Chapter 2
Scope & Extent of Fundamental
Rights under Part III – Details of
Exercise of Rights, Limitations
and Important Cases.
WHY DO WE CALL THESE RIGHTS FUNDAMENTAL?
Fundamental rights afford a basis for the développement of an individuel.
The fundamental rights are in the core value and the bedrock of the Constitution.
Essential for betterment of society. balance between individual liberty and social
control.
The people and officiels of India are ought to enjoy these Rights.
“Right is a power claimed and recognized as contributing to common good”-
[Link].
NATURE & SCOPE OF FUNDAMENTAL
RIGHTS
Fundamental Rights are equal for all.
Fundamental Rights are justiciable – Article 32
Fundamental Rights are not absoluté.
They limit the authority of the central and state Governments.
Fundamental Rights distinguish between citizens and foreign nationals.
They May be suspended during emergency.
Parliament can amend Fundamental Rights.
SCOPE OF FUNDAMENTAL RIGHTS
• Fundamental rights provides adequate freedom.
• Guardian of the fundamental rights is supreme court.
• Fundamental rights enjoy highest status
• Fundamental rights available to non citizens.
• Establishes a balance between individual freedom and social controle
Fundamental Rights
(Part III Arts. 12 – 35)
• Fundamental Rights are borrowed from the Constitution of
United States (Bill of Rights)
• Fundamental Rights are enforceable in the courts at the
instance of any person whose fundamental right has been
infringed by any action of the State – executive or
legislative – and the remedies for enforcing these rights are
also guaranteed by the Constitution.
Fundamental Rights
(Part III Arts. 12 – 35)
• Article 12 & 13 definition in respect of state & law.
• Article :12. State includes the state government and
parliament of India governmental organizations with in the
territory of India.
• Article:13. Any law or executive order which offends
against a fundamental right is liable to be declared void by
the Supreme Court or the High Court.
Fundamental Rights
(Part III Arts. 12 – 35)
• Right to Equality-(Articles 14-18)
• Right to Freedom –(Articles 19-22)
• Right against Exploitation –(Articles 23&24)
• Right to Freedom of Religion-(Articles25-28)
• Cultural and Education Rights-(Articles29&30)
• Right to Property ( Repealed by 44 thAmendment
Act) (Article 31)
• Right to Constitutional Remedies (Article-32)
Fundamental Rights Contd..
• Right to Equality
Equality before law and Equal protection before law (Art. 14)
• Article-14(a) Absence of special privileges.
• Article -14(b) Equal under equal circumstances
• Prohibition of discrimination on ground of religion etc.
• (Art. 15)
• Equality of opportunity in employment (Art. 16)
• Abolition of untouchablility (Art. 17
Abolition of titles (Art. 18)
Equality before law and Equal protection before law (Art. 14)
• Article-14(a) Absence of special privileges. /.
• It means that every person, high or low, is subject to the
ordinary law of the land.
• Equality before law is termed a ‘negative’ concept because
of no special privilege in favour of any individual.
• Exceptions: Constitution heads of the state/Nation .
• Rulers of foreign countries.
• No person shall be liable to any civil /criminal proceedings,
if the news report as any true proceedings.(media transparency
Article14(b)Equal protection of law
• Equality of treatment under equal circumstances.
• The rule is that among the equal law should be equal.
• Equal protection of laws termed as a ‘positive’ concept , because it
expects positive actions from state.
• Example : Income tax law.
Prohibition of discrimination. (Art. 15)
• Art.15- Prohibits discrimination on many grounds.
• [Link] to the state, not to discrimination on the
grounds of religion ,caste, gender, place of birth or any
other similar grounds.
• Clause-2. prohibits both state & private. Not to make
discrimination Regarding access to public places.
• [Link] state to make special law in favour of
women & children
• Clause-4. enables the state to make special provisions for
SC-ST.
Equality of opportunity in employment (Art. 16)
• guaranties equality of opportunities to all Citizens. regards to
appointment to any office or any other employment.
• Exceptions:
• May be residence
• May reserve -posts for B.C( not on communal line)
• Reservation in. promotion in government jobs can be made in favour
of SC/ST.
• May provide reservation . i.e.,(mater for the state to decide)
• Laws regards to reservations has been laid down by9 judges bench of
Supreme court ,in indra sawhney V. Union of India(Mandal case)
Abolition of untouchabililty (Art. 17)
• Untouchability is abolished. It’s practices in any form is forbidden.
• The protection of civil rights act-1955. prescribe punishment-
• insulting on the grounds of untouchability/,preaching, justifying,
• Refusing admission, accesing public places, selling of goods. Etc..
Abolition of titles (Art. 18)
• State is prohibited from conferring any titles onany
person , however exceptions to this articles are..
• Academy awards,
• Hon. Doctorates.
• For exceptional service
• Towards the advancement of literature,
science&technology. public services & gallantry
awards.
Right to freedom (Art-19)
• Freedom of speech and expression. Art-19(a)
• Fredom of assembly. Art-19(b)
• Freedom of union/assosiation. Art-19(c)
• Freedom of movement/residence. Art-19(d)
• Freedom of reside /settle. Art-19( e)
• Freedom of profession. Art- 19(g)
Restrictions on exercise freedom of speech &
expression
• On the grounds of--
• Sovereignty &integrity
• Security of the state.
• Friendly relations with foreign country/states
• Public order.
• Decency/moralitycontempt of court
• Defamation.
• Incietment to an offence.
Protection in respect of conviction for
offencess-article -20
• Protection aginst-
• Ex- post –facto-law.-law making body is restricted
to impose retrospective penalties
• Double jeopardy.-no double prosecution for same
offence.
• Self incrimination .- self realization. /confessing.
Right to life and personal liberty-
article -21
• No person shall be deprive about life and personal
liberty .
• Exception – deprivation is ruled if according to
procedure of law established.
Case study-FUNDAMENTAL
RIGHTS
• [Link] India vs Nargesh meerza: AIR1981
• (Different in treatment to different classes of people
amounted violation of article -14.
• [Link] Gandhi v s Union of INDIA.
• THE SUPREME COURT declared part III should be
given widest possible interpretation.
• [Link] Dere vs Union of India.AIR2020
• Smoking in public places has to be banned.
Case study-FUNDAMENTAL
RIGHTS
• Continued..
• [Link] v s state of A.P. AIR-1993
• Capitation fee in professional institutions
• The supreme court held that “importing of education
is not and can not allowed to become commerce.”
• M.G. Mehatha vs union of India.
• Citizens to mount a public interest litigation to C.J.
• Of S.C.
