PART III

Fundamental Rights
• Right?
• Human Right?
• Human right Versus Fundamental right
• UNDHR- preamble and 30 articles
• Enforceable ; negative obligations; Not absolute
• Reasonable restriction: Security of the state, promotion of interest of
women, children, backward classes, friendly realtion with other countries,
Defamation, contempt of court, , pubic order decency and morality.
• UK
• USA
• Originally, the Constitution provided for seven Fundamental Rights viz,
1. Right to equality (Articles 14–18)
2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29–30)
6. Right to property (Article 31)
7. Right to constitutional remedies (Article 32)
The right to property was deleted from the list of Fundamental Rights by the
44th Amendment Act, 1978. It is made a legal right under Article 300-A in
Part XII of the Constitution. So at present, there are only six Fundamental
Rights
 FUNDAMENTAL RIGHTS
Article 12. Definition.
—In this Part, unless the context otherwise requires, “the State” includes the Government and Parliament
of India and the Government and the Legislature of each of the States and all local or other authorities
within the territory of India or under the control of the Government of India.
Article 13. Laws inconsistent with or in derogation of the fundamental rights.
—(1) All laws in force in the territory of India immediately before the commencement of this Constitution,
in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency,
be void.
(2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any
law made in contravention of this clause shall, to the extent of the contravention, be void.
(3) In this article, unless the context otherwise requires,— (a) “law” includes any Ordinance, order, bye-
law, rule, regulation, notification, custom or usage having in the territory of India the force of law; (b) “laws
in force” includes laws passed or made by a Legislature or other competent authority in the territory of
India before the commencement of this Constitution and not previously repealed, notwithstanding that
any such law or any part thereof may not be then in operation either at all or in particular areas.
1 [(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368.]
Right to equality (Articles 14–18)
Article 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.
Lex Superanus – Law is supreme--- Rex lex to Lex rex

Article 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.
• (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.
• (6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the
State from making,—
(a) any special provision for the advancement of any economically weaker sections of citizens other than the
classes mentioned in clauses (4) and (5); and
(b) any special provision for the advancement of any economically weaker sections of citizens other than the
classes mentioned in clauses (4) and (5) 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, which in the case of
reservation would be in addition to the existing reservations and subject to a maximum of ten per cent. of
the total seats in each category.
Equality of opportunity in matters of public employment
• For the purposes of this article and article 16, "economically weaker sections" shall be such
as may be notified by the State from time to time on the basis of family income and other
indicators of economic disadvantage.
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 1 [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.
• 2 [(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.]
• 4 [(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.
• [(6) Nothing in this article shall prevent the State from making any provision for the reservation of
appointments or posts in favour of any economically weaker sections of citizens other than the
classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum
of ten per cent. of the posts in each category.]
• 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.
• 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.