#FUNDAMENTAL RIGHTS

#INTRODUCTION
●​ Magna Carta of India ( corner-stone of the constitution)
●​ Inspired from the USA bill of rights
●​ PART III (Art.12-35) and FRs-( Art.14-32)
●​ Promote political democracy and individual democracy
@FEATURES
●​ Fundamental to individual growth
●​ Incorporated in the constitution
●​ Guaranteed by the constitution ( Guarantee of FRs- SC and HC)
●​ Inviolable
●​ Justiciable - therefore, enforceable
●​ Only to Indian citizen - Art.15,16,19,29 and 30
●​ Not absolute (reasonable restriction)
●​ Parliament can repeal by CAA
●​ During emergency FRs can be suspended (except Article 20 and 21 during external
emergency and Art 19,20 and 21while internal emergency)
●​ Restricted while military rule
●​ Provide highest production
@TYPES OF FUNDAMENTAL RIGHTS (6)
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 Constitutional Remedies (Article 32)
(Originally, the constitution had 7 fundamental rights. The right to property under article 31 was
removed from Part III by 44th Constitutional Amendment Act in 1978 and now plays in Article
300A as a legal right)

#ARTICLE 12: DEFINITION OF STATE

According to Art.12, "the State" encompasses four distinct categories of authorities
1.​ Government and Parliament of India
2.​ Government and Legislature of States
3.​ Local Authorities
4.​ Other Authorities
@LOCAL AUTHORITIES
In RC Jain case, the supreme court lay down the test for determining which bodies are to be
considered a local authority under the definition of state enshrined in article 12 of the
constitution:
Held that if an authority:
1.​ has a separate legal existence
2.​ Functions in a defined area
3.​ Has the power to raise funds of its own
 4.​ Enjoys autonomy ie., self rule and
5.​ Is interested by a statue with functions which are usually entrusted to municipalities
@OTHER AUTHORITIES
In Ajay Hasiya case the supreme court lay down the criteria for determining the “other
authorities” enshrined under article 12 of the constitution
A body is said to be an in agency or instrumentality of a state if:
1.​ The entire share capital of the body is held by the government
2.​ Where the financial assistance given by the government is so large as to meet almost
the entire expenditure of the body
3.​ If the body enjoys monopoly status which is conferred or protected by the state
4.​ Existence of Deep and pervasive state control
5.​ If the functions performed by the body are of public importance and closed related to the
government function
(BCCI is not a state (zee telefilms case); judiciary is not a state (Hurra v. Hurra case)-but in
it's non judicial function the judiciary does come within the meaning of state)

#ARTICLE 13- LAW INCONSISTENT WITH OUR IN DEROGATION OF THE FUNDAMENTAL

RIGHTS
●​ Article 13(1) — Pre-Constitutional Laws: All laws that existed in India before the
Constitution came into effect (January 26, 1950) become void only to the extent of
their inconsistency with Fundamental Rights. The entire law does not become
absolute nullity; the offending part simply becomes dormant. (Doctrine of
severability+doctrine of eclipse)
●​ Article 13(2) — Post-Constitutional Laws:Prohibits the State from creating any new
law that takes away or restricts Fundamental Rights. Any law made in violation of
these rights is deemed to be void from its inception (void ab initio) to the extent of
such inconsistency ( Doctrine of severability)
●​ Article 13(3) — Broad Definition of "Law": To prevent the government from bypassing
this rule, "Law" is defined very broadly. It includes ordinances, orders, bye-laws, rules,
regulations, notifications, customs, or usages that hold legal force in India.
●​ Article 13(4) — Constitutional Amendments: Added via the 24th Amendment Act of
1971, this clause states that constitutional amendments made under Article 368 are not
considered "laws" under Article 13. This means Parliament can amend the Constitution,
provided it does not damage the "Basic Structure" of the Constitution (as ruled in the
landmark Kesavananda Bharati case).
@IMPORTANT CASE LAWS
1.​ Shankari Prasad case,1952- Parliament can amend even part III of the constitution
2.​ Golaknath v. State of Punjab (1967)-Parliament cannot amend part III of the
constitution
3.​ 24th CAA,1971- parliament can amend any part of the constitution
4.​ Kesavananda Bharati Case (1973)- Parliament can amend any part of the Constitution
including fundamental rights, but it cannot violate the basic structure of the constitution

