Fundamental Rights
Part III of the Constitution.
Magna Carta of India
Categorized into six groups –
1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Right to Cultural and Educational Rights
6. Constitutional Remedies.
Inspired by the Bill of Rights of the American Constitution
Safeguard individual liberties
Provide freedoms against the state's authoritarian rule.
Indian judiciary protects the violation of Fundamental Rights.
Conscience of the Constitution
Features of Fundamental Rights
Fundamental Rights are the basic rights given to every citizen by the
Constitution. They are necessary for living with dignity and freedom.
1. Inspiration:
The American Bill of Rights and
The French Declaration of the Rights of Man and the Citizen
European political Thinkers like John Locke, Jean-Jacques Rousseau,
and Montesquieu promoted freedom and natural rights.
2. Justiciable & Enforceable:
Citizens can go to the Supreme Court of India or other courts to protect
their Fundamental Rights.
Two ways to enforce rights:
Judicial Review
a) Courts check if laws or government actions follow the
Constitution.
b) Under Article 13 of the Indian Constitution, any law against
Fundamental Rights is declared void.
Writs
a) Special orders issued by higher courts to protect rights.
b) Courts can direct authorities to act properly.
c) Done under Article 32 of the Indian Constitution.
3. Applicability of Fundamental Rights:
Some rights are only for citizens
a) Article 15
b) Article 16
c) Article 19
d) Article 29
e) Article 30
Other rights are for everyone (citizens + foreigners + companies)
4. Meaning of “State”
Defined under Article 12 of the Indian Constitution.
Includes:
a) Government and Parliament of India
b) State Governments
c) Local authorities (like municipalities, panchayats)
d) Other authorities (statutory and non-statutory bodies)
Six Fundamental Rights
Originally, there were 7 Fundamental Rights in the Constitution (1950).
The 44th Constitutional Amendment Act removed the Right to Property.
Article 31 was deleted from Fundamental Rights.
Now, there are 6 Fundamental Rights.
1. Right to Equality (Article 14 -18)
Ensures equal rights and opportunities for all individuals.
Article 14
a) Equality before law and equal protection of laws
b) Supremacy of the rule of law
c) The principle of natural justice
d) The doctrine of anti arbitrariness
e) Inclusion of both positive and negative rights.
Article 15
a) No discrimination on religion, race, caste, sex, place of birth
b) Equal access to public places
c) Special provisions allowed for women & children
Article 16
a) Equal opportunity in public employment.
b) No discrimination of employment on religion, race, caste, descent,
place of birth, residence, or any combination of these factors.
c) Reservation allowed for weaker sections
Article 17
a) Untouchability is abolished and punishable
Article 18
a) No titles except military and academic
2. Right to Freedom (Articles 19–22)
Ensures basic freedoms and personal liberty (with reasonable
restrictions).
Article 19: Freedom of Speech and Expression
1. Freedom of speech & expression
2. Peaceful assembly
3. Form associations/unions
4. Move freely in India
5. Live anywhere in India
6. Choose any profession
Article 20: Protection in Respect of Conviction for Offences
1. Ex post facto law: No punishment for an act that was not a crime
when done in past.
2. Double jeopardy: No double punishment
3. Limit on penalty: Penalty cannot be more than what law allowed at
the time of offence.
4. Self-incrimination: No forced self-confession
Article 21: Protection of life and personal liberty
1. Right to life and personal liberty
2. Includes rights like privacy, clean environment
Article 21A: Right to Education
1. Free & compulsory education (6–14 years)
2. added by 86th Amendment in 2002
Article 22: Protection Against Arrest and Detention in Certain Cases
a. Right to know reason for arrest
b. Right to lawyer
c. Must be produced before magistrate within 24 hours
3. Right against Exploitation (Article 23 - 24)
Protects people from forced labour and child exploitation.
Article 23
1. Bans human trafficking, begar (forced labour), and other forced
work.
Article 24
1. No child below 14 years can work in factories, mines, or dangerous
jobs.
2. Child Labour (Prohibition & Regulation) Amendment Act, 2016
4. Right to Freedom of Religion (Article 25 - 28)
Protects religious freedom and secularism.
Article 25:
1. Freedom of conscience and to follow, practice, and spread religion
2. No forced conversion; subject to public order, morality, health
Article 26: Freedom to manage religious affairs
1. can set up and maintain institutions for religious and charitable
work
2. can manage their own religious matters
3. can own and acquire property (movable and immovable)
4. can manage their property according to law
Article 27: No tax for promotion of any religion
Article 28
1. No religious teaching in schools fully funded by the government
2. Exception: Allowed only if a school is set up by a trust/endowment
that requires it
3. Students cannot be forced to take part in religious instruction
5. Cultural and Educational Rights (Article 29 - 30)
Article 29: Protection of interests of minorities
1. Protects culture, language, and script of minorities
2. No discrimination in admission to government educational institutions
based on religion, caste, language, etc.
