The

Fundamental
Rights
INTRODUCTION
▪ Enshrined in Part III of the Constitution (Articles 12-35).
▪ Part III of the Constitution is described as the Magna Carta of India.
▪ ‘Magna Carta’ - Charter of Rights issued by King John of England in 1215-first
written document relating to the Fundamental Rights of citizens.
▪ Characteristics
• They are the integral part of the Constitution
• They are Universal
• They are comprehensive and detailed
• They are qualified i.e. they are not absolute
• They are enforceable or justiciable
• They are amendable
• There are Special Rights for the minorities
• They lack of Social & Economic Rights
• They are against State only
Definition of ‘State’ - Article 12
❑Legislative & Executive Organs of the Union Govt
(Indian Govt & Indian Parliament – Lok Sabha, Rajya Sabha)
❑Legislative and Executive organs of the State Govt
(State Govts & State Leg. – Leg. Assembly &Council)
❑All local authorities
Municipalities, Panchayats, District Boards, Improvement Trusts etc.
❑Statutory & Non-Statutory Authorities
▪ Statutory Authorities: National Human Rights Commission, National Commission
for Women, National Law Commission, National Green
Tribunal, National Consumer Disputes Redressal
Commission, Armed Forces Tribunal
▪ Non Statutory Authorities: CBI, Central Vigilance Commission, Lok pal & Lokayuktas

No explicit mention of Judiciary as a ‘State’ in Article 12. Organs of judiciary

cannot make rules that are in itself violative of Fundamental Rights.
 PROVISION FOR LAWS VIOLATING
FUNDAMENTAL RIGHTS: ARTICLE 13
❑ARTICLE 13(1): All laws that are inconsistent with or in derogation of any
of the fundamental rights shall be void.
❑ ARTICLE 13(2): no laws can be made that take away fundamental rights.
▪ SAJJAN SINGH CASE, 1965 - Supreme Court held that the Parliament
can amend any part of the Constitution including fundamental rights.
▪ GOLAKNATH CASE, 1967 - fundamental rights cannot be amended.
▪ KESAVANANDA BHARATI CASE, 1973 –Fundamental Rights could be
amended but “basic structure of the Constitution could not be abrogated
even by a constitutional amendment.”
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 (ARTICLE 14 -18)
ARTICLE 14
Equality Before Law (citizens or foreigners)
ARTICLE 15
Prohibits discrimination race, religion, caste, gender or place of birth.
ARTICLE 16
Equality of opportunity in public employment
ARTICLE 17
Abolition of Untouchability
ARTICLE 18
Abolition of Titles
RIGHT TO FREEDOM (article 19 – 22)
ARTICLE 19
Right to Freedom
ARTICLE 20
Protection in respect of conviction for offences
ARTICLE 21
Protection of life & personal liberty
Article 21A
Right to education
ARTICLE 22
Protection against arrest & detention
RIGHT TO FREEDOM (ARTICLE 19)
IT GUARANTEES TO ALL CITIZENS THE SIX RIGHTS OF FREEDOM
▪ Right to freedom of speech and expression.
▪ Right to assemble peaceably and without arms.
▪ Right to form associations or unions or co-operative societies.
▪ Right to move freely throughout the territory of India.
▪ Freedom of movement- internal (right to move inside the country- A-19) &
external (right to move out of the country & right to come back to the country
A-21).
▪ Right to reside and settle in any part of the territory of India.
▪ Right to practice any profession or to carry on any occupation, trade or
business.
RIGHT AGAINST ARBITRARY CONVICTION (ARTICLE 20)

▪ No person shall be convicted of any offence except for violation of a law

in force at the time of the commission of the act
▪ No person shall be subjected to a penalty greater than that prescribed by
the law.
▪ No person shall be prosecuted and punished for the same offence more
than once.
▪ No person accused of any offence shall be compelled to be a witness
against himself.

Double jeopardy is a procedural defence that prevents an accused person

from being tried again on the same (or similar) charges & on the same
facts, following a valid acquittal or conviction.
RIGHT TO LIFE & PERSONAL LIBERTY (ARTICLE 21)
No person shall be deprived of his life or personal liberty
except according to procedure established by law.
▪ Supreme Court of India has described this right as the ‘heart of fundamental rights’.
▪ 1993 SC gave a list of rights that Article 21 covers based on earlier judgements:

