If proposed or implemented, the idea of new fundamental rights in 2025 would need to be carefully weighed against the existing Constitution of India, especially about how they align with or challenge the provisions of the Constitution’s Part III, which deals with Fundamental Rights. The Constitution of India, adopted in 1950, provides for certain inalienable rights to individuals, designed to protect personal liberties, ensure equality, and uphold human dignity.
1. Constitutional Framework of Fundamental Rights
The Constitution’s existing fundamental rights are categorized into six major groups under Part III:
- Right to Equality (Article 14–18)
- Right to Freedom (Article 19–22)
- Right against Exploitation (Article 23–24)
- Right to Freedom of Religion (Article 25–28)
- Cultural and Educational Rights (Article 29–30)
- Right to Constitutional Remedies (Article 32)
New rights would have to be compatible with these existing rights and must not undermine or infringe upon the balance established by the Constitution. For example, any new right that promotes social justice would need to be consistent with the Right to Equality and not create discrimination.
2. Balancing Fundamental Rights with Directive Principles
The Directive Principles of State Policy (DPSP) under Part IV are guidelines for the government to follow, aiming to create a fair and just society. New fundamental rights would need to be assessed for their impact on DPSPs, as the principles encourage equality, welfare, and economic justice.
For instance, if a new fundamental right was proposed to ensure access to housing or health care, it would likely align with the principles of the Constitution, which call for measures to improve the living standards of the people. However, the introduction of such rights might require changes in policy and resource allocation, necessitating government action in alignment with the DPSP.
3. Judicial Scrutiny
The Judiciary plays a critical role in interpreting and safeguarding fundamental rights. Any new rights proposed would be subject to judicial scrutiny through the Right to Constitutional Remedies (Article 32). The Supreme Court and High Courts would likely assess the constitutionality of the new rights, considering their alignment with the broader framework of constitutional governance.
For example, in landmark cases like the Right to Privacy (2017), the Supreme Court recognized privacy as a fundamental right under Article 21 (Protection of Life and Personal Liberty). If similar rights were introduced, they would undergo rigorous judicial review to ensure their compatibility with existing rights.
4. Amendment of the Constitution
Introducing new fundamental rights would require an amendment to the Constitution under Article 368, as Fundamental Rights are entrenched in the Constitution and cannot be easily altered. The amendment process requires a special majority in Parliament, and if it impacts federal principles, the consent of states might also be necessary. Any such change would require careful deliberation on its necessity, impact, and long-term implications.
5. Social and Economic Context
New fundamental rights, if proposed in 2025, would likely emerge in response to changing social, economic, and technological landscapes. For example:
- Right to Digital Privacy: With the increasing digitalization of life, a new fundamental right to protect digital privacy or personal data could be considered. This would need to be balanced with existing laws such as the Right to Privacy, and ensure it aligns with international standards, such as those laid out in the General Data Protection Regulation (GDPR).
- Right to Sustainable Environment: In response to climate change concerns, there could be a proposed fundamental right to a clean and healthy environment, which would need to be integrated into existing environmental laws and policies.
- Right to Health: While health care is currently a part of the Directive Principles, the introduction of a constitutional guarantee to health care as a fundamental right could be considered, especially in light of the COVID-19 pandemic and growing awareness of public health needs.
6. Possible Conflicts with Existing Rights
Any new rights would need to be weighed against potential conflicts with existing rights. For example:
- Freedom of Speech and Expression (Article 19): New rights that restrict speech (for instance, in cases of hate speech or misinformation) could challenge the scope of free expression.
- Property Rights: Proposals for new economic or social rights (like the right to a basic income) would need to carefully navigate the balance between social welfare and property rights.
Conclusion
New fundamental rights introduced in 2025 would need to be assessed against the Constitution of India in a manner that preserves the core values of justice, equality, and liberty. While the Constitution provides flexibility through amendments, any changes would need to be carefully crafted to ensure that they do not disrupt the established legal and social order. Legislative debates, judicial interpretation, and public consultation would play pivotal roles in shaping the future of these rights.
