5 Fundamental Rights That Shaped India

The fundamental rights guaranteed by the Constitution reflect how the framers wished to empower citizens of the newly birthed nation. In the years that followed, the judiciary, on its part, innovatively interpreted the Constitution and gave to us rights ranging from information and education to free legal aid. Some of the most fundamental guarantees flowing from the Constitution are:

SUBSTANTIVE EQUALITY

India is no stranger to discrimination between the sexes based on a stereotypical conception of their respective roles. At one point, Air India’s service regulations required female flight attendants to retire at the age of 35, or upon getting married or pregnant. Which is why the 2020 Supreme Court decision making women short service commission officers eligible for appointment in permanent commission in the armed forces was celebrated.

Further, the court held the criteria for promotion of women officers, where they were benchmarked with men, as indirectly discriminatory, and against substantive equality between the sexes. This was a much-needed nuanced understanding of the guarantee of equality under Article 14.

RIGHT OF CREATIVE EXPRESSION