FUNDAMENTAL RIGHTS

INTRODUCTION
 Articles 12-35 of Indian Constitution deal with Fundamental
Rights. These human rights are conferred upon the citizens of
India for the Constitution tells that these rights are inviolable.
Right to Life, Right to Dignity, Right to Education etc. all
come under one of the six main fundamental rights.
WHAT ARE FUNDAMENTAL RIGHTS
 Fundamental rights are the basic human rights enshrined in the
Constitution of India which are guaranteed to all citizens. They are
applied without discrimination on the basis of race, religion,
gender, etc. Significantly, fundamental rights are
enforceable by the courts, subject to certain conditions.
 Why are they called Fundamental Rights?
 These rights are called fundamental rights because of two reasons:
 They are enshrined in the Constitution which guarantees them
 They are justiciable (enforceable by courts). In case of a violation,
a person can approach a court of law.
THE SIX FUNDAMENTAL RIGHTS
 Right to Equality (Article 14-18)
 Right to Freedom (Article 19-22)
 Right against Exploitation (Article 23-24)
 Right to Freedom of Religion (Article 25-28)
 Cultural and Educational Rights (Article 29-30)
 Right to Constitutional Remedies (Article 32)
RIGHT TO EQUALITY
ART-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.
 This means that every person, who lives within territory of India,
has the equal right before the law. That equals will be treated
equally.
This article constitutes of two parts, being:
1. Equality before law and
2. Equal protection of the laws.
 Although both sound similar, they don’t mean the same. The word
“Law” in the former expression is used in a genuine sense – a
philosophical sense, whereas the word “Laws” in the latter
expression denotes specific laws in force.
RIGHT TO EQUALITY
 Equality before the law talks about equal subjection of all citizens
(rich or poor, high or low, official or non-official) to the ordinary
law of the land administered by the ordinary law courts and is a
negative concept as implies the absence of any privilege in favour
of any individual and equal subjection of all classes to the ordinary
law.
 Whereas, equal protection of the laws is a Positive Concept as it
implies equality of treatment in equal circumstances both in
privileges conferred and liabilities imposed. So, all the persons
must be treated alike on reasonable classification. Among equals
law should be equal and equally administered. The guarantee of
equal protection applies against substantive as well as procedural
laws.
RIGHT TO EQUALITY
Exception:
 The above right is not an absolute right. Hence, is subject to an exception –
reasonable classification.
Article 14 forbids class legislation but permits reasonable classification. The two
tests of classification are as follows:
1. Ineligible Differentia: The classification must be founded on an intelligible
differentia which distinguishes those that are grouped together from other.
Arbitrariness is an anti-thesis to the right top equality. Hence, there should be
no scope of arbitrariness in classification.
2. Rational Relation: That differentia must have a rational relation to the object
sought to be achieved by the Act. It is necessary is that there must be nexus
between the basis of classification and the object of the act which makes the
classification. It is only when there is no reasonable basis for a classification that
legislation making such classification may be declared discriminatory.
RIGHT TO EQUALITY
 In E.P Royappa v. State of Tamil Nadu & Another, it
was held that Article 14 is one of the pillars of the Indian
Constitution and hence cannot be bound by a narrow and
inflexible interpretation. Article 14 should thus be given the
widest interpretation possible, which also includes
reasonableness and arbitrariness of certain provisions of the
legislations.
RIGHT TO EQUALITY
 In Maneka Gandhi v. Union of India, the Supreme
Court clearly ruled out the room for arbitrariness. ‘Article
14 strikes at arbitrariness in State action and ensures fairness
and equality of treatment. The principle of reasonableness,
which logically as well as philosophically, is an essential
element of equality or non-arbitrariness, pervades Article 14
like a brooding omnipresence.’ Rule of law which permeates
the entire fabric of the Indian Constitution excludes
arbitrariness. Wherever we find arbitrariness or
unreasonableness there is denial there is denial of rule of law.
RIGHT TO EQUALITY
ART-15. Prohibition of discrimination on grounds of religion, race,
caste, sex or place of birth.—
(1) The State shall not discriminate against any citizen on grounds
only of religion, race, caste, sex, place of birth or any of them.
(2) No citizen shall, on grounds only of religion, race, caste, sex,
place of birth or any of them, be subject to any disability,
liability, restriction or condition with regard to— (a) access to
shops, public restaurants, hotels and places of public
entertainment; or (b) the use of wells, tanks, bathing ghats,
roads and places of public resort maintained wholly or partly
out of State funds or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any
special provision for women and children.
RIGHT TO EQUALITY
(4) Nothing in this article or in clause (2) of article 29 shall prevent
the State from making any special provision for the advancement
of any socially and educationally backward classes of citizens or for
the Scheduled Castes and the Scheduled Tribes.