▪ Right to privacy Right to shelter Right against solitary confinement

▪ Right to go abroad Right to social justice and economic empowerment
▪ Right against handcuffing Right against custodial death
▪ Right against delayed execution Doctors’ assistance
▪ Right against public hanging Protection of cultural heritage
▪ Right to pollution-free water and air Right of every child to a full development
▪ Right to health and medical aid Right to education
▪ Right to livelihood Right To Know Or Right To Be Informed
▪ Protection of under-trials Passive euthanasia (Active euthanasia is illegal)
▪ Right Against Noise Pollution Right To Clean Environment
▪ Right To Speedy Trial Right Against Sexual Harassment At Workplace
RIGHT TO EDUCATION (ARTICLE 21-A)
▪ State shall provide free and compulsory education to all children of the
age of six to fourteen years.
▪ This provision makes only elementary education a Fundamental Right
and not higher or professional education.
▪ This provision was added by the 86th Constitutional Amendment Act of
2002.
▪ Before the 86th amendment, the Constitution contained a provision for
free and compulsory education for children under Article 45 in Part IV of
the constitution.
PROTECTION AGAINST ARREST & DETENTION (ARTICLE 22)
DETENTION
▪ Punitive (punishment after trial & conviction)
▪ Preventive (punishment without trial & conviction)
1st part of Article 22 deals with the ordinary law
▪ Right to be informed of the grounds of arrest.
▪ Right to consult and be defended by a legal practitioner.
▪ Right to be produced before a magistrate within 24 hours.
▪ Right to be released after 24 hours unless magistrate authorizes further detention.
2nd part of Article 22 deals with preventive detention law (citizens & aliens)
▪ The detention of a person cannot exceed three months unless an advisory board
(judges of high court) reports sufficient cause for extended detention.
▪ The grounds of detention should be communicated to the detenu.
▪ Detenu should be afforded an opportunity to make a representation against the
detention order.
RIGHT AGAINST EXPLOITATION (ARTICLE 23 & 24)
ARTICLE 23
▪ Prohibition of Human Trafficking & begar (forced labour without payment)
▪ The right provides against human trafficking in the form of: Selling & buying of
men, women & children, Prostitution, Devadasis, Slavery.
▪ Immoral Traffic (Prevention) Act 13, 1956 deals with violations of this
fundamental right.
ARTICLE 24
▪ Prohibition of Child Labour
▪ Child & Adolescent Labour (Prohibition & Regulation) Act specifically deals
with the violations of related to this right.
▪ 2016 amendment of this act completely prohibited employment or of children
below 14 years of age in all occupations and processes.
▪ It also prohibited the employment of adolescents (14-18 years of age) in
hazardous occupations or processes
Right to Freedom of Religion (Article 25-28)
ARTICLE 25 FREEDOM OF CONSCIENCE, PROFESSION, PRACTICE AND PROPAGATION

▪ Conscience: A person may or may not choose to follow any religion.

▪ Right to Profess: One can declare his/her religious beliefs and faith openly and freely.

▪ Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.

▪ Right to Propagate: Persuading people to convert from one religion to another; No forcible conversions.

▪ Govt can impose restrictions on the practice of freedom of religion in order to protect public order, morality &
health.

▪ The government can interfere in religious matters for rooting out certain social evils.

ARTICLE 26 FREEDOM TO MANAGE RELIGIOUS AFFAIRS

▪ Right to establish and maintain institutions for religious and charitable purposes.

▪ Right to manage their own affairs in matters of religion.

▪ Right to own & acquire movable & immovable property & right to administer such.
Right to Freedom of Religion (Article 25-28)
ARTICLE 27 FREEDOM FROM TAXATION FOR PROMOTION OF A RELIGION
▪ No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious
denomination.

▪ It says that no public money, collected through taxes, shall be spent for the promotion or maintenance of any particular
religion.

▪ Favouring, patronising or supporting any religion over the other is prohibited.

▪ It prohibits only levy of a tax and not a fee.

ARTICLE 28 FREEDOM FROM ATTENDING RELIGIOUS INSTRUCTION

▪ No religious instruction shall be provided in any educational institution wholly maintained out of State (the
territory of India) funds.
▪ However, the provision is not applicable to educational institutions administered by the State or established
under any endowment or trust.

