Introduction

• The Fundamental Rights are enshrined in Part III of the Constitution from
Articles 12 to 35.
• The framers of the Constitution derived inspiration from the Constitution of
USA (i.e., Bill of Rights).
• Part III of the Constitution is rightly described as the Magna Carta of India.

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• It contains a very long and comprehensive list of ‘justiciable’ Fundamental
Rights.
• The Fundamental Rights are guaranteed by the Constitution to all persons
without any discrimination. **
• They uphold the equality of all individuals, the dignity of the individual, the
larger public interest and unity of the nation.
• In the original Constitution 7 Fundamental Rights are mentioned
1. Right to equality (Articles 14–18)
2 .Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)

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6. Right to property (Article 31)
7. Right to constitutional remedies (Article 32)

• The right to property was deleted from the list of Fundamental Rights by the 44th
Amendment Act, 1978.
• It is made a legal right under Article 300-A in Part XII of the Constitution. So at present,
there are only six types of Fundamental Rights.
Fundamental Rights

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 Features of the Fundamental Rights:

• Some of them are available only to the citizens while others are available to
all.
• The state can impose reasonable restrictions on them.
• However, whether such restrictions are reasonable or not is to be decided by
the courts.

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• They are justiciable, allowing persons to move the courts for their
enforcement, if and when they are violated.
• They can be suspended during the operation of a National Emergency except
the rights guaranteed by Articles 20 and 21.
• Further, the six rights guaranteed by Article 19 can be suspended only when
emergency is declared on the grounds of war or external aggression (i.e.,
external emergency) and not on the ground of armed rebellion (i.e., internal
emergency).
• They can be suspended during the operation of a National Emergency except
the rights guaranteed by Articles 20 and 21.

• Further, the six rights guaranteed by Article 19 can be suspended only when
emergency is declared on the grounds of war or external aggression (i.e.,
external emergency) and not on the ground of armed rebellion (i.e., internal

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emergency).
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• Their scope of operation is limited by
 Article 31A (saving of laws providing for acquisition of estates, etc.),
 Article 31B (validation of certain acts and regulations included in the 9th
Schedule)
 Article 31C (saving of laws giving effect to certain directive principles).

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• Their application to the members of armed forces, para-military forces, police
forces, intelligence agencies and analogous services can be restricted or
abrogated by the Parliament (Article 33).
 • Their application can be restricted while martial law is in force in any area.

(Note: Martial law means ‘military rule’ imposed under abnormal circumstances
to restore order (Article 34). It is different from the imposition of national
emergency.)

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• Most of them are directly enforceable (self-executory) while a few of them
can be enforced on the basis of a law made for giving effect to them.
 Article 12
Article 12 has defined the term ‘STATE’ for the purposes of Part III.
According to it, the State includes the following:
(a)Government and Parliament of India, that is, executive and legislative organs of the
Union government.
(b) Government and legislature of states, that is, executive and legislative organs of state

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government.
(c) All local authorities, that is, municipalities, panchayats, district boards, improvement
trusts, etc.
(d) All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC,
SAIL, etc.
*Note:
According to the Supreme Court, even a private body or an agency working as an
instrument of the State falls within the meaning of the ‘State’ under Article 12.
 Article 13

• Article 13 declares that all laws that are inconsistent with or in derogation of
any of the fundamental rights shall be void.
• In other words, it expressively provides for the doctrine of judicial review.
• This power has been conferred on the Supreme Court (Article 32) and the
high courts (Article 226) that can declare a law unconstitutional and invalid on

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the ground of contravention of any of the Fundamental Rights.
*Note:
The words Judicial Review are not mentioned in the Constitution.
 Article 14: Equality before Law and Equal Protection of Law

• Article 14 says that the State shall not deny to any person equality before the
law or the equal protection of the laws within the territory of India.

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• The concept of

‘equality before law’ is of - British origin

‘equal protection of laws’ is of - American Constitution.

