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3. Understanding Fundamental Rights

Some rights, which are fundamental to our life, are given a special status. They are not only listed in a constitution, but also specially protected. Such rights are called Fundamental Rights. They are called “fundamental” because they are essential for the all-round development of an individual and also because they are guaranteed by the fundamental law of the land i.e. the constitution itself.

In the Constitution of India, Fundamental Rights are enshrined in Part III, from Articles 12 to 35. These not only guarantee political freedom in the country, but are also a check against arbitrary actions of the state. Further, they help in establishing the Rule of Law instead of Rule of Men, which means that the state cannot act in an arbitrary manner.

In fact, Fundamental Rights serve as the foundation of the Rule of Law by acting as a check on the arbitrary action of the state. Further, an independent judiciary, with the power of judicial review, acts as a protector of the Fundamental Rights as well as a guardian and guarantor of the Rule of Law.