#VARIOUS FUNDAMENTAL RIGHT

[Link] TO EQUALITY (ARTICLES 14–18)
[Link] 14: EQUALITY BEFORE LAW AND EQUAL PROTECTION BY LAW
@EQUALITY BEFORE LAW
●​ UK concept
●​ The absence of special privileges and equal subjection of all to the law.
●​ No one is above the law
●​ Rule of law ([Link])
●​ Negative concept
●​ Generalist
@EQUAL PROTECTION BY LAW
●​ USA concept
●​ It means that persons in the same circumstances should be treated similarly- Likes
should be treated alike
●​ It also means that the state can treat unequals differently to create a level playing field
for everyone
●​ The legislature can classify a homogeneous group of people and treat them differently
●​ However such classification must satisfy two condition
1.​ Intelligible Differentia: The classification must be clear with identifiable
differences that distinguish those grouped together from those left out.
2.​ Rational Nexus: These differences must have a direct and rational connection to
the specific objective the law aims to achieve
●​ In simple words, classification must be “reasonable classification”
@EXCEPTION
1.​ President and Governors: Under Article 361, they are not answerable to any court for
the exercise of their official powers and duties.
2.​ Foreign Diplomats: Envoys and foreign sovereigns enjoy immunity from Indian courts
and legal processes.
3.​ Parliamentary privilege: MPs & MLAs: Art.105 and 194
4.​ Article 31C: laws made by the government to implement the dpsp in article 39 b and c
are immune from challenge on the ground that day violate Article 14
5.​ Special Professional Rules: Medical practitioners, members of the armed forces, and
legal professionals are governed by special laws and regulatory councils relevant to their
domains.

[Link] 15: PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION, RACE,

CASTE, SEX OR PLACE OF BIRTH
@ARTICLE 15(1) Prohibition of discrimination on certain Grounds only
●​ This article states that,The state shall not discriminate against any Citizen on the
grounds only of religion, race , caste,sex, place of birth or any of them
●​ The word only is that if there is any other ground or consideration for differential
treatment besides those prohibited by this article, the discrimination will not be
unconstitutional
@ARTICLE 15(2): NO CITIZEN CAN BE DENIED ACCESS TO PUBLIC SPACES
 ●​ 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.
( So it also include the private property used for public use)
@ARTICLE 15 (3): SPECIAL PROVISION FOR WOMEN AND CHILDREN
●​ Nothing in this article shall prevent the State from making any special provision for
women and children
●​ It is an enabling clause
@ARTICLE 15(4): SOCIAL AND EDUCATIONALLY BACKWARD CLASS
●​ It permits the state to create special provisions for the progress of socially and
educationally backward classes, SCs, and STs.
●​ It is an enabling provision added by the First Constitutional Amendment Act, 1951 after
the Chempakam Dorairajan case
●​ M.R. Balaji v. State of Mysore (1963): ruled that caste cannot be the sole criterion for
backwardness and established a general 50% ceiling on reservations.
●​ Indra Sawhney v. Union of India (1992): Solidified the 50% cap and introduced the
"Creamy Layer" exclusion for OBCs.
●​ Nivedita Jain (1981): Allowed for the relaxation of minimum qualifying marks for SC/ST
candidates
@ARTICLE 15(5): RESERVATION IN PUBLIC AND PRIVATE EDUCATIONAL INSTITUTION
●​ Article 15(5) of the Indian Constitution empowers the State to make special provisions,
including reservations, for the advancement of socially and educationally backward
classes (OBCs), Scheduled Castes (SCs), and Scheduled Tribes (STs) regarding
admission into educational institutions, including private institutions, whether aided or
unaided by the State, with the sole exception of minority educational institutions.
●​ Inserted by the 93rd Constitutional Amendment Act in 2005
@ARTICLE 15(6): EWS RESERVATION
●​ Article 15(6) of the Indian Constitution provides the Economically Weaker Sections
(EWS) quota, allowing the State to reserve up to 10% of seats in educational
institutions. It ensures economic advancement for citizens who are not covered under
existing SC, ST, or OBC reservation policies
●​ Applies to State-run, State-aided, and private unaided educational institutions.
●​ Minority educational institutions (referred to in Article 30(1)) are completely exempt from
this quota.
●​ This clause was added to the Constitution via the 103rd Constitutional Amendment Act
of 2019.
¥ELIGIBILITY CRITERIA
To qualify as an Economically Weaker Section (EWS) under Article 15(6), an individual's family
must generally meet the following central criteria:
1.​ Income Threshold: The family's gross annual income must be below ₹8 lakh. This
includes income from all sources (salary, agriculture, business, profession) for the
financial year prior to the application.
 2.​ Asset Limits: The family must not own or possess any of the following assets:
●​ 5 acres of agricultural land and above.
●​ Residential flat of 1,000 sq. ft. and above.
●​ Residential plot of 100 sq. yards and above in notified municipalities.
●​ Residential plot of 200 sq. yards and above in areas other than notified
municipalities
¥Judicial Validity
●​ The introduction of the 10% EWS quota fundamentally challenged the pre-established
50% cap on reservations set by the Supreme Court in landmark judgments like Indra
Sawhney v. Union of India (1992).
●​ In November 2022 (Janhit Abhiyan v. Union of India), a five-judge Constitution Bench
of the Supreme Court upheld the constitutional validity of Article 15(6) with a 3:2
majority. The Court ruled that:
1.​ The 50% ceiling limit is not inflexible and can be breached for affirmative action.
2.​ Providing reservations solely on economic criteria does not violate the "Basic
Structure" of the Indian Constitution.
3.​ Treating the unreserved/general category poor as a separate class is a rational
classification.