The first concept - ‘equality before law’ means :

(a) the absence of any special privileges in favour of any person,

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(b) the equal subjection of all persons to the ordinary law of the land
administered by ordinary law courts, and

(c) no person (whether rich or poor, high or low, official or non-official) is

above the law.
• The second concept(equal protection of laws), on the other hand,
connotes:
(a) the equality of treatment under equal circumstances, both in the
privileges conferred and liabilities imposed by the laws,

(b) the similar application of the same laws to all persons who are similarly
situated, and

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(c) the like should be treated alike without any discrimination.
Exceptions to Right to Equality
The rule of equality before law is not absolute and there are constitutional and other
exceptions to it.

. The President of India and the Governor of States enjoy the following immunities

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(Article 361):
(i) not answerable to any court for the exercise and performance of the powers and
duties of office.

(ii) No criminal proceedings shall be instituted or continued against them in any court
during term of office.
(iii) No process for the arrest or imprisonment of them shall be issued from
any court during term of office.

(iv) No civil proceedings against them shall be instituted during term of office

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in any court in respect of any act done by him in his personal capacity,
whether before or after he entered upon his office.
2 months notice has to be given ,only then proceedings can begin
 Article 15: Prohibition of Discrimination on Certain Grounds

• Article 15 provides that the State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex or place of birth.

• The 2nd provision of Article 15 says that no citizen shall be subjected to any
disability, liability, restriction or condition on grounds only of religion, race,
caste, sex, or place of birth with regard to
(a) access to shops, public restaurants, hotels and places of public entertainment; or
(b) the use of wells, tanks, bathing ghats, road and places of public resort maintained
wholly or partly by State funds or dedicated to the use of general public.

This provision prohibits discrimination both by the State and private individuals,
while the first provision prohibits discrimination only by the State.
 Article 16: Equality of Opportunity in Public Employment

• Article 16 provides for equality of opportunity for all citizens in

matters of employment or appointment to any office under the State.

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• No citizen can be discriminated against or be ineligible for any
employment or office under the State on grounds of only religion,
race, caste, sex, descent, place of birth or residence.
Mandal Commission
• 1979 – Morarji Desai govt
• Second Backward Classes Commission constituted under the
chairmanship of B P Mandal

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• 52% component of the population –OBCs – suggested 27%
reservation

• 1990 – VP Singh govt implemented the report finally - 27%

reservation given to OBC/BC
 Article 17:Abolition of Untouchability

• Article 17 abolishes ‘untouchability’ and forbids its practice in any form.

• The enforcement of any disability arising out of untouchability shall be an
offence punishable in accordance with law.

Untouchability (Offences ) Act, 1955 was framed accordingly

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The act declares the following acts as offences:
(a)preventing any person from entering any place of public worship or from
worshipping therein;

(b) justifying untouchability on traditional, religious, philosophical or other

grounds;
(c) denying access to any shop, hotel or places of public entertainment;

(d) insulting a person belonging to scheduled caste on the ground of

untouchability;

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(e) refusing to admit persons in hospitals, educational institutions or hostels
established for public benefit;

(f) preaching untouchability directly or indirectly; and

(g) refusing to sell goods or render services to any person.

 Article 18: Abolition of Titles

Article 18 abolishes titles and makes four provisions in that regard:

(a)It prohibits the state from conferring any title (except a military or academic
distinction) on any body, whether a citizen or a foreigner.

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(b)It prohibits a citizen of India from accepting any title from any foreign state.

(c)A foreigner holding any office of profit or trust under the state cannot accept
any title from any foreign state without the consent of the president.

(d)No citizen or foreigner holding any office of profit or trust under the State is to
accept any present, emolument or office from or under any foreign State without
the consent of the president.
Note:
In 1996, the Supreme Court , in Balaji Raghavan vs. Union of India
upheld the constitutional validity of the National Awards—Bharat Ratna, Padma
Vibhushan, Padma Bhushan and Padma Sri.

It ruled that these awards do not amount to ‘titles’ within the meaning of Article

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18 that prohibits only hereditary titles of nobility.
However, it also ruled that they should not be used as suffixes or prefixes to the
names of awardees. Otherwise, they should forfeit the awards.

**In December 2013 the High Court of Andhra Pradesh ordered two cinema
personalities Mohan Babu and Bramhanandam to surrender ‘Padma Sri’ to the
President.
These National Awards were instituted in 1954.

