FUNDAMENTAL RIGHTS

What are Fundamental Rights?

● Basic human rights guaranteed by the Constitution.

● Aim: To ensure equality, freedom, and justice.
● Ensures all round development of the citizens.
 Constitutional Basis

● Mention Part III of the Indian Constitution. (A. 12- 35)

● Inspiration from USA.
● FRs are guaranteed by the Constitution.
● Fundamental Rights are justiciable (enforceable by courts).
● Meant for promoting political democracy.
● Aim at establishing ‘a government of laws and not of a men’.
Classification of Fundamental Rights

● 6 Broad Categories:
Right to Equality (Articles 14-18)
Right to Freedom (Articles 19-22)
Right against Exploitation (Articles 23-24)
Right to Freedom of Religion (Articles 25-28)
Cultural and Educational Rights (Articles 29-30)
Right to Constitutional Remedies (Article 32)
 A.12 DEFINITION OF THE STATE

The term "State" includes:

● The Government and Parliament of India
● The Government and Legislature of each state
● All local authorities, such as municipalities, panchayats, district boards, and improvement
trusts
● All other authorities, such as statutory or non-statutory authorities like LIC, ONGC, and SAIL
 A.13 Laws inconsistent with or in derogation of
the fundamental rights.

Article 13 of the Constitution of India states that laws that are inconsistent with the fundamental
rights of the Constitution are void.

Definition of "law"
"Law" includes any ordinance, order, bye-law, rule, regulation, notification, custom, or usage
that has the force of law in India.

This A Provides for the doctrine of Judicial Review. This power has been conferred on the
Supreme Court (A32) and the High Courts (A226) that they can declare a law unconstitutional.
 A.14 EQUALITY BEFORE LAW

Article 14 of the Constitution of India states that all people are equal
before the law and are entitled to equal protection of the law. This
article is a fundamental right that ensures that everyone is treated
fairly and impartially by the law.
 A.15 Prohibition of discrimination on certain grounds

The state cannot discriminate against citizens based on their religion, race, caste,
sex, or place of birth. It ensures that no citizen shall be subjected to any disability,
liability, or restriction on these grounds.

○ Every Indian citizen has equal access to shops, restaurants, public

entertainment venues, and the use of wells, tanks, and roads.
○ However, the state can make special provisions (affirmative actions) or
concessions for women and children.
 A.16 Equality of opportunity in public employment

This article guarantees equal opportunity for all citizens in public

employment.

○ It prohibits discrimination against a citizen in respect of employment or

office under the state based on religion, race, caste, descent, place of
birth, residence, or any combination of these factors.
○ However, the state can make provisions for the reservation of
appointments or posts in favour of vulnerable sections of society
 A.17 Abolition of untouchability

This article abolishes untouchability in any form.

○ It recognises untouchability as a social evil and ensures the
eradication of this discriminatory practice in Indian society.
 A.18 Abolition of titles

This article states that no title other than military and academic distinction shall be
conferred by the state.

● It prohibits the state from conferring any title on any citizen or a foreigner (except a military
or academic distinction).
● It prohibits a citizen of India from accepting any title from any foreign state.
● 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 of India.
● No citizen or foreigner holding any office of profit or trust within the territory of India can
accept any present, emolument or office from or under any foreign State without the
consent of the president.
 A.19 Freedom of Speech and Expression

This article guarantees six fundamental freedoms ((albeit with reasonable

restrictions) to the citizens:

○ Speech and Expression

○ Peaceful assembly
○ Forming Associations/Unions
○ Free Movement throughout India
○ Freedom to reside and settle in any part of India
○ Freedom to practice any profession or carry on any occupation, trade, or
business
 A.20 Protection in Respect of Conviction for Offences

This article provides four key safeguards to individuals:

○ Ex Post Facto Law: No person can be convicted for an act that was not considered an
offence at the time it was committed.
○ Limit on Penalty: No person can be subjected to a penalty greater than what was
prescribed by the law at the time the offence was committed.
○ Double Jeopardy: A person cannot be prosecuted and punished for the same
offence more than once.
○ Self-Incrimination: No person can be compelled to be a witness against themselves.
This protection ensures the right to silence and safeguards individuals from forced
confessions.
A.21 Protection of life and personal liberty

It says that no one can be deprived of his or her life or

personal liberty except according to the procedure established
by law.