[Link] 16: EQUALITY OF OPPORTUNITY IN MATTERS OF PUBLIC EMPLOYMENT

@ARTICLE 16(1): EQUALITY OF OPPORTUNITY
●​ Article 16(1) of the Indian Constitution guarantees equality of opportunity for all citizens
in matters relating to employment or appointment to any office under the State.
●​ It also includes matters related to promotion and termination as well
●​ Applicable only to public employment-not private employment
@ARTICLE 16(2): NO DISCRIMINATION
●​ "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.”
●​ Apart from RRCSP or any of them, states can use other criteria for discrimination
regarding employment- like discipline, efficiency, education qualification, etc.
@ARTICLE 16(3): EXCEPTION RELATED TO RESIDENCE WITHIN A STATE
●​ Article 16(3) of the Indian Constitution empowers the Parliament (and explicitly not
individual state legislatures) to enact laws that require citizens to reside within a
particular State or Union Territory as a condition for certain public employment or
appointment
●​ Historically, the Parliament enacted the Public Employment (Requirement as to
Residence) Act in 1957. This law allowed for residential requirements in specific
non-gazetted posts for states like Andhra Pradesh, Manipur, Tripura, and Himachal
[Link], to promote a unified national identity and free labor mobility, this act
was repealed in 1974.
●​ Today, residential qualifications as an employment requirement are largely
abolished across general states.
¥Exceptions and Special Cases
 ●​ Article 371-D (Andhra Pradesh & Telangana): This article allows for the continuation
of local quotas and "Zonal" systems in employment within Andhra Pradesh and
Telangana to preserve regional balance.
●​ Article 371-E: Allows Parliament to establish a Central University in Andhra Pradesh,
ensuring local educational and employment opportunities.
@ARTICLE 16(4): RESERVATION
●​ Article 16(4) of the Indian Constitution is an enabling provision that empowers the State
to make reservations in public employment for any backward class of citizens that is not
adequately represented in government services.
●​ ARTICLE 335: the claims of members of SC and STa shall be taken into consideration
consistently with the maintenance of efficiency of Administration, in the making of
appointments to the services and the post in connection with the affairs of the union or of
a state (In 82nd CAA,2000, proviso to Article 335 was added which empowers the state
to relax the qualifying marks in any examination or lower the standard of evaluation for
reservation in matters of promotion of SC and SC to any class of service or post)
●​ Article 16(4A) - empowers the State to provide reservation in matters of promotion,
with consequential seniority, for SCs and STs if they are inadequately represented in
government services (added in the 77th CAA,1995)
●​ Article 16(4B) - institutionalises the "Carry-Forward Rule," allowing the State to treat
unfilled, reserved backlog vacancies from previous years as a separate class of
vacancies that do not count toward the 50% legal ceiling on reservations in a given year.
Inserted by the 81st Constitutional Amendment Act, 2000, this provision directly
nullified a restrictive ruling from the landmark Indra Sawhney judgment
@ARTICLE 16(5): SPECIFIC EXCEPTION
●​ It permits the State to enact laws requiring that the head or governing body of a
religious or denominational institution must belong to that specific religion or
denomination
@ARTICLE 16(6): EWS
●​ It empowers the State to provide up to 10% reservation in government jobs for
Economically Weaker Sections (EWS) who are not covered under existing reservation
schemes (like SC, ST, or OBC).

[Link] 17: ABOLITION OFUNTOUCHABILITY

@Untouchability (offence) Act 1955
●​ 1976: Renamed protection of Civil Rights Act 1955
●​ 6 month imprison & 500 penalty
@1989 – SC, ST (Prevention of Atrocities) Act
●​ Convicted of Offence – leads to Disqualified from contesting election :M.P.,MLA
¥ Offences
1.​ Preventing public worship
2.​ Justifying untouchability
3.​ Denying access to any shops
4.​ Insulting SC
5.​ Refusing Admit
 6.​ Preaching untouchability
7.​ Refusing

[Link] 18: ABOLITION OF TITLES

●​ According to this article, “No title shall be conferred by the state”
●​ except: Military, Academic
●​ It provides a blanket ban on citizens to accept any title from any foreign state. However
the foreigners ( working under State/PSU) are provided with an exemption that they can
accept the title from a foreign state after taking the consent from the president of India
●​ 1954 Padma Awards: Balaji Raghavan Vs UOI 1996: National Award not affected Art
[Link],Not to use in Prefix or Suffix

[Link] TO FREEDOM (ARTICLES 19–22)