The Janata Party government headed by Morarji Desai discontinued

them in 1977.

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But they were again revived in 1980 by the Indira Gandhi government.
 Article 19: Protection of Six Rights

Article 19 guarantees to all citizens the six rights. These are:

(i) Right to freedom of speech and expression.
(ii) Right to assemble peaceably and without arms.
(iii) Right to form associations or unions or co-operative societies**
(iv) Right to move freely throughout the territory of India.
(v) Right to reside and settle in any part of the territory of India.
(vi) Right to practice any profession or to carry on any occupation, trade or business.

Originally, Article 19 contained seven rights.

But, the right to acquire, hold and dispose of property was deleted by the 44th
Amendment Act of 1978.
*Note: Freedom of Speech and Expression
The Supreme Court held that the freedom of speech and expression includes the
following:
(a)Right to propagate one’s views as well as views of others.
(b)Freedom of the press.
(c)Freedom of commercial advertisements.
(d)Right against tapping of telephonic conversation.
(e)Right to telecast, that is, government has no monopoly on electronic media.
(f)Right against bundh called by a political party or organisation.
(g)Right to know about government activities.
(h)Freedom of silence.
(i)Right against imposition of pre-censorship on a newspaper.
(j)Right to demonstration or picketing but not right to strike.
 Article 20: Protection in Respect of Conviction for Offences

Article 20 grants protection against arbitrary and excessive punishment to an accused

person, whether citizen or foreigner or legal person like a company or a corporation.
It contains three provisions in that direction:
(a)No ex-post-facto law: No person shall be
(i) convicted of any offence except for violation of a law in force at the time of the
commission of the act, (EX- TADA,POTA)
(ii) subjected to a penalty greater than that prescribed by the law in force at the time of
the commission of the act.
(b) No double jeopardy: No person shall be prosecuted and punished for the same offence
more than once.
(c) No self-incrimination: No person accused of any offence shall be compelled to be a
witness against himself.
 Article 21: Protection of Life and Personal Liberty

• Article 21 declares that no person shall be deprived of his life or personal

liberty except according to procedure established by law.
• This right is available to both citizens and non-citizens.
• It also ruled that the expression ‘Personal Liberty’ in Article 21 is of the
widest amplitude and it covers a variety of rights that go to constitute the
personal liberties of a man.
It has declared the following rights as part of Article 21:

(1) Right to live with human dignity.

(2) Right to decent environment including pollution free water and air and protection
against hazardous industries.
(3) Right to livelihood.
(4) Right to privacy.
(5) Right to shelter.
(6) Right to health.
(7) Right to free education up to 14 years of age.
(8) Right to free legal aid.
(9) Right against solitary confinement.
(10) Right to speedy trial.
(11) Right against handcuffing.
(12) Right against inhuman treatment.
(13) Right against delayed execution.
(14) Right to travel abroad.
(15) Right against bonded labour.
(16) Right against custodial harassment.
(17) Right to emergency medical aid.
(18) Right to timely medical treatment in government hospital.
(19) Right not to be driven out of a state.
(20) Right to fair trial.
(21) Right of prisoner to have necessities of life.
(22) Right of women to be treated with decency and dignity.
(23) Right against public hanging.
(24) Right to hearing.
(25) Right to information.
(26) Right to reputation.
(27) Right of appeal from a judgement of conviction
(28) Right to social security and protection of the family
(29) Right to social and economic justice and empowerment
(30) Right against bar fetters
(31) Right to appropriate life insurance policy
(32) Right to sleep
(33) Right to freedom from noise pollution
(34) Right to electricity
 Article 21 A: Right to Education

• Right to free and compulsory education for all the children aged 6-
14
• Elementary education = fundamental right

*Note: This was present in article 45 of the Constitution (DPSP).

Through 86th Amendment act 2002, it was made a fundamental right.
This came into force on April, 2010.
Also added Fundamental duty 51 A (k)
 Article 22: Protection Against Arrest and Detention.

Article 22 grants protection to persons who are arrested or detained.

