Origin, Purpose and Significance of Fundamental Rights
The Fundamental Rights are a set of basic human rights guaranteed to all citizens of India,
regardless of their race, religion, gender, or background. These rights are enshrined in Part III
of the Indian Constitution, which outlines the fundamental rights and freedoms that are
guaranteed to all citizens.
Origin: The Fundamental Rights have their origins in India's struggle for independence from
British colonial rule. The Indian National Congress, led by Mahatma Gandhi and other
freedom fighters, demanded that the Indian people be granted certain basic human rights,
such as the right to free speech, assembly, and religion. These demands were reflected in the
Indian Constitution, which was adopted in 1950.
Purpose: The purpose of the Fundamental Rights is to ensure that every citizen of India has
certain basic freedoms and protections against the arbitrary exercise of state power. These
rights are essential for the development of individual personality and the full realization of
human potential. They also serve as a check on the power of the government and protect
citizens from the tyranny of the majority. In essence, the Fundamental Rights form the
bedrock of democratic governance in India.
Significance: The significance of the Fundamental Rights in the Indian Constitution cannot
be overstated. They provide a legal framework for protecting the dignity and autonomy of
every citizen, regardless of their social or economic status. Some of the key rights guaranteed
under the Indian Constitution include the right to equality, the right to freedom, the right to
life and personal liberty, and the right to constitutional remedies. The right to equality
prohibits discrimination based on race, religion, caste, gender, or place of birth. The right to
freedom includes freedom of speech and expression, freedom of assembly, freedom of
religion, and freedom to move and reside within the country. The right to life and personal
liberty ensures that every citizen has the right to live with dignity and free from arbitrary
arrest or detention. Finally, the right to constitutional remedies allows citizens to seek
redressal for violations of their fundamental rights through the courts.
Article 12- Definition of State and concept of State Instrumentalities and agencies
The constitution of India is the common law of the land. Justice, equality, and liberty is
guaranteed by the constitution. The concept of the rule of law establishes “structure,
procedures, powers, and duties of the government institution.” Similarly, the notion of limited
government contains a set of fundamental rights, duties of citizens, and directive principles
which shall apply for “welfare state”. The state cannot take any action which is detrimental to
the fundamental rights of the people. Only the state’s actions can be challenged, and the
remedies will be available only against them. However, in the present era, the developments
in the field of privatisation and globalisation, there are many private entities which perform
works related to public importance. The limited enforcement of fundamental rights involves
serious implications and asks what would happen if private entities or non-state actors violate
individuals fundamental rights. Instruments of the state are those who perform any function
through an entrusted authority. Though they are duty-bound to work in consonance with the
constitution of India. In order to define instruments of state in an exhaustive manner, it shall
be a strenuous task for the lawmakers, in response to this the responsibility is on the courts to
extend the scope of instruments of state with relation to the constitution of India. However,
the words used under the definition of article 12 are of wide amplitude, moreover are
inclusive of comprehending authorities which have been formed under a statute and
“functioning within the territory of India, or under the control of the government of India.”
1. State Governments: The Constitution of India provides for a federal system of
government, in which power is divided between the central government and the state
governments. Each state has its own government, headed by a Chief Minister, and a Governor
appointed by the President of India. The state governments are responsible for matters such
as law and order, health, education, agriculture, and local governance.
2. State Legislature: Each state has a legislative assembly, which is responsible for making
laws for the state. The assembly consists of members elected by the people of the state
through a process of universal adult suffrage. The powers and functions of the state
legislature are laid down in the Constitution of India.
3. State Executive: The state executive consists of the Governor, the Chief Minister, and the
Council of Ministers. The Governor is appointed by the President of India, while the Chief
Minister and the Council of Ministers are appointed by the Governor. The state executive is
responsible for implementing the laws made by the state legislature.
4. State Judiciary: Each state has its own High Court, which is responsible for
administering justice within the state. The High Court is headed by a Chief Justice, and other
judges appointed by the President of India in consultation with the Chief Justice of India.
5. State Election Commission: The State Election Commission is responsible for conducting
elections to the local bodies, such as municipal corporations, municipal councils, and
panchayats.
6. State Public Service Commission: The State Public Service Commission is responsible
for conducting recruitment exams and making appointments to various posts in the state
government.
7. State Finance Commission: The State Finance Commission is responsible for making
recommendations to the Governor on matters related to the distribution of resources between
the state government and the local bodies.
