UNIT 2

FUNDEMENTAL RIGHTS
FUNDEMENTAL RIGHTS
What are Fundamental Rights?
Fundamental Rights refer to a set of essential liberties and entitlements guaranteed to every citizen
by the constitution of a country.
These rights serve as the bedrock of individual freedom, protecting citizens from arbitrary state
actions and ensuring basic human rights and freedoms.
They are integral to upholding democracy, justice, and equality within a nation. They prevent the
establishment of an authoritarian and despotic rule in the country.
The Fundamental Rights are named so because they are guaranteed and protected by the
Constitution, which is the fundamental law of the land.
These rights are considered fundamental because they are essential for the all-round development,
dignity, and well-being of individuals.
It is because of its great significance that they have been described as the Magna Carta of India. (The
first document to put into writing the Principle that the king and his government was not above the
law)
Six Fundamental Rights guaranteed by the Constitution
Articles 12 to 35 in Part III of the Indian Constitution provide for six Fundamental Rights. These
rights are mentioned below:
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)
Originally, the Constitution provided for seven Fundamental
Rights, including the six rights mentioned above and the Right to
Property.
However, the 44th Amendment Act, of 1978 removed the Right
to Property from the list of Fundamental Rights.
It was, instead, made a legal right under Article 300-A in Part XII
of the Constitution.
So at present, there are only six Fundamental Rights.
 RIGHT TO EQUALITY (14-18)
These provisions of the Indian Constitution ensure equal treatment and opportunities for all
citizens before the law. This right includes the following
Equality before Law and Equal Protection of Laws (Article 14)
▪This provision ensures that the state shall not deny to any person equality before the law or
the equal protection of the laws within the territory of India.
▪It prohibits arbitrary discrimination by the state and guarantees equal treatment under
similar circumstances.

Prohibition of Discrimination on Certain Grounds (Article 15)

▪This provision prohibits discrimination on grounds only of religion, race, caste, gender, or
place of birth.
▪It ensures that no citizen shall be subjected to any disability, liability, or restriction only on
these grounds.
.
Equality of Opportunity in Public Employment (Article 16)
▪ This provision guarantees equality of opportunity in matters of public employment or
appointment.
▪ It prohibits discrimination in these matters only on grounds of religion, race, caste, gender,
descent, place of birth, or residence.

Abolition of Untouchability (Article 17)

▪ This provision abolishes untouchability and prohibits its practice in any form.
▪ It recognizes untouchability as a social evil and ensures the eradication of this discriminatory
practice in Indian society.

Abolition of Titles (Article 18)

▪ This provision prohibits the state from conferring titles, except military and academic
distinctions, on individuals.
▪ It also makes certain provisions regarding accepting any title, present, emolument, or office
from or under any foreign State
 Right to Freedom (Article 19 to Article 22)
Protection of Six Rights (Article 19)
This article guarantees to all citizens the following six rights:
Freedom of Speech and Expression (Article 19(1)(a))
▪This provision grants citizens the freedom to express their views, opinions, beliefs, and convictions
freely through speech, writing, printing, or any other mode.
▪However, reasonable restrictions can be imposed by the state on grounds such as public order,
defamation, incitement to offense, etc.
Freedom of Assembly (Article 19(1)(b))
▪Citizens have the right to assemble peacefully without arms.
▪It includes the right to hold public meetings, demonstrations, and take-out processions, but does not
include the right to strike.
Freedom of Association (Article 19(1)(c))
Individuals have the right to form associations, unions, or cooperative societies, enabling them to
collectively pursue common interests or goals.
However, reasonable restrictions can be imposed in the interest of public order, morality, or the
sovereignty and integrity of India.

Freedom of Movement (Article 19(1)(d))

Every citizen has the right to move freely throughout the territory of India.
Reasonable restrictions can be imposed on this right on the grounds of the interests of the general public
and the protection of the interests of any scheduled tribe.

Freedom of Residence (Article 19(1)(e))

Citizens have the freedom to reside and settle in any part of India, allowing for geographical mobility and
the exercise of individual choice in determining one’s place of residence.

Freedom of Profession (Article 19(1)(g))

Individuals have the right to practice any profession or to carry on any occupation, trade, or business of
their choice, subject to certain restrictions imposed in the interest of the general public.
Protection in Respect of Conviction for Offenses (Article 20)
It grants protection against arbitrary and excessive punishment to an accused person,
whether a citizen, a foreigner, or a legal person. It contains three provisions in this regard:

Protection against Retrospective Criminal Legislations (Article 20(1))

Any individual can be convicted only for violation of a law in force at the time of
commission of the act.
Also, the person cannot be subjected to a penalty greater than that prescribed by the law
in force at the time of the commission of the act.

Protection against Double Jeopardy (Article 20(2))

A person cannot be tried and punished again for an offense for which they have already
been either acquitted or convicted. (multiple punishment for the same offence)

Protection against Self-Incrimination (Article 20(3))

No person accused of an offense shall be compelled to be a witness against oneself.
Protection of Life and Personal Liberty (Article 21)
This provision guarantees that no person shall be deprived of their life or personal liberty except
according to the procedure established by law.
This right is available to both citizens and non-citizens and serves as a cornerstone of individual rights.

