Fundamental Rights

Rights Parameters
Intro. ● Claims against the State. ● Promote political democracy
to FR ● Reflect principles of Universal Declaration of Human Rights (UDHR) ● Enforceable; DPSPs and Fundamental Duties – non-enforceable
● Differ from natural rights – natural rights are vested by birth; fundamental rights – ● Source – American Constitution (‘Bill of Rights’)
basic rights conferred by the CT ● Part III of the Constitution
● Are correlative with duties ● Needs special majority to amend
Defini A. Description Miscellaneous
ng 12 A.12: ‘State’: Widened interpretation of ‘State’: SC ● Parameters for considering a body a ‘State’ under Article 12 – finance by Govt.; administrative control;
‘State’ – ‘instrumentality of State’ – i.e. conferment of monopoly by State
● Govt. & Parliament of India; based on state control, such as ● Thus, bodies like LIC, ONGC, etc. covered.
● Govt. & Legislature of each State; financial, statutory, appointment, etc. ● But bodies like NCERT not ‘State’ – as no substantial finance & control
● All local and ‘other’ authorities within the territory of India/under the control of GoI ● BCCI – not ‘State’ – but amenable to Writ under A.226
● ‘Judiciary’ – only for administrative functions, a part of the ‘State’, otherwise not
Laws Article Description Historical Miscellaneous
Incons 13 A.13: ● 24th CAA, 1971 – A.13 excludes a ● An aspect of ‘judicial review’
istent ● Laws in force before commencement of Consti – if inconsistent with it – then void; CAA under A.368 (showed ● Related to A.32 and A.226
with ● No law should contravene FRs – if contravenes, then void to that extend legislature-judiciary tussle) ● Allows ‘severability’ – i.e. if unconstitutional parts of a law can be removed and rest of it can survive
FRs ● ‘Laws’ includes – ordinance, order, bye-law, rule, regulation, notification, ● Laws inconsistent at commencement of Consti – can be revived later
custom/usage having force of law;
● Not to apply to a Consti Amendment
Equali Article Description Significance Implications Historical Miscellaneous
ty 14-18 ● A.14 ● Part of Rule of Law ● **Absence of privileges ● 1st CAA, 1951 – ● Reservation policy – does not necessarily mean
o Equality before law (from British) ● Affirmative action ● **Prevents uncontrolled powers o Allowed special provision under A.15 – administrative inefficiency (Supreme Court –
o Equal protection of law (from American) ● Part of basic structure to executive through delegated for SEBC/SC/ST 2018)
● A.15 - Prohibits discrimination on certain grounds ● Furthers Preamble legislation o **to overcome judicial interpretation of ● Not mandatory for State to provide reservation
(religion, race, caste, sex, place of birth or any of them) ● Against arbitrariness FRs ● A.14 - Available to ‘any’ person (hence – a
o Available to citizens only ● Unequals can be treated ● 25th CAA, 1972 – If a law gives effect to A.39(b) company and foreigner too)
o Prevents imposition of disability, liability, differently or (c) and A.14 violated – yet, such law valid ● Affirmative action – not an exception to equality,
restriction or condition regarding – access to shops, ● Permits differential classification, ● 77th CAA, 1995 – A.16 – reservation in but rather further it
restaurants, etc. but not class legislation promotion for SC/ST (PM – P.V. Narasimha Rao) ● Articles 15 and 16 – available only to citizens
o Special provision for women & children can be ● 81st CAA, 2000 – A.16 – unfilled vacancies can ● Civilian honours – do not violate A.18
made be treated as separate class of vacancies ● Exceptions to A.14 –
o Special provision for SEBC/SC/ST can be made ● 93rd CAA, 2005 – A.15 - reservations for President/Governors/diplomats
o Special provision for SEBC/SC/ST – for admission SC/ST/OBCs in educational institutions ● ‘Creamy layer’ – OBCs (such as – Constitutional
to edu institutions, including private, but excluding ● EWS Quota – 103rd CAA, 2019 posts, Group A services, etc.); N.A. to SC/ST
minority ones ● 1992 – Mandal Case:
o Upto 10% quota for EWS – excludes minority edu o Exclude ‘creamy layer’ from OBCs
institutions o No reservation in promotions
● A.16 - Equality in public employment o 50% ceiling (but later held – it can be
o Available only to citizens breached)
o No discrimination on grounds only of – race,
caste, sex, descent, place of birth, residence
o But Parliament can make law – where residence
can be a requirement for employment in a State/UT
o Reservation – for any backward class, not
adequately represented
o Reservation in promotion – for SC/ST – with
consequential seniority
o Unfilled vacancies – can be considered as
separate class next year
o Upto 10% quota for EWS
 ● A.17 – Abolishes untouchability
● A.18 – Abolishes titles
Freed Article Description Interpretations Historical Miscellaneous