Detention is of two types
1. Punitive detention is to punish a person for an offence committed by him after trial
and conviction in a court.
2. Preventive detention ,means detention of a person without trial and conviction by
a court.
Its purpose is not to punish a person for a past offence but to prevent him from
committing an offence in the near future. Thus, preventive detention is only a
precautionary measure and based on suspicion
 • The Article 22 has two parts—the first part deals with the cases of ordinary law and the
second part deals with the cases of preventive detention law.

(a) The first part of Article 22 confers the following rights on a person who is arrested
or detained under an ordinary law (punitive):

(i) Right to be informed of the grounds of arrest.

(ii) Right to consult and be defended by a legal practitioner.
(iii) Right to be produced before a magistrate within 24 hours, excluding the journey time
(iv) Right to be released after 24 hours unless the magistrate authorises further
detention.

These safeguards are not available to an alien or a person arrested or detained under a
preventive detention law.
(b) The second part of Article 22 grants protection to persons who are arrested or
detained under a preventive detention law.
(i) The detention of a person cannot exceed three months unless an advisory board
reports sufficient cause for extended detention. The board is to consist of judges
of a high court.

This protection is available to both citizens as well as aliens

Article 22 also authorises the Parliament to prescribe
(a) the circumstances and the classes of cases in which a person can be detained for
more than three months under a preventive detention law without obtaining the
opinion of an advisory board;
(b) the maximum period for which a person can be detained in any classes of cases
under a preventive detention law; and
(c) the procedure to be followed by an advisory board in an inquiry.

The 44th Amendment Act of 1978 has reduced the period of detention without
obtaining the opinion of an advisory board from three to two months. However,
this provision has not yet been brought into force, hence, the original period of
three months still continues.
 Article 23: Prohibition of Traffic in Human Beings and Forced
Labour

• Article 23 prohibits traffic in human beings, begar (forced labour) and other
similar forms of forced labour.
• Any contravention of this provision shall be an offence punishable in
accordance with law.
• This right is available to both citizens and non-citizens.
• It protects the individual not only against the State but also against private
persons.
 Article 24: Prohibition of Employment of Children in Factories

• Article 24 prohibits the employment of children below the age of 14 years in

any factory, mine or other hazardous activities like construction work or
railway.
• But it does not prohibit their employment in any harmless or innocent work.

In 2006, the government banned the employment of children as domestic

servants or workers in business establishments like hotels, dhabas, restaurants,
shops, factories, resorts, spas, tea-shops and so on.
Anyone employing children below 14 years of age would be liable for prosecution
and penal action.
Child Labour Amendment (2016)

• The Child Labour (Prohibition and Regulation) Amendment Act, 2016, amended
the Child Labour (Prohibition and Regulation) Act, 1986.

• It has renamed the Principal Act as the Child and Adolescent Labour (Prohibition
and Regulation) Act, 1986.

• The Amendment Act prohibits

the employment of children below
14 years in all occupations and processes.
• Earlier, this prohibition was applicable to 18 occupations and 65 processes.
• Further, the Amendment Act prohibits the employment of adolescents (14
to 18 years of age) in certain hazardous occupations and processes.
• The Amendment Act also introduces more stringent punishment for the
offenders. It is an imprisonment of 6 months to 2 years, or a fine of 20,000
to 50,000, or both.
• In case of repeated offences, the imprisonment is of 1 year to 3 years
Article 25: Freedom of Conscience and Free Profession, Practice and
Propagation of Religion

• All persons are equally entitled to:

(a) Freedom of conscience: Inner freedom of an individual to mould his
relation with God or Creatures in whatever way he desires.
(b) Right to profess: Declaration of one’s religious beliefs and faith openly
and freely.
(c) Right to practice: Performance of religious worship, rituals, ceremonies
and exhibition of beliefs and ideas.
(d) Right to propagate: Transmission and dissemination of one’s religious
beliefs to others or exposition of the tenets of one’s religion.
• But, it does not include a right to convert another person to one’s own
religion. Forcible conversions impinge on the ‘freedom of conscience’
guaranteed to all the persons alike.
• Available to all persons—citizens as well as non-citizens.
 Article 26: Freedom to Manage Religious Affairs

• According to Article 26, every religious denomination or any of its section

shall have the following rights:

(a)Right to establish and maintain institutions for religious and charitable

purposes;
(b)Right to manage its own affairs in matters of religion;
(c)Right to own and acquire movable and immovable property; and
(d)Right to administer such property in accordance with law.
Article 25 guarantees rights of individuals,
Article 26 guarantees rights of religious denominations or their sections.