[Link] 19: SIX FREEDOMS
Right to six Freedom
●​ 19 (1) a - Freedom of speech
●​ 19 (1) b - Freedom of Assembly
●​ 19 (1) c - Freedom of Association
●​ 19 (1) d - Freedom of move India
●​ 19 (1) e - Freedom of Reside & Settle
●​ 19 (1) f - Freedom of acquire property
●​ 19 (1) g - Freedom of profession
@ART.19(1)(a): FREEDOM OF SPEECH
●​ Article 19(1)(a) of the Constitution of India guarantees all Indian citizens the
Fundamental Right to Freedom of Speech and Expression.
●​ This right allows individuals to propagate, communicate, and express their convictions,
thoughts, and opinions freely by speech,write and pictograph
¥ SC SAYS IT INCLUDES:
●​ Right to propaganda
●​ Freedom of press
●​ Advertisement
●​ Against tapping
●​ Against bandh
●​ To telecast
●​ Know about government activities
●​ Be silent
●​ Demonstration
●​ Against Pre-censorship
¥RESTRICTION- Art.19(2)
1.​ Sovereignty and Integrity of India- refers to “serious and aggravated form of public
disorder”- added by the 16th CAA,1963- to prevent cession
2.​ Security of the state
3.​ Affecting friendly relation with foreign States - added by the 1st CAA,1951
4.​ Public order - added by the 1st CAA,1951 after Ramesh Thapar case,1950
 5.​ Decency or morality
6.​ Contempt of court- Article.129 and 215 empowers the supreme court and the high court
respectively to punish for their respective contempt + (Contempt of Court Act
1971-seeks to codify the law of contempt of court)
7.​ Defarmation- In India, it is both Civil and criminal offence

@ARTICLE 19(1)(b): FREEDOM TO ASSEMBLE

●​ Article 19(1)(b) of the Indian Constitution guarantees all citizens the right to assemble
peacefully and without arms
¥RESTRICTION- Art.19(3)
●​ Art.19(3) provides for imposition of reasonable restriction by state by law in the interest
of the sovereignty and integrity of India or public order
●​ Section 141 IPC (now Section 189,BNS) defines an Unlawful Assembly. It states that
a gathering of five or more persons is unlawful if their common objective is to commit a
crime, disrupt public peace, or use force against the government or individuals.
●​ Section 144 CrPC, 1973 ( now Sec.163 BNSS,2023)is a legal provision that empowers
an Executive Magistrate to issue orders aimed at maintaining public tranquility and
preventing urgent cases of nuisance or apprehended danger.
It provides that:
1.​ Assembly Restrictions: It prohibits the gathering of four or more individuals in a
specified public area.
2.​ Weapon Ban: Civilians are strictly barred from carrying or transporting weapons,
including firearms, lathis, and sharp objects.
3.​ Public Events: Holding public rallies, meetings, or processions is completely
barred.
4.​ Educational Institutions: Educational centers, schools, and colleges in the
jurisdiction typically remain closed.
5.​ Internet Shutdowns: Magistrates can order telecom service providers to
suspend internet access to curb
6.​ Who Can Impose It: District Magistrates, Sub-divisional Magistrates, or other
Executive Magistrates empowered by the State Government.
7.​ Duration: It is a temporary measure, initially valid for up to 2 months. However,
state governments can extend it up to a maximum of 6 months.
8.​ Penalties: Violating an order under this section is a cognizable offense and can
result in up to 3 years in prison, a fine, or both.

@ARTICLE 19(1)(c): FREEDOM TO FORM ASSOCIATION

●​ Article 19(1)(c) of the Indian Constitution guarantees all citizens the fundamental right "to
form associations or unions or co-operative societies”
●​ While people are free to form Association is a fundamental right, getting the body
recognised is not a fundamental right
¥RESTRICTION- Art.19(4)
●​ Art.19(4) provides for imposition of reasonable restriction by state by law in the interest
of the sovereignty and integrity of India or public order or morality
 ●​ It should be not at that the trade unions do not have guaranteed right to strike or
bandh

@ARTICLE 19(1)(d): FREEDOM TO MOVEMENT

●​ Article 19(1)(d) of the Indian Constitution guarantees every citizen the fundamental right
to "move freely throughout the territory of India”
¥RESTRICTION- Art.19(5)
●​ Article,19(5) provides for imposition of reasonable restriction on the exercise of freedom
of movement by law in the interest of the general public order or for the protection of the
interest of any scheduled tribes
●​ Welfare of people - prostitutes/ HIV patient
●​ Tribal - preservation of culture

@ARTICLE 19(1)(e): FREEDOM TO RESIDE

●​ Article 19(1)(e) of the Constitution of India guarantees all Indian citizens the
fundamental right to reside and settle in any part of the territory of India.
¥RESTRICTION- Art.19(5)
This right is not absolute. Under Article 19(5), the State can impose legal and reasonable
restrictions on this freedom under two major grounds:
●​ Interest of the General Public: Banning specific individuals (like habitual offenders or
sex workers) from entering or residing in certain congested or public areas to preserve
health, safety, and morals.
●​ Protection of Scheduled Tribes: Restricting outsiders from purchasing land or settling
down permanently in tribal areas to protect the unique culture, language, traditions, and
traditional economies of Scheduled Tribes against exploitation