8. State Human Rights Commission: The State Human Rights Commission is responsible
for investigating and addressing complaints related to human rights violations within the
state.
Article 13 -Judicial Review, Pre-constitutional and Post Constitutional Laws, Doctrine
of Ultra Vires, Doctrine of Eclipse, Doctrine of Severability and Doctrine of Waiver.
Article 13 provides the foundation for judicial review in India by declaring that:
All laws inconsistent with or in derogation of Fundamental Rights (Part III) are void.
This includes both pre-constitutional laws and post-constitutional laws.
It empowers the courts to strike down laws that violate fundamental rights.
Key Concepts under Article 13:
1.Judicial Review:
It refers to the power of the judiciary (Supreme Court and High Courts) to examine the
constitutionality of legislative enactments and executive orders.
Rooted in Article 13 and Articles 32 & 226. It ensures the supremacy of the Constitution
And acts as a safeguard for fundamental rights.
2.Pre-Constitutional and Post-Constitutional Laws:
Pre-Constitutional Laws: Laws made before 26th January 1950 (e.g., colonial laws). If
inconsistent with fundamental rights, they become void to the extent of inconsistency.
Post-Constitutional Laws: Laws made after the Constitution came into effect. Must conform
to fundamental rights from the outset, or will be declared void.
3.Doctrine of Ultra Vires:
A law is ultra vires (beyond powers) if it goes beyond the powers conferred by the
Constitution. Courts can strike down such laws for violating constitutional limits.
4. Doctrine of Eclipse:
Applies to pre-constitutional laws. A law inconsistent with fundamental rights is not void ab
initio but becomes inoperative(eclipsed) to the extent of inconsistency. It revives
automatically if the constitutional obstacle (e.g., an amendment) is removed.
Example: Bhikaji Narain Dhakras v. State of M.P.(1955)
5. Doctrine of Severability:
If only part of a law violates fundamental rights,only that part is struck down, and the rest
survives. The unconstitutional part must be separable from the valid portion.
Example:R.M.D. Chamarbaugwalla v. Union of India (1957)
6. Doctrine of Waiver:
Fundamental rights cannot be waived by individuals.One cannot voluntarily give up their
right and allow the state to override it.
Example:Basheshar Nath v. CIT (1959)
Important Case Laws:
1.A.K. Gopalan v. State of Madras (1950Early interpretation limiting Article 13; focused
on procedural law.
2.Golaknath v. State of Punjab (1967)Held that Parliament cannot amend Fundamental
Rights using Article 368.
3.Kesavananda Bharati v. State of Kerala (1973)Judicial review and basic structure
doctrine upheld.
4.Minerva Mills v. Union of India (1980)Reaffirmed judicial review as part of the basic
structure
5.State of Gujarat v. Ambica Mills (1974)Explained the Doctrine of Eclipse for
post-Constitutional laws affecting non-citizens.
6.Keshavan Madhava Menon v. State of Bombay (1951) First major ruling applying the
Doctrine of Eclipse
Article 14-18
Article 14 – Equality before Law and Equal Protection of Laws
Key Principles:
1. Equality before law: No person is above the law (British concept).
2. Equal protection of laws: Equal treatment in similar circumstances (American
concept).
3. Allows reasonable classification, not arbitrary discrimination.
Doctrines:
● Doctrine of Reasonable Classification: Classification must be based on intelligible
differentia and have a rational nexus with the object sought.
● Doctrine of Arbitrariness: Any arbitrary state action violates Article 14.
Important Cases:
1. E.P. Royappa v. State of Tamil Nadu (1974) Arbitrariness inequality.
2. Maneka Gandhi v. Union of India (1978) Due process doctrine added to Article 14.
3. Ajay Hasia v. Khalid Mujib (1981) Expanded the test for State under Article 12.
Article 15 – Prohibition of Discrimination
Grounds Prohibited:
● Religion, race, caste, sex, place of birth.
Exceptions:
Special provisions allowed for:
● Women and children.
● SEBCs, SCs, and STs (e.g., reservations in education).
Important Cases:
1. State of Madras v. Champakam Dorairajan (1951) – Caste-based reservation struck
down; led to 1st Constitutional Amendment.
2. Ashoka Kumar Thakur v. Union of India (2008) – Upheld 27% OBC reservation with
creamy layer exclusion.
3. Indian Medical Association v. Union of India (2011) – Upheld minority reservations
in educational institutions.
