For CDS-1 2023 Exam
Lecture 06
Fundamental Rights &
Writs
(POLITY)
PRATHMESH SIR
Fundamental rights
Topics To writs
Be
Covered
Fundamental Rights
➢ Fundamental rights are basically human freedoms that
every Indian citizen enjoy for adequate and harmonious
development of personality
➢ These rights are guaranteed by Indian constitution
Right to
Right to
constitutional
Equity
Remedies
Article 14 -18
Article 32
Cultural and Right to
educational Freedom
Rights Article 19 - 22
Article 29 - 30
Right to Right Against
freedom of Exploitation
religion Article 23 -24
Article 25 - 28
Fundamental Rights
The Fundamental Rights are enshrined in Part III of the Constitution
(Articles 12-35)
Part III of the Constitution is described as the Magna Carta of India
Fundamental Rights
➢ Part III
➢ Article 12 – Article 35
➢ Originally - 7
➢ Currently – 6
➢ Borrowed from USA
44th Constitution Amendment Act 1978
❖ Right to Property (Article 31 )
❖ A new provision, Article 300-A, was
added to the constitution, which
provided that “no person shall be
deprived of his property save by
authority of law”.
History of fundamental rights
It covered a number of individual rights –
• right to free speech
• right to property
• inviolation of one’s home
• equality before the law etc
It also touched upon structures of
government and separation of powers.
History of fundamental rights
Sapru Committee Report (Sir Tej Bahadur Sapru, 1945)
Non Justiciable
Justiciable Rights
Rights
▪ Fundamental Rights • Directive Principle
of State Policy
Article 12 – Definition of STATE
What is State?
Center State Other
Local
government & government & government
Authority
parliament of india state legislature Authority
Article 13 – Law inconsistent with fundamental rights
26 Jan 1950
Right to Equality(Article 14 -18)
• 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
Article 14
Equality before Law
➢ The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India
➢ The word person includes legal persons, viz, statutory corporations,
companies, registered societies, or any other type of legal person.
Rule of law
Equality before law
Equal protection of laws
Exceptions
• President , governor not answerable to any court fir performing their
duties .
• No Criminal proceeding during term of office .
• No Arrest during term
• Parliament member ( Article 105)
• State legislature ( Article 194)
• Foreign rulers, diplomats, Ambassadors
Article 15
only Prohibition of discrimination on grounds only
of religion, race, caste, sex or place of birth.
5
Article 15
State Private
Exceptions
Protective
discrimination
Other socially &
Women Child ST/SC educationally
backward class
ARTICLE 16
Equality of opportunity in matters of public employment.
Religion Sex
Race
Place of
birth/resident
Cast
Exceptions
Place of
Cast Religion 10% EWS
birth/resident
AP Not proper
Telangana representation
Article - 17
Abolition of Untouchability
➢ No Exception
➢ Untouchability offense Act 1955
Article - 18
Abolition of Titles
Raja Sahab Maharaja Dewan sahab Raj Bahadur Rai Bahadur
No title, not being a military or
academic distinction, shall be
conferred by the State
No citizen of India shall accept any title from any
foreign State
No person holding any office of profit or trust under the State shall,
without the consent of the President, accept any present,
emolument, or office of any kind from or under any foreign State.
Balaji Raghavan v. Union of India, 1996
Right to Freedom
Article 19 - 22
The right to freedom ensures citizens'
ability to live a dignified life, among other
things
Article 19
[Link] freedom of speech and expression
[Link] assemble peaceably and without arms
[Link] form associations or unions or co-operative societies
[Link] move freely throughout the territory of India
[Link] reside and settle in any part of the territory of India
[Link] practice any profession, or to carry on any occupation, trade or
business.
Article 20
Protection in respect of conviction for offenses
No Double
Ex-Post facto Law No Self-Incrimination
J Jeopardy
This Article Cant be suspended even during a national emergency
Article 21
Protection of life and
personal liberty
Right to Personal
life liberty
Article 21
•Right to live with human dignity. •Right to travel abroad.
•Right to the decent environment including pollution-free •Right against bonded labor.
water and air and protection •Right against custodial harassment.
•against hazardous industries. •Right to emergency medical aid.
•Right to livelihood. •Right to timely medical treatment in a government
•Right to privacy. hospital.
•Right to shelter. •Right not to be driven out of a state.
•Right to health. •Right to a fair trial.
•Right to free education up to 14 years of age. •Right of prisoner to have necessities of life.
•Right to free legal aid. •Right of women to be treated with decency and dignity
•Right against solitary confinement. •Right against public hanging.
•Right to a speedy trial. • Right to hearing.
•Right against handcuffing •Right to information.
•Right against inhuman treatment. •Right to reputation.