@ARTICLE 19(1)(f): FREEDOM TO ACQUIRE PROPERTY

●​ Article 19(1)(f) of the original Indian Constitution guaranteed citizens the fundamental
right to acquire, hold, and dispose of property.
●​ However, it was repealed and deleted by the 44th Constitutional Amendment Act
in 1978. Property rights are now only legal rights under Article 300A. PART XII

@ARTICLE 19(1)(g): FREEDOM TO ACQUIRE PROPERTY

●​ Article 19(1)(g) of the Constitution of India guarantees all citizens the fundamental right
to practice any profession, or to carry on any occupation, trade, or business.
¥RESTRICTION
●​ Qualification
●​ State can engage certain trade

[Link] 20: PROTECTION IN RESPECT OF CONVICTION OF OFFENCE

1. Article 20(1): Protection Against Ex-Post Facto Laws
This clause bars the State from enacting retrospective criminal legislation. It establishes two key
protections:
 ●​ No Retrospective Offence: A person can only be convicted for violating a law that was
active at the time the act was committed. An act that was legal when done cannot be
criminalised retroactively.
●​ No Enhanced Punishment: An individual cannot be subjected to a penalty greater than
what was prescribed by the law at the time of the offence
●​ Crucial Exception: This protection only applies to criminal laws, not civil or tax liabilities.
The Supreme Court has also ruled that if a retrospective law reduces a punishment, the
accused can claim the benefit.
2. Article 20(2): Protection Against Double Jeopardy
●​ This clause states that "No person shall be prosecuted and punished for the same
offence more than once".
●​ It is derived from the common law maxim nemo debet bis vexari (no man should be put
twice in peril for the same offence).
●​ Strict Application: To claim protection under Article 20(2), the person must have been
both prosecuted and punished in a previous proceeding before a court of law or judicial
tribunal.
●​ Departmental Proceedings: This right does not bar departmental, administrative, or
disciplinary actions. For example, if a government official is dismissed via an internal
inquiry for corruption, they can still be prosecuted in a criminal court for the same act.
●​ (Note: Statutory law under Section 300 of the CrPC / Section 337 of the Bharatiya
Nagarik Suraksha Sanhita (BNSS) offers a wider scope of protection, barring retrial even
if the person was previously acquitted.)
3. Article 20(3): Protection Against Self-Incrimination
●​ This clause protects individuals from being compelled to testify against themselves,
establishing the right to remain silent.
●​ Essential Conditions: To invoke this protection, the individual must be accused of an
offence and there must be testimonial compulsion (forced oral or written statements).
●​ What is Not Protected: It does not protect against giving physical or material evidence.
An accused can be compelled to provide thumb impressions, specimen signatures,
blood samples, or DNA samples.
●​ Landmark Ruling: In the famous Selvi v. State of Karnataka (2010) case, the
Supreme Court ruled that involuntary administration of Narco-analysis, polygraph tests
(lie detector tests), or Brain Mapping violates Article 20(3) and Article 21, making them
unconstitutional without the accused's consent

[Link] 21:PROTECTION OF LIFE AND PERSONAL LIBERTY

●​ No person shall be deprived of his life or personal liberty except according to a
procedure established by law".
@AK GOPALAN CASE-NARROW INTERPRETATION
●​ Provided an action is an accordance with the procedure established by law ie., it is not
an arbitrary executive action then the same cannot be held to be violative of article 21 of
the constitution- procedure established by law (Japan)
@MENAKA GANDHI CASE-BROAD INTERPRETATION
●​ “Procedure” must be just, fair, reasonable- Due process of law- (USA)
 ●​ Article 14, 19 and 21 or not water tight compartments and thus they must be interpreted
together
●​ In this case Supreme Court has held that the right to live is not nearly confined to the
physical existence but it includes within its ambit the right to live with human dignity

¥ARTICLE 21 A: RIGHT TO EDUCATION

●​ Article 21A was inserted in the 86th CAA,2002. [Added article 45, an article 51A(k)]
●​ This article says that the state shall provide free and compulsory education to all children
of the age of 6 to 14 years in such manner as the state may, by law, determine
●​ RTE Act,2009- came into force on 1st April 2010

