11_CJI Surya Kant at Oxford Union on AI, Access to Justice and Constitutional Governance-4

Part III of the Constitution of India contains in Articles 12 to 35 the Fundamental Rights guaranteed to Indian citizens, and in some cases all persons. It may be worthwhile to briefly look at these rights to comprehend their ever-growing significance. For the sake of convenience, the Fundamental Rights are broadly classified into following categories:
General
Article 12: Definitions
Article 13: Laws inconsistent with or in derogation of the fundamental rights

Right to Equality
Article 14: Equality before law
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 16: Equality of opportunity in matters of public employment
Article 17: Abolition of Untouchability
Article 18: Abolition of titles

Right to Freedom
Article 19: Protection of certain rights regarding freedom of Speech, etc.
Article 20: Protection in respect of conviction for offences
Article 21: Protection of life and personal liberty
Article 21A: Right to education
Article 22: Protection against arrest and detention in certain cases

Right against Exploitation
Article 23: Prohibition of traffic in human beings and forced labour
Article 24: Prohibition of employment of children in factories, etc.

Right to Freedom of Religion
Article 25: Freedom of conscience and free profession, practice and propagation of religion
Article 26: Freedom to manage religious affairs
Article 27: Freedom as to payment of taxes for promotion of any particular religion
Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

Cultural and Educational Rights
Article 29: Protection of interests of minorities
Article 30: Right of minorities to establish and administer educational institutions

Right to Property (Repealed)
Article 31: Compulsory acquisition of property (Omitted)

Saving of Certain Laws
Article 31A: Saving of laws providing for acquisition of estates, etc.
Article 31B: Validation of certain Acts and Regulations
Article 31C: Saving of laws giving effect to certain directive principles
Article 31D: Saving of laws in respect of anti-national activities (Repealed)

Right to Constitutional Remedies
Article 32: Remedies for enforcement of rights conferred by this Part
Article 32A: Constitutional validity of State laws not to be considered in proceedings under article 32 (Omitted)
Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
Article 34: Restriction on rights conferred by this Part while martial law is in force in any area
Article 35: Legislation to give effect to the provisions of this Part

Even a cursory look at these rights shows that they constitute the backbone, foundation stone, sheet-anchor and heart and soul of the Constitution of India. The Constitution is a living document. No matter whether there is electronic governance, AI, drones, or the age-old physical mode of running the governance system, the efficacy and effectiveness of that system solely depends on its robust mechanism to safeguard Fundamental Rights in all circumstances. Since India is a liberal, democratic, welfare state, the Fundamental Rights enshrined in Part III of the Constitution assume extraordinary significance. They are part and parcel of the Basic Structure of the Constitution of India.
Therefore, Honourable Chief Justice of India, Justice Surya Kant is absolutely right in stressing protection of these guarantees of liberties to citizens and in some cases all persons. Ideally, this should be the common approach of all three branches of the government i.e. legislature, executive and judiciary.
Moreover, citizens may also be better placed by fulfilling their Fundamental Duties mentioned in Article 51 A of Part IV A the Constitution of India. The duties are as follows:
Article 51 A- Fundamental Duties: It shall be the duty of every citizen of India–
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public properly and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement.
(k) who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.

Though fundamental duties are not enforceable like fundamental rights, they cannot be overlooked as duties in Part IV A of the Constitution of India. Citizenship involves rights as well as duties. Balance must be struck between the two by all citizens and/or persons.