oms
 19 - 22 ● A.19 - Six freedoms & exceptions: ● A.19(1)(a): ● 1st CAA, 1951 - A.19(2) “reasonable restrictions” – new grounds added: ● A.20 and A.21 cannot be suspended during
Freedom Exceptions o Freedom of o Friendly relations with foreign governments emergency (44th Amendment)
Speech and sovereignty & integrity of press o Incitement of an offence; & ● A.19 – N.A. to non-citizens
expression India; security of the o Right to o Public order ● A.21 – available to all persons
State, friendly relations information ● 16th CAA, 1963 – A.19(2) - “Sovereignty & integrity of India” added ● ‘Preventive Detention’ _ Parliament’s exclusive
with Foreign States, public o Right to fly ● Right to property removed (44th Amendment) – now made a legal right available to any power to make law on: defense, foreign affairs &
order, decency, morality, National Flag person. security of India
contempt of court, ● A.20: ● Right to Education – 86th CAA, 2002 – A.21A
defamation, incitement to o Civil laws not ● 97th CAA, 2011 – A.19(1)(c) – ‘cooperative societies’ added
an offence covered ● A.21 includes FR to edu – Unnikrishna v. State of A.P.
Assemble sovereignty & integrity of o For double
peaceably & India, public order jeopardy –
without arms administrative
Form sovereignty & integrity of bodies excluded
associations/uni India, public order or (only judicial
on/cooperative morality covered)
societies o Compulsory
Move freely Interests of general production of
throughout public/protection of objects, blood
territory interests of STs sample, sign, thumb
Reside and settle Interests of general expression –
in any part of public/protection of excluded
India interests of STs o Narco tests –
Practise any Prescribing if no consent of the
profession, professional/technical accused – then
occupation, qualifications/state violate A.20
trade or business monopoly ● A.21:
o **Right to
● A.20 - Protection in respect to conviction of offence: privacy
o No conviction for acts not offence on the day of o **Right to
commitment and no greater penalty than prescribed on marry a person’s of
that day under law one’s choice
o Protection against double jeopardy o Right to
o Protection against self-incrimination shelter, health, free
● A.21 - right to life and personal liberty: legal aid, speedy
o Except acc. to procedure est. by law trial, travel abroad
● A.21A - Right to Education - State shall provide - free & o Due process
compulsory education for age 6-14 of law (American
● A.22 - Protection against arrest & detention in certain origin)
cases:
o Be informed of grounds of arrest
o Right to consult and be defended by a legal
practitioner of his choice
o Production before nearest magistrate within 24
hrs
o Exceptions - (i) enemy aliens; (ii) person detained
under preventive detention law
o Preventive Detention: - max. 3 months, unless
approved by an Advisory Board (High Court judges); But
Parliament by law can enhance such period; need not
furnish grounds of detention if such conditions exist
Right Articles Description Coverage Miscellaneous
agains
t 23-24 ● A.23: ● Available against ● Paying below min. wage – forced labour
Exploit o Prohibits traffic in human beings, beggar and private persons too ● Definition of ‘child’ under 1986 law - <14 years (2016 Amendment)
ation other similar forms of forced labour ● Non-citizens can also ● Exception to the above law – child actor; family business
o But compulsory public service can be imposed by avail
the State ● Child labour, human
● A.24: trafficking, forced
o Prohibits employment of children below the age labour, slavery
of 14 in any factory, mine or other hazardous activities
Freed Articles Description Key aspects Important case laws Miscellaneous
om of 25-28 ● A.25: Freedom of conscience & religion: ● Secular space can be ● S.R. Bommai case – ‘secularism’ – part of basic structure of Consti ● Available to ‘all persons’
Religio o Freedom of conscience regulated by State ● Shirur Mutt case – only ‘essential religious practices’ protected under A.25 ● 42nd CAA – ‘secular’ added to Preamble
n o Right to freely – profess, practise and propagate ● Does not allow right ● Bijoe Emmanuel case – ‘Jehovah’s Witness’ allowed exemption from singing National ● West’s secularism – complete separation of State
any religion to convert someone Anthem due to religious beliefs
o Subject to – public order, morality, health and forcefully ● Sabarimala case – ‘constitutional morality’ to override any other morality
other FRs ● ‘religious
o State can regulate secular activities – like denomination’ – not
economic, political, etc. defined under Consti
o State can still bring social reforms/throw open (but aspects –
Hindu religious institutions of public character to all collection of
classes & sections of Hindus individuals with
