Fundamental Rights (FRs) → Part III of Constitution, Articles 12-35.

Inspiration → Magna Carta (1215), US Bill of Rights, French Revolution.

Nehru Report (1928) by Motilal Nehru also demanded a bill of rights.
FRs include both individual rights (Art 14, 15) & collective rights (minority rights).
Principle "Like should be treated alike" is applied for collective rights.
Term "Fundamental" → essential for all-round (material, intellectual, moral, spiritual) development.
FRs establish political democracy & prevent authoritarian/despotic rule.
Most FRs are self-executory; some require laws for enforcement (e.g., RTE Act for Art 21A).
FRs are not absolute but qualified, subject to reasonable restrictions.
Some FRs are positive (State must do something, e.g., Art 21A), some are negative (limit State's actions).
Some rights are only for citizens; others for all persons (including foreigners & legal persons like corporations).
FRs are mostly available against the State, with some exceptions against private individuals.
FRs are not sacrosanct/permanent; Parliament can amend them without altering the 'basic structure'.
FRs are guaranteed & protected by the Constitution; Supreme Court is the guardian.
FRs can be suspended during a National Emergency, except for Articles 20 & 21.
Art. 19 is suspended only during an emergency declared on grounds of war or external aggression.
Scope of FRs is limited by Articles 31A, 31B, and 31C.
Article 12 → Defines the 'State'.
'State' includes → Govt/Parliament of India, Govt/Legislatures of States, all local authorities, all other statutory/non-
statutory authorities (LIC, ONGC).
A private body acting as an instrument of the State falls under Art 12's definition of 'State'.
Judiciary's non-judicial (administrative) functions are 'State' under Art 12; judicial functions are not.
Supreme Court: BCCI is a private body, not 'State'.
Delhi HC: UN is not 'State' under Art 12.
Article 13 → All laws inconsistent with or in derogation of FRs shall be void (Doctrine of Judicial Review).
'Law' under Art 13 includes → Acts of Parliament/legislatures, ordinances, orders, by-laws, regulations, notifications,
customs having force of law.
A constitutional amendment is not a 'law' under Art 13 (Shankari Prasad Case).
A constitutional amendment is a 'law' (Golaknath Case).
A constitutional amendment can be challenged if it violates the 'basic structure' (Kesavananda Bharati Case).
Article 14 → Equality before law & equal protection of laws.
Equality before law → British concept; absence of any special privileges.
Equal protection of laws → American concept; equality of treatment under equal circumstances.
Rule of Law (A.V. Dicey) in India includes: absence of arbitrary power & equality before law.
Supreme Court → Rule of law under Art 14 is part of the 'basic structure'.
Exceptions to equality → President/Governor immunities (Art 361), privileges for MPs/MLAs, special provisions for
women/children.
Article 15 → Prohibits discrimination against citizens on grounds only of religion, race, caste, sex, or place of birth.
Art. 15(2) → Prohibits discrimination regarding access to public places (shops, hotels, wells, tanks, roads).
Exceptions to Art 15 → Special provisions for women/children; advancement of SEBCs/SCs/STs; advancement of EWS.
Central Educational Institutions (Reservation in Admission) Act, 2006 → 27% reservation for OBCs in central higher
education (IITs, IIMs).
103rd Amendment Act, 2019 → 10% reservation for EWS in educational institutions.
Article 16 → Equality of opportunity in public employment.
No citizen can be discriminated against on grounds only of religion, race, caste, sex, descent, place of birth, or residence
for public jobs.
Exceptions → Parliament can prescribe residence; reservation for backward classes; religious posts; 10% for EWS.
Mandal Commission (Second Backward Classes Commission) recommended 27% reservation for OBCs in govt jobs.
Indra Sawhney case (1992) → Upheld 27% OBC reservation, excluded 'creamy layer', capped total reservation at 50%,
barred reservation in promotions.
Govt actions after Indra Sawhney → 77th Amendment (promotion reservation for SC/ST), 81st Amendment (backlog
vacancies), 102nd Amendment (constitutional status to NCBC).
Reservation in promotion is not a fundamental right; it is at the discretion of the State.
Article 17 → Abolishes 'Untouchability' and forbids its practice.
The term 'untouchability' is not defined in the Constitution or any Act.
Acts to enforce Art 17 → Protection of Civil Rights Act 1955, SC/ST (Prevention of Atrocities) Act 1989.
This right is available against the actions of private individuals.
Article 18 → Abolishes all titles except military and academic distinctions.
Prohibits Indian citizens from accepting titles from foreign states.
Titles like Maharaja, Raj Bahadur, Rai Bahadur, Dewan Bahadur are banned.
National awards like Bharat Ratna & Padma awards are not titles; cannot be used as prefixes/suffixes.
Article 19 → Guarantees six rights to all citizens (originally seven).
Six rights: (a) speech & expression, (b) assembly, (c) association, (d) movement, (e) residence, (f) profession.