•Right against delayed execution. •Right of appeal from a judgment of conviction
•Right to social security and protection of the family
•Right to social and economic justice and empowerment
Article 21
No person shall be deprived of his life or personal liberty except
according to procedure established by law.”
Article 21
Due process of law
Article 21(a)
The 86th Constitution Amendment Act, 2002
inserted Article 21-A in the Constitution of
India to provide free and compulsory
education of all children in the age group of
six to fourteen years as a Fundamental Right
in such a manner as the State may, by law,
determine
Article 22
Protection against arrest and detention
in certain cases
Punitive detention preventive detention
Article 22
Protection against arrest and detention
in certain cases
Punitive preventive
detention detention
Article 22
Punitive
detention
➢ Right to be Informed, Right to consult and be defended by a legal
practitioner
➢ Right to be produced before a magistrate within 24 hour
➢ Right to be released unless the magistrate authorizes.
Article 22
preventive
detention
➢ Detention cannot exceed 3 months unless approved by an advisory board
➢ Right to be informed about grounds of detention
➢ Right to appeal
Right Against
Exploitation
Article 23 -24
Article 23
Prohibition of traffic in human beings and
forced labour
Article 24
Prohibition of employment of
children in factories
No child below the age of fourteen years shall be
employed to work in any factory or mine or engaged in
any other hazardous employment
Right to
freedom of
religion
Article 25 - 28
Article 25
Freedom of conscience free profession
practice propagation of religion
Article 25
❑ Hindus shall be construed as including a
reference to persons professing the Sikh,
Jain or Buddhist religion.
Article 26
Freedom to manage religious affairs.
(a) Freedom to establish and maintain institutions for religious and charitable
purposes
(b) to manage its own affairs in matters of religion
(c) to own and acquire movable and immovable property
(d) to administer such property in accordance with law.
Article 27
Freedom as to payment of taxes for the
promotion of any particular religion
Article 28
Freedom from attending religious instructions
administered by the recognized by the
State or established State or receiving aid
wholly maintained under any
out of State funds.
out of State funds endowment or trust.
Cultural and
educational rights
(Articles 29 – 30)
Article 29
Protection of interests of
minorities.
every section of citizens residing in any part of the country
have the right to protect and conserve its own distinct
language, script or culture (it provides the right to a
group/section/community of people).
Article 30
Right of Minorities to Establish and
Administer Educational Institutions
Article 32
Right to
constitutional
Remedies
Article 32
Article 32
”an article without which this
Constitution would be a nullity
— I could not refer to any
other article except this one
(Article 32). It is the very soul
of the Constitution and the
very heart of it.”
Article 32
Article 32 Article 226
Habeas Corpus Mandamus Prohibition Certiorari Quo-Warranto
Habeas Corpus
The Latin meaning of the word ‘Habeas Corpus’ is ‘To have the
body of.’ This writ is used to enforce the fundamental right of
individual liberty against unlawful detention
❖ Application of Habeas Corpus can be filed by person himself, parents,
wife , brother or even friends.
❖The Supreme Court or High Court can issue this writ against both
private and public authorities.
•Habeas Corpus can not be issued in the following cases:
• When detention is lawful
• When the proceeding is for contempt of a legislature or a
court.
• Detention is outside the jurisdiction of the court
Mandamus
❖ The literal meaning of this writ is ‘We command.’ This writ is
used by the court to order the public official who has failed to
perform his duty or refused to do his duty, to resume his work
Can not be Issued Against
❑Private individual or Body
❑Department Instructions
❑Against President & State Governors
❑Against Chief justice of high court
Prohibition
❖This writ is issued by the higher judicial body to lower
authorities in order to restrict their use of power because they
have extended their jurisdiction to act. This writ also ensures
that any government official does not act unfairly.
❖This writ can only be used against the judicial body and Quasi-judicial body.
❖This writ can not be issue against a private individual , legislative body or
Administrative Authority.
Certiorari
• This writ comes into play when the question of constitutional validity arises
and it is issued by the supreme court or by the high court to quash the
decision of the district court or lower courts .
• This writ issues when judgment is already given .
• This writ empowers the high court or the Supreme Court who can correct the
decision which is given by the lower court.
• Higher court can transfer the cases from the lower court ( Preventive function )
• Certiorari can be issue against administrative authorities also
Quo-Warranto
By what
Authority
IAS
Article 33
•Article 33 gives the Parliament the authority to limit or
abolish the fundamental rights of members of the armed
forces, paramilitary forces, police forces, intelligence
agencies, and similar forces.
Article 34
Indian Citizen Only Citizen and Foreigners
15 , 16 , 19 , 29 , 30 14 , 20 , 21 , 21(a) ,
22 ,23 , 24 , 25 , 26 ,
27 , 28
VANDE MAATRAM