In other words, Article 26 protects collective freedom of religion.

Like the rights under Article 25, the rights under Article 26 are also subject to
public order, morality and health but not subject to other provisions
relating to the Fundamental Rights.
 Article 27: Freedom from Taxation for Promotion of a Religion

• Article 27 lays down that no person shall be compelled to pay any taxes for
the promotion or maintenance of any particular religion or religious
denomination.

• The State should not spend the public money collected by way of tax for the
promotion or maintenance of any particular religion.
• This provision prohibits the State from favouring, patronising and supporting
one religion over the other.
• This means that the taxes can be used for the promotion or maintenance of
all religions.
 Article 28: Freedom from Attending Religious Instruction.

• Under Article 28, no religious instruction shall be provided in any educational

institution wholly maintained out of State funds.

• However, this provision shall not apply to an educational institution

administered by the State but established under any endowment or trust,
requiring imparting of religious instruction in such institution.
Article 28 distinguishes between four types of educational institutions:
(a) Institutions wholly maintained by the State.
(b) Institutions administered by the State but established under any
endowment/trust.
(c) Institutions recognised by the State.
(d) Institutions receiving aid from the State.

(a)- religious instruction is completely prohibited

(b) - religious instruction is permitted.

(c), (d) - religious instruction is permitted on a voluntary basis.

 Article 29: Protection of Interests of Minorities

• Article 29 provides that any section of the citizens residing in any part of India
having a distinct language, script or culture of its own, shall have the right to
conserve the same.

• No citizen shall be denied admission into any educational institution

maintained by the State or receiving aid out of State funds on grounds only of
religion, race, caste, or language.
• Article 29 grants protection to both religious minorities as well as linguistic
minorities.
• However, the Supreme Court held that the scope of this article is not
necessarily restricted to minorities only, as it is commonly assumed to be.
• This is because of the use of words ‘section of citizens’ in the Article that
include minorities as well as majority.
 Article 30: Right of Minorities to Establish and Administer
Educational Institution

Article 30 grants the following rights to minorities, whether religious or linguistic:

(a) All minorities shall have the right to establish and administer educational
institutions of their choice.

(b) The compensation amount fixed by the State for the compulsory acquisition
of any property of a minority educational institution shall not restrict or abrogate
the right guaranteed to them.

(c) In granting aid, the State shall not discriminate against any educational
institution managed by a minority.
• The right under Article 30 also includes the right of a minority to impart
education to its children in its own language.
• The protection under Article 30 is confined only to minorities (religious or
linguistic) and does not extend to any section of citizens (as under Article
29).

** The term ‘minority’ has not been defined anywhere in the Constitution.
 Right to Constitutional Remedies (Article 32)

• A mere declaration of fundamental rights in the Constitution is meaningless,

useless and worthless without providing an effective machinery for their
enforcement, if and when they are violated.
• Hence, Article 32 confers the right to remedies for the enforcement of the
fundamental rights of an aggrieved citizen.

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• the right to get the Fundamental Rights protected is in itself a fundamental
right. This makes the fundamental rights real. That is why Dr Ambedkar called
Article 32 as the most important article of the Constitution—‘an Article
without which this constitution would be a nullity. It is the very soul of the
Constitution and the very heart of it’.
• The Supreme Court has ruled that Article 32 is a basic feature of the
Constitution.
 What is a ‘WRIT’ ?

• A writ is a formal written order issued by a body with administrative or

judicial jurisdiction.
• In India,
the Supreme Court (under Article 32) and the

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high courts (under Article 226)
can issue the writs of habeas corpus, mandamus, prohibition, certiorari and
quo-warranto.
• These writs are borrowed from English law.
 The writ jurisdiction of the Supreme Court differs from that of a high court in three
respects:
1. The Supreme Court can issue writs only for the enforcement of fundamental
rights whereas a high court can issue writs not only for the enforcement of
Fundamental Rights but also for any other purpose (legal rights)
HC scope >> SC scope

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2. SC jurisdiction >> HC jurisdiction

3. Supreme Court may not refuse to exercise its writ jurisdiction.

a remedy under Article 226 is discretionary and hence, a high court may refuse to
exercise its writ jurisdiction.