Right to property (originally 19(1)(f)) was deleted by the 44th Amendment Act, 1978.
These rights are protected against state action, not private individuals.
Subject to reasonable restrictions on grounds like sovereignty, public order, morality, friendly relations with foreign states
etc.
Freedom of speech includes → freedom of press, right to information (RTI), right to remain silent, right against pre-
censorship.
Right to strike is not a fundamental right.
Right to form associations includes forming political parties, companies, unions, cooperative societies (added by 97th
Amendment, 2011).
Freedom of movement has two dimensions → internal (Art 19) & external (Art 21).
Article 20 → Protection in respect of conviction for offences.
Three protections → No ex-post-facto law, no double jeopardy, no self-incrimination.
Article 21 → Protection of life and personal liberty.
No person shall be deprived of life/liberty except according to 'procedure established by law'.
A.K. Gopalan case (1950) → Narrow interpretation; protection only against executive action.
Maneka Gandhi case (1978) → Wider interpretation; introduced the American concept of 'Due Process of Law'.
Right to life means the right to live with human dignity.
Scope expanded to include → right to privacy, speedy trial, health, shelter, clean environment, travel abroad.
Supreme Court (2024) → Right against the adverse effects of climate change is part of Art 21.
Article 21A → State shall provide free & compulsory education to all children of the age 6-14 years.
Added by the 86th Amendment Act, 2002.
Led to the enactment of the Right of Children to Free and Compulsory Education (RTE) Act, 2009.
Article 22 → Protection against arrest and detention.
Two types of detention → Punitive (after trial) & Preventive (without trial).
Rights under punitive detention → be informed of grounds, consult a lawyer, be produced before a magistrate within 24
hrs.
Rights under preventive detention → detention cannot exceed 3 months without Advisory Board approval; grounds to be
communicated to detenu.
Parliament has exclusive authority to make a law of preventive detention for reasons of defence, foreign affairs, or
security of India.
Article 23 → Prohibition of traffic in human beings and forced labour (begar).
Exception → State can impose compulsory service for public purposes (e.g., military service) without discrimination.
Article 24 → Prohibits the employment of children below the age of 14 in hazardous jobs (factories, mines).
Child Labour (Prohibition & Regulation) Amendment Act, 2016 → prohibits employment of children <14 in all occupations.
Article 25 → Freedom of conscience and free profession, practice, and propagation of religion.
Subject to public order, morality, health.
State can regulate/restrict economic, financial, political or other secular activities associated with religious practice.
Sikh's carrying of kirpans is included in the profession of their religion.
Article 26 → Freedom to manage religious affairs for every religious denomination.
Rights include → establishing institutions, managing affairs, owning property.
Article 27 → Freedom from taxation for the promotion of a religion.
State cannot compel any person to pay taxes for a specific religion's promotion.
Prohibits a tax, not a fee; fees can be levied for secular administration of religious institutions.
Article 28 → Freedom from attending religious instruction in certain educational institutions.
No religious instruction in institutions wholly maintained by the State.
Permitted on a voluntary basis in institutions administered by state but established under a trust, recognized by state, or
receiving aid from state.
Article 29 → Protection of interests of minorities.
Any section of citizens has the right to conserve its distinct language, script, or culture.
No citizen shall be denied admission to state-run/aided educational institutions on grounds only of religion, race, caste, or
language.
This right applies to both minorities and the majority.
Article 30 → Right of minorities to establish and administer educational institutions.
Minorities (religious or linguistic) can establish educational institutions of their choice.
State shall not discriminate in granting aid.
This right is confined only to minorities, not the majority.
Article 31 → Right to Property (Repealed by 44th Amendment Act, 1978).
Now a legal right under Article 300-A in Part XII.
Article 31A → Saves laws providing for the acquisition of estates, etc.
Article 31B → Validates Acts placed in the 9th Schedule, immunizing them from judicial review.
I.R. Coelho case (2007) → Laws placed in the 9th Schedule after April 24, 1973 are open to judicial scrutiny if they violate
the 'basic structure'.
Article 31C → Saves laws giving effect to Directive Principles in Article 39(b) and 39(c).
Article 32 → Right to Constitutional Remedies; "Heart and Soul of the Constitution" (Dr. Ambedkar).
Supreme Court can issue five types of writs for FR enforcement.
Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
High Courts can also issue writs under Article 226 for FRs and other legal rights.
SC's writ jurisdiction is narrower (only for FRs) but its territorial jurisdiction is wider than a High Court's.
Article 33 → Empowers Parliament to restrict or abrogate FRs of members of armed forces, para-military forces, police
forces, etc.
Article 34 → Provides for the restriction on FRs while martial law is in force in any area.
Martial law is not defined in the Constitution.
Article 35 → Empowers only Parliament (not state legislatures) to make laws on certain specified FRs.
Examples → prescribing residence for employment (Art 16), empowering courts to issue writs (Art 32), restricting FRs for
armed forces (Art 33).