Right to Education (Article 21A)

This provision guarantees the right to free and compulsory education for children aged 6 to 14 years.
It mandates the State to provide access to quality education, ensuring that every child has the
opportunity to receive education without any discrimination.
This provision was added by the 86th Constitutional Amendment Act of 2002.
Protection Against Arrest and Detention (Article 22)
This provision ensures certain protections to persons who are arrested or
detained, including
▪ the right to be informed of the grounds of arrest,
▪ the right to consult and be defended by a legal practitioner, and
▪ the right to be produced before a magistrate within 24 hours of arrest.

It prevents arbitrary detention and ensures fair treatment of individuals in

custody.
Right Against Exploitation (Article 23 to Article 24)
These provisions of the Indian Constitution provide certain safeguards to protect people, especially
vulnerable sections, from exploitation. Various rights included under this are:

Prohibition of Traffic in Human Beings and Forced Labour (Article 23)

This provision prohibits human trafficking and forced labour. It makes such acts punishable offenses.

Prohibition of Employment of Children in Factories (Article 24)

This provision prohibits the employment of children under the age of fourteen in any factory, mine, or
other hazardous activities. However, it does not prohibit their employment in any harmless or
innocent work.
Right to Freedom of Religion (Article 25 to 28)
These provisions of the Indian Constitution guarantee individuals the freedom to profess, practice, and propagate the
religion of their choice. It ensures secularism by mandating that the state maintain neutrality and treat all religions
equally.

Freedom of Conscience and Free Profession, Practice, and Propagation of Religion (Article 25)
This article says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice,
and propagate religion. The implications of these are:

Freedom of conscience
Individuals have the freedom to shape their relationship with God and other creatures in whatever way they desire.
Right to Profess
To declare one’s religious beliefs and faith openly and freely.
Right to Practice
To perform religious worship, rituals, ceremonies, and exhibition of beliefs and ideas.
Right to Propagate
To transmit or disseminate one’s religious beliefs to others. However, it does not include a right to convert another
person to one’s religion.
Freedom to Manage Religious Affairs (Article 26)
This provision states that every religious denomination or its section shall have the following rights-
•Right to establish and maintain institutions for religious and charitable purposes,
•Right to manage its affairs in matters of religion,
•Right to own and acquire movable and immovable property, and
•Right to administer such property as per law.

Freedom from Taxation for Promotion of a Religion (Article 27)

This provision prohibits the State from levying taxes for promoting or maintaining any particular religion or religious
denomination.
It upholds the principle of secularism and ensures that the State remains neutral in matters of religion, fostering
equality and religious freedom for all citizens.

Freedom from Attending Religious Instruction (Article 28)

It makes provisions for religious instruction in different categories of educational institutions, as described below:
Institutions wholly maintained by the State- religious instruction is completely prohibited.
Institutions administered by the State but established under any endowment or trust – religious instruction is permitted.
Institutions recognized by the State- religious instruction is permitted on a voluntary basis i.e. with the consent of the
person.
Institutions receiving aid from the State- religious instruction is permitted on a voluntary basis i.e. with the consent of
the person.
Cultural and Educational Rights (Article 29 to Article 30)
These provisions of the Indian Constitution safeguard the rights of minorities to conserve their culture,
language, and script.
Protection of Interests of Minorities (Article 29)
It provides that:
•Any section of citizens having a distinct language, script, or culture of its own, shall have the right to conserve
the same.
•No citizen shall be denied admission into any educational institution maintained by the state or receiving aid
out-of-state funds on grounds only of religion, race, caste, or language.

Right of Minorities to Establish and Administer Educational Institutions (Article 30)

This provision grants minorities (both religious as well as linguistic) certain rights, such as the right to establish
and administer educational institutions of their choice, the right to impart education to their children in its own
language, etc.
Right to Constitutional Remedies (Article 32)
It confers the right to remedies for the enforcement of the fundamental rights in
case of violation of the same. It makes the following provisions regarding the
same:

•The right to move the Supreme Court for the enforcement of the Fundamental
Rights is guaranteed.

•The Supreme Court shall have the power to issue directions, orders, or writs for
the enforcement of fundamental rights.

•The Parliament can empower any other court to issue directions, orders, or writs
for the enforcement of fundamental rights.
RIGHT TO CONSTITUTIONAL REMEDIES
1)HABEAS CORPUS: An order by the court to the state to produce the person physically before it justifies
or release of person.

2) MANDAMUS: It is a command or order from a superior court to a subordinate court or tribunal or

public authority to perform its duty in case it is not doing it.

3) PROHIBITION: It is an order issued by a superior court to forbid a subordinate court from proceeding a
case which is beyond its jurisdiction.

4) QUO WARRANTO: This writ is issued to restrain a person from acting in a public office to which he/
she is not entitled.

5)CERTIORARI: Means “to be informed of what is going.”

Meaning of Fundamental Duties

The Fundamental Duties of Indian Constitution refer to a set of duties

prescribed for the citizens of that nation.