The Supreme Court is constituted as a defender and guarantor of the fundamental

rights.
Habeas Corpus

• It is a Latin term which literally means ‘to have the body of’.

• It is an order issued by the court to a person who has detained another

person, to produce the body of the latter before it.

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• The writ of habeas corpus can be issued against both public authorities as
well as private individuals.
 Mandamus

• It literally means ‘we command’.

• It is a command issued by the court to a public official asking him to perform

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his official duties that he has failed or refused to perform.

• It can also be issued against any public body, a corporation, an inferior court,
a tribunal or government for the same purpose.
• The writ of mandamus cannot be issued
(a) against a private individual or body;
(b) against the president of India or the state governors; and
(c) against the chief justice of a high court acting in judicial capacity.

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 Prohibition

• Literally, it means ‘to forbid’.

• It is issued by a higher court to a lower court or tribunal to prevent the latter

from exceeding its jurisdiction or usurping a jurisdiction that it does not
possess.

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• Thus, unlike mandamus that directs activity, the prohibition directs inactivity.

• The writ of prohibition can be issued only against judicial and quasi-judicial
authorities.
• It is not available against administrative authorities, legislative bodies, and
private individuals or bodies.
 Certiorari

• In the literal sense, it means ‘to be certified’ or ‘to be informed’.

• It is issued by a higher court to a lower court or tribunal either to transfer a
case pending with the latter to itself or to squash the order of the latter in a
case.
• It is issued on the grounds of excess of jurisdiction or lack of jurisdiction or

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error of law.
• Thus, unlike prohibition, which is only preventive, certiorari is both
preventive as well as curative.
• Previously, the writ of certiorari could be issued only against judicial and
quasi-judicial authorities and not against administrative authorities.
• Like prohibition, certiorari is also not available against legislative bodies and
private individuals or bodies.
Quo-Warranto
• In the literal sense, it means ‘by what authority or warrant’.
• It is issued by the court to enquire into the legality of claim of a person to a
public office.
• The writ can be issued only in case of a substantive public office of a
permanent character created by a statute or by the Constitution. It cannot be

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issued in cases of ministerial office or private office.
 Armed Forces and Fundamental Rights

Article 33
• Article 33 empowers the Parliament to restrict or abrogate the fundamental
rights of the members of armed forces, para-military forces, police forces,
intelligence agencies and analogous forces.
• The objective of this provision is to ensure the proper discharge of their

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duties and the maintenance of discipline among them.
 Article 34

• Article 34 provides for the restrictions on fundamental rights while martial

law is in force in any area within the territory of India.

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Martial Law vs. National Emergency

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 Article 35

• Article 35 lays down that the power to make laws, to give effect to certain
specified fundamental rights shall vest only in the Parliament and not in the
state legislatures.

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Right to Property
• Originally, the right to property was one of the seven fundamental rights
under Part III of the Constitution.
• Article 19(1)(f) guaranteed to every citizen the right to acquire, hold and
dispose of property.

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• Article 31, on the other hand, guaranteed to every person, whether citizen
or non-citizen, right against deprivation of his property.
• It provided that no person shall be deprived of his property except by
authority of law.
It empowered the State to acquire or requisition the property of a person on two
conditions:

(a) it should be for public purpose, and

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(b) it should provide for payment of compensation (amount) to the owner.
• 44th Amendment Act of 1978 abolished the right to property as a
Fundamental Right by repealing Article 19(1)(f) and Article 31
• Instead, the Act inserted a new Article 300A in Part XII under the heading
‘Right to Property’.

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• It provides that no person shall be deprived of his property except by
authority of law.
• Thus, the right to property still remains a legal right or a constitutional
right, though no longer a fundamental right. (it can be changed/modified by
law now)
• It is not a part of the basic structure of the Constitution.