[Link] 22: PROTECTION AGAINST ARREST & DETENTION

@Part 1: Punitive Detention (Clauses 1 & 2)These clauses apply to ordinary arrests made for
suspected criminal offenses.
●​ Clause 1: Right to be Informed & Legal Counsel
No person arrested can be detained in custody without being informed, as soon as
possible, of the grounds for their arrest. Furthermore, they cannot be denied the right to
consult and be defended by a legal practitioner (lawyer) of their choice.
●​ Clause 2: The 24-Hour Production Rule
Every arrested person in custody must be produced before the nearest magistrate within
24 hours of their arrest.
This time frame strictly excludes the actual journey time from the place of arrest to the
magistrate's court
@Part 2: Preventive Detention (Clauses 4, 5, 6, & 7)
These clauses deal with the power of the State to detain a person simply to prevent them from
committing a crime or posing a threat to public order or national security (e.g., under laws like
the National Security Act).
●​ Clause 4: Advisory Board Approval
A person cannot be detained under preventive detention for longer than 3 months
unless an Advisory Board (consisting of persons who are or have been qualified as High
Court judges) reports that there is sufficient cause for extended detention.
●​ Clause 5: Communication of Grounds
When a person is detained under a preventive detention order, the authority must
communicate the grounds of detention "as soon as may be" and give them the earliest
opportunity to make a representation against the order
●​ Clause 6: Withholding Public Interest Information
Clause 5 does not require the authority to disclose facts which they consider to be
against the public interest to disclose.
●​ Clause 7: Parliamentary Power: Parliament is given the authority to prescribe
circumstances, classes of cases, and maximum periods for which a person may be
detained by an Advisory Board. Parliament can also bypass the Advisory Board
requirement entirely under specific legislated circumstances
@Exception
Clause 3: The fundamental rights guaranteed in Clauses 1 and 2 do not apply to two categories
of people:
●​ Enemy Aliens: Citizens of a country with which India is at war.
●​ Preventive Detainees: Individuals arrested under any law providing for preventive
detention.
(PREVENTIVE DETENTION ACT:
●​ USA(unknown) and UK (during the world war): British India: Bengal State prisoners
Regulation Act of 1818, Defence of India Act of 1939
@POST INDEPENDENT INDIA
●​ Preventive Detention Act 1950, (Expired in 1969)
●​ Maintenance of Internal Security ACT (MISA) 1971 – Repealed in 1977
●​ Conservation of Foreign Exchange and Prevention of Smuggling Activities (COFEPOSA)
1974.
●​ National Security Act (NASA), 1980
●​ Prevention of Black-Marketing and Maintenance of Supplies of Essential Commodities
Act (PBMSECA), 1980
●​ Terrorist and Disruptive Activities (Prevention) Act (TADA), 1985 – Repealed
●​ Prevention of Illicit Traffic in Narcotic Drugs & Psychotropic Substances (PITNDPSA)
1988
●​ Prevention of Terrorism Act (POTA), 2002 – Repealed in 2004

[Link] AGAINST EXPLOITATION (Articles 23–24)

[Link] 23: RIGHT AGAINST EXPLOITATION
●​ 23 (1):Prohibit - Trafficking in Human Beings + Selling & Buying of Men, Women,
Children, Prostitutes, Devadasi, Slavery, Begar, Compulsory work without remuneration
(Bonded Labor)
●​ Exceptions – 23(2)
1.​ Permits the State to impose compulsory service for public purposes
For instance, Military and social services
2.​ State is not permitted to make any discrimination on grounds only of religion,
race, caste or class
¥Parliament Act (Under Art 23)
1.​ Bonded Labour System (Abolition) Act, 1976
2.​ Minimum Wages Act, 1948
3.​ The Contract Labour Act, 1970
4.​ Equal Remuneration Act, 1976

[Link] 24: PROHIBITION OF EMPLOYMENT OF CHILDREN

Prohibit
●​ Employment of Children below Age of 14 (Hazardous employment)
●​ 2016 → All occupation & process (1986 Child Labour Act)
●​ Employment of adolescents (14 – 18) in hazardous Occupation
@1996 : MC Mehta's case
●​ Child Labour Rehabilitation Welfare Fund (MC Mehta Case
 ●​ Fine Rs. 20,000 (Sivakasi)
@2006
●​ Employment of children as domestic servants
●​ National Commission for Child Rights Act 2005
●​ Children's court
@Parliament Act (Under Art 24)
1.​ Child Labour (Prohibition and Regulation) Act, 1986
2.​ Employment of Children Act, 1938
3.​ Factories Act, 1948
4.​ Mines Act, 1952
5.​ Plantation Labour Act, 1951
6.​ Motor Transport Workers Act, 1951
7.​ Apprentices Act, 1961
8.​ Bidi and cigar workers Act, 1966

[Link] TO FREEDOM OF RELIGION (Articles 25–28)

[Link] 25 : FREEDOM OF RELIGION
●​ Article 25 of the Indian Constitution guarantees the fundamental right to freedom of
conscience and the right to freely profess, practice, and propagate religion to every
person, not just citizens.
●​ However, this right is not absolute and comes with specific provisions
1.​ Freedom of Conscience (25(1))
2.​ Right to Profess (25(1)
3.​ Right to Practice (25(1))
4.​ Right to propagate (25(1))
5.​ State Regulate Religious practices (25(2))
6.​ Social Welfare (25(2))
@RESTRICTION:
●​ No forced conversion
●​ Public order
●​ Moralit
●​ Health
@Art 25 contains: Kirpans + Hindu (includes Sikhs, Jains, Buddhists)