▪ Moreover, no person is required to attend any religious instructions or worship without his consent in any
educational institution recognised by the State or receiving aid out of State funds.
▪ In case of a minor, the consent of his guardian is needed.
CULTURAL & EDUCATIONAL RIGHTS (ARTICLE 29 & 30)
PROTECTION OF INTERESTS OF MINORITIES ARTICLE 29
▪ 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.
▪ No citizen shall be denied admission into any educational institution on grounds only
of religion, race, caste, or language.
▪ Protection to religious, linguistic as well as cultural minorities.
▪ However, rights are not necessarily restricted to minorities only, as it is commonly
assumed to be. It includes minorities as well as the majority.
RIGHT OF MINORITIES TO ESTABLISH & ADMINISTER EDUCATIONAL INSTITUTIONS: ARTICLE 30
▪ The right to establish and administer educational institutions of their choice.
▪ State shall not discriminate against any educational institution managed by a
minority.
▪ Protection under article 30 is confined only to minorities (religious, cultural or
linguistic) and does not extend to any other section of citizens (as under article 29).
RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32)
▪ The most important article of Constitution - provides the right to get Fundamental Rights
protected.
▪ It confers the right to remedies for the enforcement of the fundamental rights of an aggrieved
citizen.
▪ Article 32 is a basic feature of the Constitution.
▪ It cannot be abridged or taken away even by way of an amendment to the Constitution.
▪ It contains the following four provisions:
▪ The right to move Supreme Court by appropriate proceedings for the enforcement of
Fundamental Rights.
▪ Parliament can empower any other court to issue directions, orders & writs of all kinds.
▪ The right to move the Supreme Court shall not be suspended except as otherwise provided
for by the Constitution.
▪ In the case of national emergency, the right can be suspended by the President (Article 359).
▪ Only the Fundamental Rights guaranteed by the Constitution can be enforced under Article 32
and not any other right like non-fundamental constitutional rights, statutory rights, customary
rights etc.
WRITS
▪ A formal written order issued by a Court having authority to issue such an
order.
▪ A writ petition can be filed in Supreme Court.
▪ Supreme Court can issue a writ only if the petitioner can prove that his
Fundamental Right has been infringed.
▪ The right to approach Supreme Court in case of a violation of a Fundamental
Right is in itself a Fundamental.
▪ Writ jurisdiction of both high court & Supreme Court constitute a part of the
basic structure of the Constitution.
▪ Article 226 empowers a high court to issue writs for the enforcement of the
fundamental rights of the citizens and for any other purpose.
▪ This implies that the writ jurisdiction of the high court is wider than that of the
SC.
▪ The high court can issue writs to any person, authority & govt not only within
its territorial jurisdiction but also outside its territorial jurisdiction if the cause
of action arises within its territorial jurisdiction.
WRITS
HABEAS CORPUS
▪ Issued to protect the fundamental right to liberty of an individual against unlawful detention.
▪ This writ commands a public official to deliver a detained person in front of the court and
provide valid reasons for the detention.
CERTIORARI
▪ Directing lower court to transfer of a case for review.
▪ Supreme Court issues it in case the decision passed by the lower court is challenged by the
party.
▪ It is issued in case the higher court finds it a matter of over jurisdiction or lack of jurisdiction.
PROHIBITION
▪ Issued by a higher court to a lower court to enforce inactivity in the jurisdiction.
▪ It happens only in case the higher court is of the discretion that the case falls outside the
jurisdiction of the lower court.
WRITS
MANDAMUS
▪ Issued to a subordinate court, an officer of the govt, or a corporation or other institution
commanding the performance of certain acts or duties.
▪ The writ of mandamus can be used to order the completion of a task or in other cases, it may
require an activity to be ceased.
QUO-WARRANTO
▪ Issued against a person who claims or takeover a public office.
▪ Through this writ, the court inquires ‘by what authority’ the person supports his or her claim.
▪ Through this writ, the court enquires into the legality of a claim of a person to a public office.
▪ This writ prevents the illegal assumption of a public office by an individual.
POINTS TO REMEMBER
▪ Amendment bill should be passed by a special majority of Parliament.
▪ Originally, right to property was one of the seven fundamental rights.
▪ 44th Amendment Act of 1978 abolished the right to property as a Fundamental Right
& made it a legal right under Article 300A in Part XII of the Constitution.
▪ F.R. can be suspended in case of National Emergency - Article 352.
▪ Six rights under Article 19 are automatically suspended in case National Emergency
is imposed on grounds of war or external aggression - Article 358.
▪ The rights mentioned under Article 20 & 21 can never be suspended.
▪ Constitutional emergency & financial emergency cannot affect Fundamental Rights.
▪ Article 33 deals with the power of Parliament to modify the fundamental rights.
▪ Article 34 deals with Martial Law
▪ Article 35 deals with legislation required to deal with fundamental rights
▪ Fundamental Rights available to only citizens - 15, 16, 19, 29 & 30.
▪ Fundamental Rights available to both citizens & non-citizens – 14, 20, 21, 21A, 22, 23,
24, 25, 26, 27 and 28.