Article 30:
1. Religious and linguistic minorities can set up and run their own
educational institutions
2. Helps preserve their culture and identity
6. Right to Constitutional Remedies (Article 32)
It provides legal remedies for the protection of other fundamental rights.
When any of the fundamental rights are violated, one can seek justice
through the courts.
Article 32: One can directly approach the Supreme Court
The Supreme Court can issue writs to protect these rights under its
original jurisdiction.
Writs:
1. habeas corpus
2. mandamus
3. prohibition
4. quo warranto
5. certiorari
Article 226: High Courts to issue writs for enforcement of Fundamental
Rights
Exceptions to the Fundamental Rights
Disputes between the courts and Parliament over land reforms and the
Right to Property led to changes in the Constitution, adding Articles 31A,
31B, and 31C.
Article 31(Right to Property) removed and became a constitutional right
under Article 300A, 44th Amendment Act, 1978
Article 31A:
It was introduced by the First Amendment Act, of 1951
Article 31A protects certain land reform and economic laws from being
challenged under Articles 14 and 19.
It includes laws related to:
1. Acquisition of estates and property
2. State control over property management
3. Merger or changes in corporations
4. Rights of shareholders and directors
5. Mining leases
For protection, state laws must get the President’s approval.
It also requires fair compensation (market value) in some cases of land
acquisition.
Article 31B:
Protects laws placed in the Ninth Schedule of the Constitution from being
challenged for violating Fundamental Rights.
It gives strong protection to the laws in the Ninth Schedule.
The Ninth Schedule was initially have 13 Acts but now includes 284
Acts, mostly related to land reforms and abolition of zamindari.
However, in the I.R. Coelho case (2007), the Supreme Court said that
laws added after 24 April 1973 can be checked by courts if they violated
Fundamental Rights or breaks the basic structure of the Constitution.
Article 31C:
Article 31C was added by the 25th Amendment Act, 1971.
It protects laws made to implement Directive Principles in Articles 39(b)
and 39(c) from being challenged under Articles 14 and 19.
Earlier, it also stopped courts from questioning such laws, but this was
struck down in the Kesavananda Bharati case (1973).
The 42nd Amendment (1976) tried to expand this protection, but it was
struck down in the Minerva Mills case (1980).
In short, it helps balance Fundamental Rights with Directive Principles,
but within limits set by the Constitution’s basic structure.
Other Provisions
Article 33: Parliament can restrict or remove Fundamental Rights for
armed forces, police, and similar services to maintain discipline.
Article 34: During martial law, Fundamental Rights can be restricted, and
actions taken to restore order can be legally protected.
Article 35: Parliament alone can make laws for certain matters related to
Articles 16(3), 32(3), 33, and 34.
Significance of Fundamental Rights
Essential rights:
1. It is important for the full development of citizens.
2. The Constitution protects them and ensures the government does not
violate them.
Rule of Law:
1. Everyone is equal before the law.
2. No one can be denied life, liberty, or property without legal procedure.
3. It ensures accountability and fair justice.
More important than ordinary rights:
1. Fundamental Rights are protected by the Constitution.
2. They can be changed only by constitutional amendment, not ordinary
laws.
Positive and Negative rights:
1. Negative rights: Stop the state from interfering (e.g., freedom of
speech, religion).
2. Positive rights: Require the state to act (e.g., education, support for
weaker sections).
Protection of minorities: They protect minority groups and allow them to
preserve their language, culture, and religion without discrimination.
Limitations of Fundamental Rights
No socio-economic rights: Rights like work, employment, and social
security are not fully included.
Emergency suspension: Rights (except Articles 20 & 21) can be
suspended during a National Emergency.
Not permanent: Parliament can change Fundamental Rights through
constitutional amendments.
Not absolute: Rights can be restricted for security, public order, morality,
etc.
Preventive detention: A person can be detained without trial under certain
conditions (Article 22).
Lack of clarity: Terms like “public order” and “reasonable restrictions”
are vague and open to interpretation.
Criticism of Fundamental Rights:
Lack of socio-economic rights: Focus more on civil and political rights;
rights like education, health, and work were added later.
Suspension during Emergency: Fundamental Rights can be suspended
during a National Emergency.
Restrictions on rights: Some rights are limited for reasons like public
order, morality, and security.
Weak enforcement: Rights are not always properly implemented,
especially in rural and poor areas.
Not equal for all areas: Some rights mainly apply to minorities, creating
debate on fairness.
Conflict with Directive Principles: Sometimes Fundamental Rights and
Directive Principles oppose each other.
Unclear meaning: Some terms like “public order” or “morality” are vague
and differently interpreted.
Social and economic barriers: Poverty and illiteracy make it hard for
many people to enjoy their rights.
Implementation gap: Laws exist, but real-life enforcement is weak.
Focus on individual rights: Critics say it sometimes ignores community
welfare.