[Link] 26: FREEDOM TO MANAGE RELIGIOUS AFFAIRS

●​ Manage Religious Affairs
●​ Establish Religious Charitable Purpose
●​ Manage its own affairs
●​ Acquire movable & immovable property
●​ Administer such property
@S/C → Religious Denomination?
1.​ Collection of individuals – belief/Doctrine
2.​ Common Organisation
3.​ Distinctive name
 Eg. RamaKrishna Mission
@Restriction:Public order,Morality,Health

III. ARTICLE 27: Freedom from Taxation for Promotion of a Religion

●​ "No person shall be compelled to pay any taxes, the proceeds of which are specifically
appropriated in payment of expenses for the promotion or maintenance of any particular
religion or religious denomination.’
●​ Prohibit only levy of a Tax, not a fee (Pilgrimage)
●​ Prohibit Jizya Tax (Non-Muslim)

IV. ARTICLE 28: Freedom of Attending Religious instruction

@4 Type Education Institution:
1.​ 28 (1): Wholly maintained by the state — Completely prohibited
2.​ 28 (2): Admin by state but under endowment Trust — Permitted
3.​ 28 (3): Recognised by state — Permitted (voluntary)
4.​ 28 (4): Aid from State — Permitted (voluntary)

[Link] AND EDUCATIONAL RIGHTS (Articles 29–30)

I. ARTICLE 29: PROTECTION OF INTEREST OF MINORITY
1.​ Article 29(1): Protection of Language, Script, and Culture: This clause guarantees
that any distinct group of citizens within India has the right to preserve its unique
language, script, or culture.
It applies to both religious/linguistic minorities and majority groups, as clarified by the
Supreme Court. (SC→Art 29 not only for minorities but also work majority)
2.​ Article 29(2): Prohibition of Discrimination in Educational Admissions:It prohibits the
state from denying any citizen admission into any educational institution that is
maintained by the State or receiving aid out of State funds on grounds only of religion,
race, caste, language, or any of them.
(“Sex” and “place of birth” can be the ground for discrimination)

II. ARTICLE 30: MINORITY ESTABLISH AND ADMINISTER EDUCATION INSTITUTION

●​ Article 30(1): All minorities, whether defined by religion or language, possess the
fundamental right to establish and run educational institutions according to their choice.
●​ Article 30(1A): Added by the 44th Amendment Act of 1978, this clause ensures that, if
the government passes a law for the compulsory acquisition of property belonging to a
minority educational institution, the compensation provided must be adequate enough so
it does not restrict or abrogate their right to establish and administer that institution
●​ Article 30(2): The State cannot discriminate against any educational institution when
granting financial aid on the grounds that it is under minority management

[Link] TO CONSTITUTIONAL REMEDIES (ARTICLE 32)

●​ Art 32: Constitutional Remedies
●​ Dr. Ambedkar:
1.​ Without this article constitution is Nullity
 2.​ Very soul & Heart of the Indian Constitution
●​ Most Important article is 32
●​ S/C: Guardian of the constitution
●​ Borrowed from English law (prerogative writs) → Foundatio
●​ Before 1950, issue writs of Highcourt: Mumbai,Madras and Calcutta
@WRITS
●​ means: Written statement of summon
●​ Speedy Judgement
@SC [Link]
Supreme court (32) —-------------High Court (226):
1.​ Enforcement only FRs - Enforcement
2.​ Territory of India - Within Territory
3.​ May not Refuse - May Refuse
4.​ Mandatory Power - Discretionary Power
5.​ Part III - Not a Part III
6.​ Less Scope (Narrow Power)- More Scope (Wide Power)
7.​ Suspended During Emergency - No Suspended During Emergency / Adequate

@4 PROVISION REGARDING ARTICLE 32

●​ Right to move S/C (FRs is guaranteed)
●​ Power to Issue writs
●​ Parliament can empower any other Court
●​ Shall not be suspended except during National Emergency (359)
●​ Art 359 – President can suspend art 32 during National Emergency
@TYPES OF WRITS:
[Link] Corpus: To have body of
●​ Order the court to produce detainee (within 24 hours)
●​ Court examine legality of detention
●​ Issue against:Public and Private
●​ Not Issue:Lawful, Outside the court, Contempt of court, Contempt of Legislature
●​ Only This writ Appeal to SC
[Link]: We command
●​ Issued to public official
●​ Asking his to perform his official duties
●​ Issued:Public Body,Corporation,Inferior court, Government
●​ Not Issued:Private Individual,President / Governor and Chief Justice of H/C
●​ Only Mandatory power / No Discretionary power
[Link]: To forbid
●​ Issued higher court to lower court
●​ Issued only:Judicial,Quasi Judicial Body
●​ Not Issued:Administrative Authority, Legislative bodies,Private Individuals
●​ Grounds:Excess of Jurisdiction,Absence of Jurisdiction
●​ Ultra Vires (Error of law)
[Link]: To be certified
 ●​ Issued by higher court to lower court (error of law)
●​ Issued against:Judicial,Quasi Judicial and 1991 (SC) Administrative Authority
●​ Not Issue:Legislative body,Private individual
●​ Quash the Judgement
[Link] – Warranto: By What Authority
●​ Legality of claim of a person to a public office
●​ Prevent Illegal Usurpation
●​ Not Issued:Ministerial office, Private Office