They act as a reminder to the citizens that in addition to the enjoyment of

rights, they also have to perform certain duties towards the nation they
live in.

In essence, Fundamental Duties can be summarised as a set of moral and

ethical obligations that citizens are expected to uphold towards a nation.
Evolution of Fundamental Duties in India
Originally, the Indian Constitution did not contain Fundamental
Duties. However, their need and necessity were felt during the operation of
the internal emergency from 1975 to 1977.

Accordingly, steps were taken by the government that led to the incorporation
and evolution of the Fundamental Duties in India:
Sardar Swaran Singh Committee

•In 1976, the Government of India appointed the Sardar Swaran

Singh Committee to make recommendations about Fundamental Duties.
• The Committee observed that in addition to the enjoyment of rights, the
citizens should also perform certain duties.
• Accordingly, it recommended the inclusion of a separate chapter on
Fundamental Duties in the Constitution, which would contain a list of 8
Fundamental Duties.
42nd Constitutional Amendment Act of 1976
•The Central Government accepted the recommendations of the Sardar
Swaran Singh Committee and decided to incorporate a list of fundamental
duties in the Constitution of India.
• Accordingly, it enacted the 42nd Constitutional Amendment Act in
1976, which added a new part (Part IVA) to the Constitution.

• This new part consists of only one Article (Article 51A) which
specifies a code of ten fundamental duties of the citizens of India.

• It is to be noted that though the Swaran Singh

Committee recommended the incorporation of eight Fundamental
Duties, the 42nd Constitutional Amendment Act included ten
Fundamental Duties.
86th Constitutional Amendment Act of 2002
•The 86th Constitutional Amendment Act of 2002 added one more
Fundamental Duty (to provide opportunities for education to his
child or ward between the ages of six and fourteen years).

•The list of Fundamental Duties in the Indian Constitution has been

constant since then.
List of Fundamental Duties in India
Article 51A in Part IV-A provides Eleven Fundamental Duties of Indian
Constitution. These fundamental duties are:

•To abide by the Constitution and respect its ideals and institutions, the
National Flag and the National Anthem

•To cherish and follow the noble ideals that inspired the national
struggle for freedom

•To uphold and protect the sovereignty, unity, and integrity of India
•To defend the country and render national service when called upon to do
so.

•To promote harmony and the spirit of common brotherhood amongst all
the people of India transcending religious, linguistic, and regional or
sectional diversities and to renounce practices derogatory to the dignity of
women.

•To value and preserve the rich heritage of the country’s composite culture.

•To protect and improve the natural environment including forests, lakes,
rivers, and wildlife, and to have compassion for living creatures.
•To develop a scientific temper, humanism, and the spirit of inquiry
and reform

•To safeguard public property and to abjure violence

•To strive towards excellence in all spheres of individual and

collective activity so that the nation constantly rises to higher levels
of endeavours and achievement, and

•To provide opportunities for education to his child or ward between

the age of six and fourteen years
(added by the 86th Constitutional Amendment Act of 2002).
What is Directive Principles of State Policy (DPSPs)?
The Directive Principles of State Policy, in the context of India, refers to a
set of guidelines or principles contained in the Indian Constitution.

They denote the ideals that the governments in India, both Central as well
as State, should keep in mind while formulating policies and enacting laws.

They constitute a very comprehensive socio-economic and political

program that would aid in achieving socio-economic justice and setting the
foundation for a modern and welfare state.

The idea of the Directive Principles of State Policy (DPSP) in the Indian
Constitution has been borrowed from the Irish Constitution.
Constitutional Provisions Related to DPSPs
Articles 36 to 51 in Part IV of the Indian Constitution contain
detailed provisions regarding the Directive Principles of State
Policy (DPSPs).

Dr. B.R. Ambedkar described the Directive Principles of State

Policy as ‘Novel Features’ of the Indian Constitution.

Granville Austin has described the Directive Principles of State

Policy and Fundamental Rights as the ‘Conscience of the
Constitution’.
LIST OF DIRECTIVE PRINCIPLES (ARTICLE 36-51)
Article 36- Defines the “state”.
Article 37-Part IV of the Indian Constitution shall not be enforceable in any
court of law.
Article 38-Social, Political and Economic Justice.
Article 39-Principles of Policy.
Article 39A-Free Legal aid.
Article 40-Organization of Panchayats.
Article 41-Welfare Government.
Article 42-Securing just and humane work and maternity relief.
Article 43-Fair wages and a decent standard of life.
Article 43-A-Workers’ participation in management.
Article 43-B-Promotion of Cooperatives.
Article 44-Uniform Civil Code.
Article 45-Infant and Child Care.
Article 46-Protection of SCs, STs and other weaker
sections from exploitation.
Article 47-Nutrition, Standard of living and public health.
Article 48-Scientific agriculture and animal husbandry.
Article 48-A-Environment and Wildlife Protection.
Article 49-Protection of monuments and places and objects
which have national importance.
Article 50-Judiciary should be separate from the Executive.
Article 51-The state shall promote international peace and
security.