○ This right includes various other rights such as the right to

privacy,the Right to a clean environment etc.
 A.21A RIGHT TO EDUCATION

It was added through the 86th Amendment to the Constitution in

2002.
It entrusts the state to provide free and compulsory education to
children aged six to fourteen in the manner determined by the
state.
 A.22 Protection Against Arrest and Detention in Certain
Cases

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

○ Detention is of two types, namely, punitive (punishment after trial and conviction) and
preventive (punishment without trial and conviction).
○ The first part of Article 22 deals with the ordinary law and includes:
● 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, excluding the journey time.
● Right to be released after 24 hours unless the magistrate authorises further
detention.
○ The second part of Article 22 deals with preventive detention law. Protection under
this article is available to both citizens as well as aliens and includes the following:

● 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.
● The detenu should be afforded an opportunity to make a representation
against the detention order.
 A.23 Prohibition of Human Trafficking and Forced
Labour
Forced labour in India was imposed by landlords, moneylenders and other wealthy persons in
the past.

○ The Article 23 of the Indian Constitution prohibits human trafficking and begar
(forced labour without payment) to protect the millions of underprivileged and
deprived people of the country.
○ The right is available to citizens of India as well as to non-citizens.
○ The right provides against human trafficking in the form of:
● Selling and buying of men, women and children.
● Prostitution
● Devadasis
 A.24 Prohibition of employment of children in
factories etc

Article 24 of the Indian Constitution forbids employment of children below the age of 14 years in dangerous
jobs like factories and mines.

○ However, it did not prohibit their employment in any harmless or innocent work.
○ The Child Labour (Prohibition and Regulation) Act, 1986 (renamed as Child & Adolescent Labour
(Prohibition and Regulation) Act, 1986 in 2016) specifically deals with the violations of related to
this right.

● The 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.
 A.25 Freedom of Conscience, Profession, Practice
and Propagation

Article 25 of the Constitution of India provides the freedom of conscience, to profess, to practice
and to propagate any religion. These rights are available to citizens as well as non-citizens.

○ 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. However,
the Constitution does not allow forcible conversions.
 A.26 Freedom to Manage Religious Affairs

The Article 26 of the Indian Constitution provides every religious denomination (or any
section of it) the right to establish and maintain institutions for religious and charitable
purposes.

○ It also empowers the religious denominations to manage their own affairs in

matters of religion.
○ Moreover, the right to own and acquire movable and immovable property and the
right to administer such property is also provided to every religious denomination.
○ The rights provided under Article 26 are also subjected to public order, morality and
health.
 A.27 Freedom from Taxation for Promotion of a
Religion

The Indian Constitution under 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.
○ 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.

● The purpose of a fee is to control secular administration of religious institutions

and not to promote or maintain religion.
 A.28 Freedom from Attending Religious Instruction

Article 28 states that 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.

 A.29 Protection of Interests of Minorities

Article 29 provides that 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 (it provides the right to a
group/section/community of people).

○ Further, it says that no citizen shall be denied admission into any educational
institution on grounds only of religion, race, caste, or language (it provides the rights
to an individual citizen).
○ Article 29 grants protection to both religious, linguistic as well as cultural minorities.
● However, the rights are not necessarily restricted to minorities only, as it is
commonly assumed to be. It includes minorities as well as the majority.
 A.30 Right of Minorities to Establish and Administer
Educational Institutions
■ Article 30 grants all the minorities the following rights:
○ The right to establish and administer educational institutions of their
choice.
○ 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.
○ The State shall not discriminate against any educational institution
managed by a minority.
○ Thus, the 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).
 A.32 Right to Constitutional Remedies

Article 32 is considered the most important article of the Constitution as it provides that the right to
get Fundamental Rights protected is itself a fundamental right.

It confers the right to remedies for the enforcement of the fundamental rights of an aggrieved
citizen.

The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot
be abridged or taken away even by way of an amendment to the Constitution.