# OTHER ARTICLES IN PART III

I. ARTICLE 33: ARMED FORCES- RESTRICTION
●​ Article 33 of the Indian Constitution empowers the Parliament to restrict or abrogate
(abolish) the Fundamental Rights of specific categories of personnel to ensure they can
properly discharge their duties and maintain discipline.
●​ This article applies exclusively to:
1.​ Members of the Armed Forces (military, navy, air force)
2.​ Members of forces charged with maintaining public order (police, paramilitary)
3.​ Persons employed in intelligence or counter-intelligence organization
4.​ Personnel working for telecommunication systems connected to any of the above
force
●​ Power of Parliament: Only the Parliament (not state legislatures) has the authority to
enact laws restricting these rights.
●​ Immunity from Challenge: Any law created by Parliament under this article cannot be
legally challenged in court on the grounds that it violates the Fundamental Rights
guaranteed under Part III of the Constitution

II. ARTICLE 34: MARTIAL LAW IN FORCE

●​ Article 34 of the Indian Constitution restricts Fundamental Rights while martial law is in
force in any area within the territory of India.
●​ It gives the Indian Parliament the unique power to protect (indemnify) government
servants or citizens for any actions they take to maintain or restore law and order during
such times.
●​ ‘Martial Law’ is not defined under the constitution. Military authorities run the
administration with their own rules and regulation
●​ Imposing due to: war, invasion or rebellion
●​ Implicitly mention

III. ARTICLE 35: PARLIAMENT POWER TO MAKE A LAW

●​ Article 35 of the Indian Constitution grants exclusive power to the Parliament to make
laws that give effect to certain Fundamental Rights.
●​ Exclusive Law-Making Power: Parliament to make laws for Articles 16,32,33 and 34
●​ Power to make laws for prescribing punishment under Article 17 and 23
●​ Law in force until altered or repealed- Eg: IPC,CrPC,IEA
#EXCEPTION TO FUNDAMENTAL RIGHT
[Link] 31A: SAVING LAWS
●​ Article 31A of the Indian Constitution is a crucial constitutional provision that saves
specific categories of laws from being challenged or invalidated on the grounds that they
violate Fundamental Rights.
●​ Specifically, it protects laws from judicial scrutiny under Article 14 (Right to Equality)
and Article 19 (Right to Freedom).
●​ Added by the 1st CAA,1951
●​ Protect 5 category of laws:
1.​ Acquisition of estate
2.​ Takeover of management
3.​ Amalgamation of Corporation
4.​ Modification of rights of corporate agents: managing agents, directors, managers,
or the voting rights of shareholders.
5.​ Modification of mining lease
●​ If a state legislature enacts a law falling under Article 31A, it will not enjoy immunity
unless it has been reserved for the consideration of the President of India and has
received their assent
●​ As established by the Supreme Court in Landmark cases like Minerva Mills v. Union of
India and Waman Rao v. Union of India, laws enacted under Article 31A cannot violate
the basic structure of the Constitution

[Link] 31B: VALIDATION OF CERTAIN ACT AND REGULATION

●​ Article 31B of the Indian Constitution provides blanket immunity to specific laws and
regulations from being challenged or invalidated by the courts on the grounds that they
violate any Fundamental Rights.
●​ This protection applies to any law listed in the Constitution's Ninth Schedule.
●​ Added by the 1st CAA,1951
●​ This protection applies "notwithstanding any judgment, decree or order of any court or
tribunal to the contrary". Even if a court strikes a law down, placing it in the Ninth
Schedule validates it retrospectively

[Link] 31C: SAVING LAWS FOR DPSP

●​ Added 25th CAA 1971
●​ Provision I:It states that no law designed to implement the DPSPs under Article 39(b)
(equitable distribution of community material resources) and Article 39(c) (prevention of
concentration of wealth) will be void simply because it conflicts with Article 14 (Right to
Equality) or Article 19 (Right to Freedom).
●​ Provision II – No Question in any court
●​ K.B. Case → 2nd provision is unconstitutional
●​ 42nd CAA 1976 - 31C is extended (Any DPSP)
●​ Minerva Mill case 1980: 42nd CAA extension is unconstitutional