(5) Nothing in this article or in sub-clause (g) of clause (1) of article

19 shall prevent the State from making any special provision, by
law, for the advancement of any socially and educationally
backward classes of citizens or for the Scheduled Castes or the
Scheduled Tribes in so far as such special provisions relate to their
admission to educational institutions including private educational
institutions, whether aided or unaided by the State, other than the
minority educational institutions referred to in clause (1) of article
30.
INDRA SAWAHNEY v. UOI
 Famously known as Mandal Commission case.
 The sub-classification of backward classes into more
backward and backward classes for the purpose of Article-
16(4) can be done but as a result of sub-classification the
reservation cannot exceed more than 50%.
 The distinction should be on the basis of degrees of social
backwardness. In fact, such a classification would be
necessary to help the more backward classes otherwise those
of the backward classes who are little more advanced than
the more backward classes might take away all the seats.
RIGHT TO EQUALITY
 In the case of Air India v. Nargesh Mirza Regulation 46
of Indian Airlines regulations provides an air hostess will be
retire from the service upon attaining the age of 35 years or
marriage within 4 years of service or on first pregnancy,
whoever found earlier but regulation 47 of the Regulations
Act, the managing director had the discretion extend the age
of retirement one year at a time beyond the age of retirement
up to the age of 45 years at his option if an air hostess was
found medically fit.
RIGHT TO EQUALITY
 It was held by the court that an air hostess on the ground of
pregnancy was unreasonable and arbitrary, it was the
violation of Article 14 under constitution law of India.

The regulation does not restrict marriage after 4 years and if

an air hostess after fulfilling the conditions became pregnant,
there was no ground why first pregnancy should stand in the
way of her running service. The court said that the
termination of service on pregnancy was manifestly
unreasonable and arbitrary on the basis of this it was the
violation of Article 14 of the Indian Constitution.
RIGHT TO EQUALITY
Art-16. Equality of opportunity in matters of public employment.—
(1) There shall be equality of opportunity for all citizens in matters relating to
employment or appointment to any office under the State.
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place
of birth, residence or any of them, be ineligible for, or discriminated against
in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent Parliament from making any law
prescribing, in regard to a class or classes of employment or appointment to
an office under the Government of, or any local or other authority within, a
State or Union territory, any requirement as to residence within that State or
Union territory prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for
the reservation of appointments or posts in favour of any backward class of
citizens which, in the opinion of the State, is not adequately represented in
the services under the State.
 RIGHT TO EQUALITY
(4A) Nothing in this article shall prevent the State from making any provision for reservation in
matters of promotion, with consequential seniority, to any class or classes of posts in the
services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in
the opinion of the State, are not adequately represented in the services under the State.

(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a
year which are reserved for being filled up in that year in accordance with any provision for
reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up
in any succeeding year or years and such class of vacancies shall not be considered together
with the vacancies of the year in which they are being filled up for determining the ceiling of
fifty per cent. reservation on total number of vacancies of that year.

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent
of an office in connection with the affairs of any religious or denominational institution or any
member of the governing body thereof shall be a person professing a particular religion or
belonging to a particular denomination
RIGHT TO EQUALITY
Art-17. Abolition of Untouchability.—―
Untouchability is abolished and its practice in any form is forbidden. The
enforcement of any disability arising out of ―Untouchability shall be
an offence punishable in accordance with law.
Art-18. Abolition of titles.—
(1) No title, not being a military or academic distinction, shall be
conferred by the State.
(2) No citizen of India shall accept any title from any foreign State.
(3) No person who is not a citizen of India shall, while he holds any office
of profit or trust under the State, accept without the consent of the
President any title from any foreign State.
(4) 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.
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