Article 16 – Equality of Opportunity in Public Employment
Key Elements:
● No discrimination on the same five grounds as Article 15.
● Equal opportunity for employment under the State
Allows reservation for:
● Backward classes (16(4))
● Inadequate representation (16(4))
● Persons with disabilities (16(1))
Important Cases:
1. Indra Sawhney v. Union of India (1992) – 27% OBC reservation upheld; 50% ceiling
introduced.
2. M. Nagaraj v. Union of India (2006) – Reservation in promotions allowed with
conditions.
3. Jarnail Singh v. Lachhmi Narain Gupta (2018) – “Creamy layer” concept extended to
SC/STs in promotions.
Article 17 – Abolition of Untouchability
Essence:
● Untouchability is abolished and its practice in any form is forbidden.
● Offense is punishable by law
Statutory Law:
● Protection of Civil Rights Act, 1955
● SC/ST (Prevention of Atrocities) Act, 1989
Important Cases:
● People’s Union for Democratic Rights v. Union of India (1982) – Bonded labor
system = a form of untouchability.
● State of Karnataka v. Appa Balu Ingale (1993) – Recognized practice of
untouchability in social contexts.
● Safai Karamchari Andolan v. Union of India (2014) – Directed end to manual
scavenging.
Article 18 – Abolition of Titles
Key Provisions:
● No titles (except military or academic distinctions) to be conferred by the State.
● Citizens must not accept titles from foreign states.
● Prohibits foreign awards for public office holders without the president's consent.
Important Cases:
1. Balaji Raghavan v. Union of India (1996) – National awards (Padma awards) not titles
under Article 18.
2. Indira Jaising v. Supreme Court of India (2017) – Senior Advocate designation under
Article 18 not hit by title prohibition.
3. Javed Habib v. Union of India (2020) – Reiterated restriction on misuse of titles.
Article 19 – Protection of Certain Rights Regarding Freedom of Speech, etc.
Available to: Only citizens of India (not foreigners or corporations)
Clause(1):SixFundamental Freedoms
1. Freedom of speech and expression
● Includes: Press freedom, right to silence, artistic expression, internet speech, etc.
2. Freedom to assemble peacefully and without arms
● Includes: Public meetings, rallies, protests.
3. Freedom to form associations or unions or cooperative societies
● Includes: Trade unions, political parties, NGOs, etc.
4. Freedom to move freely throughout the territory of India
5. Freedom to reside and settle in any part of the territory of India
6. Freedom to practice any profession, or to carry on any occupation, trade, or
business
Clause (2) to (6): Reasonable Restrictions
Each freedom is not absolute—the Constitution allows the State to impose reasonable
restrictions in the interest of specific public needs:
Freedom Restrictions Allowed (Articles 19(2)–(6))
Speech & Sovereignty & integrity of India, security of the state, friendly relations
Expression with foreign states, public order, decency or morality, contempt of
(19(1)(a)) court, defamation, incitement to offence
Assembly Sovereignty & integrity of India, public order
(19(1)(b))
Association Sovereignty & integrity of India, public order, morality
(19(1)(c))
Movement Interests of the general public, protection of SCs/STs
(19(1)(d))
Residence Interests of the general public, protection of SCs/STs
(19(1)(e))
Profession Interest of the general public; professional, technical or educational
(19(1)(g)) qualifications may be prescribed; State can monopolize certain trades
for public interest
Important Case Laws:
● Romesh Thappar v. State of Madras (1950)Freedom of the press included
freedom of speech.
● Maneka Gandhi v. Union of India (1978)Linked Article 19 with Articles 14 and
21—broadened the scope of personal liberty.
Recent Developments:
● Internet Freedom: Anuradha Bhasin v. Union of India (2020) – Internet is a
medium for exercising freedom of speech.
● Right to Protest: Shaheen Bagh case (2021) – Protest must not cause obstruction
to public ways.
2.4Fundamental rights under Articles 20 and 22
Article 20 – Protection in Respect of Conviction for Offences
Article 20 provides protection to persons accused of crimes, ensuring that penal laws are
applied justly and fairly. It is available to both citizens and non-citizens.
Three Safeguards under Article 20:
1. Ex-post facto law (Article 20(1))
● No person shall be convicted for an act that was not an offence at the time it was
committed, nor can a greater penalty be imposed than what was applicable at the
time.
● Protection: Only against criminal laws, not civil or tax laws.
