. The aim of having a declaration of fundamental rights is that certain elementary rights, such as right to life, liberty, freedom of speech, freedom of faith and so on, should be regarded as inviolable under all the conditions and that the shifting majority in Legislature of the Country should not have a free hand in the Barnet.[2]
“Fundamental rights are the rights having a noble pedigree. They are the natural rights which are in the nature of external conditions necessary for the greatest possible unfolding of the capacities of a human being. These secured and guaranteed conditions are called fundamental rights. It is generally agreed that these natural rights are inherent in man and cannot be taken away by the State.”[3]
These fundamental rights substantially covers all the traditional civil and political rights enumerated in the Universal Declaration of Human Rights. Dr. Ambedkar described them as “the most criticized part” of the Constitution.