● Allowed: Beneficial retrospective laws
● Not Allowed: Retrospective penal laws
Case Law:
● Kedar Nath v. State of West Bengal (1953) – Protection from retrospective criminal
liability.
2. Double jeopardy (Article 20(2))
● No person shall be prosecuted and punished for the same offence more than once.
● Applies only to judicial punishment, not departmental or civil proceedings.
Case Law:
● Maqbool Hussain v. State of Bombay (1953) – Custom authorities’ action is not
"prosecution"; double jeopardy did not apply.
3. Self-incrimination (Article 20(3))
● No person accused of an offence shall be compelled to be a witness against himself.
● Applies only to the accused in criminal proceedings.
● Extends to oral testimony, but not to physical evidence like fingerprints or blood
samples.
Case Law:
● Nandini Satpathy v. P.L. Dani (1978) – Right includes the right to remain silent during
interrogation.
Article 22 – Protection Against Arrest and Detention
Article 22 provides safeguards to persons arrested or detained under both ordinary laws and
preventive detention laws.
A. Rights of Arrested Persons (Clauses 1 & 2):
Applicable to ordinary arrests (not preventive detention).
1. Right to be informed of the reason for arrest.
2. Right to consult and be defended by a legal practitioner of choice.
3. Right to be produced before a magistrate within 24 hours.
4. No detention beyond 24 hours without magistrate’s permission.
Case Law:
● DK Basu v. State of West Bengal (1997) – Laid down detailed arrest and detention
guidelines.
B. Preventive Detention (Clauses 3 to 7):
Special rules for preventive detention, where a person is detained to prevent a crime
(not for a past offence).
Key Provisions:
● Can detain a person without trial for a limited time.
● Max. period: 3 months, unless an Advisory Board of High Court judges extends it.
● Detainee must be informed of grounds of detention.
● Right to representation (but not full legal representation).
● Parliament can prescribe longer detention periods (e.g., under NSA, COFEPOSA,
etc.).
Case Law:
● A.K. Gopalan v. State of Madras (1950) – Upheld wide powers under preventive
detention.
● Maneka Gandhi v. Union of India (1978) – Strengthened procedural fairness even in
preventive detention.
● Alijav v. District Magistrate, Dhanbad (1973) – Detention order must be based on
relevant and specific material.
2.5 Article 21 and 21A - Right to life and personal liberty and right to education
Article 21 – Protection of Life and Personal Liberty
Text:
"No person shall be deprived of his life or personal liberty except according to procedure
established by law.”
Available to: Both citizens and non-citizens
Key Concepts Under Article 21:
1. Right to Life:
● Not merely animal existence, but a life with dignity, health, shelter, and
education.
● Includes clean environment, livelihood, privacy, travel, reputation, etc.
2. Right to Personal Liberty:
● Covers all aspects of individual freedom—movement, expression, bodily
autonomy, etc.
3. Due Process of Law (Post-Maneka Gandhi era):
● Procedure must be just, fair, and reasonable (not arbitrary or oppressive).
Landmark Expansions of Article 21:
Right Recognized Case Law
Right to live with dignity Francis Coralie v. Union Territory of Delhi
(1981)
Right to livelihood Olga Tellis v. Bombay Municipal Corp.
(1985)
Right to privacy Justice K.S. Puttaswamy v. Union of India
(2017)
Right to health and medical care Paschim Banga Khet Mazdoor Samity v.
State of West Bengal (1996)
Right to clean environment Subhash Kumar v. State of Bihar (1991)
Right against custodial violence DK Basu v. State of West Bengal (1997)
Right to die with dignity Common Cause v. Union of India (2018) –
Passive euthanasia allowed
Right to travel abroad Maneka Gandhi v. Union of India (1978)
Article 21A – Right to Education
Inserted by: 86th Constitutional Amendment, 2002
Text:
"The State shall provide free and compulsory education to all children of the age of six to
fourteen years in such manner as the State may, by law, determine.”
Available to: Only citizen children aged 6–14 years.
Associated Legislation:
● Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)
● Free education in neighborhood schools.
● 25% reservation for weaker sections in private schools.
● No detention policy till Class 8.
Key Case Laws:
1. Mohini Jain v. State of Karnataka (1992)
● Right to education is a part of right to life (prior to 86th amendment).
2. Unni Krishnan v. State of Andhra Pradesh (1993)
● Recognized the right to education as fundamental up to age 14.
3. Society for Unaided Private Schools v. Union of India (2012)
● Upheld RTE Act’s 25% quota in private schools as constitutional.