● A.26: Freedom to manage religious affairs: system of belief
o Available to a ‘religious denomination’ conducive to their
o To establish and maintain institutions for spiritual wellbeing;
religious and charitable purposes; manage own affairs; common org,
acquire property & administer it distinctive name)
● A.27: Freedom from taxation: ● Freedom from
o If proceeds are to be used for taxation – but not
promoting/maintaining a particular from a fee
religion/denomination
● A.28: Freedom from attendance at religious
instruction/worship in certain edu institutions:
o No such allowed – if edu institution wholly
maintained from State funds (unless as required by any
endowment/trust)
o If edu institution recognized by State/receives
funds from State – consent of person/guardian (if
<18)
Articles Description Key aspects Interpretations Miscellaneous
29-30 ● A.29: Protecting interests of minorities: ● A. 29 - ‘any section’ – ● ‘Minority’ – to be defined by taking State as a unit (SC in TMA Pai case, 2005) ● National Commission for Minority Educational
Cultur o Available to ‘any section’ of citizens not restricted to ● State can still have control on minority edu institutions – to ensure that due standards are Institutions:
al and o Having distinct – language/script/culture – right minorities (SC) followed o Statutory body
educat to conserve it ● A. 30 – ‘minorities’ – o Appellate Authority in cases of minority
ional o No denial of admission in any edu institution – linguistic & religious status
rights maintained by State/receiving aid on grounds only of – ● Minority edu o Can cancel ‘minority status’ of an edu
Consti religion, race, caste, language/any of them institutions – 2 types: institution
tution ● A.30: Minorities’ right – to establish & administer edu o Unaided – ● Notified minorities – 6 – Muslims, Sikhs, Christians,
al institutions: lesser state control Buddhists, Parsis, Jains (2014)
Reme o Religious & linguistic minorities – right to o Aided – greater
dies establish and administer state control
 Article Description Significance Writs Miscellaneous
32 ● Right to move SC – for enforcing FRs ● Most imp. Article & ● Key aspects: ● Original jurisdiction but not exclusive – HC too in
● Through ‘appropriate proceedings’ ‘Heart & Soul’ of the o Borrowed from English law A.226
● Power of SC – issue directions/orders/writs Consti (Dr. Ambedkar) o SC – for FRs; High Courts – for any other purpose too ● Violation of FR crucial for A.32 – not for ordinary
● Such power can be conferred by Parliament on any other ● Itself an FR – SC can’t ● Habeas Corpus: rights
court too – but without prejudicing SC’s jurisdiction refuse o Against both – public & private authorities
● Basic feature of Consti o To present a person who has been unlawfully detained
● Wide power – writs, ● Mandamus:
orders o Asks public official to perform its duty
● Helped emergence of o **Against public bodies including govt. corporation
PIL o **Against private – if performing public duty
Consti ● Aspect of judicial review o Not against – enforcing contracts; discretionary duty; P/G; CJ of HC
tution to safeguard citizens’ ● Prohibition:
al liberties o By higher to lower court/tribunal – to prevent from exceeding jurisdiction
Reme
o Only against judicial/quasi-judicial bodies
dies
o N.A. – legislature/private persons
● Certiorari:
o By higher to lower court/tribunal
o To transfer a case/squash an order
o Grounds – excess/lack of jurisdiction/error of law
o Possible even against admin authorities – if rights of individuals violated
o N.A. – legislature/private persons
● Quo Warranto:
o When – legality of claim of a person to public office in question
o Can’t be issued against ministerial/private office
o **Any public minded person can move to the court for this writ
Q. State true or false

Article 12: 44. Right to acquire property is a Consti right

45. Civil laws do not fall within the purview of A.20
1. Statutory bodies can be included within the definition of ‘State’ 46. Right to travel abroad is an aspect of A.21
2. Courts have expanded the definition of the ‘State’ in A.12 47. Taking blood samples of an accused would violate A.20
3. ‘State’ has been defined under A.12 48. A.20 can be suspended during emergency
4. Municipal corporation cannot be considered as ‘State’ under A.12 49. Concept of ‘due process of law’ is of British origin
5. Judiciary is also ‘State’ for performance of judicial functions 50. 86th CAA casts a duty on the State to provide compulsory
education to 3-18 age group
Article 13:
51. A.22 requires mandatory production of an arrested person before
6. ‘Laws’ in A.13 also includes personal laws Magistrate within 24 hrs
7. If a law violates FR, it will have to go completely along with its 52. Advisory Board in preventive detention cases must have High
parts Court judges
8. Laws inconsistent with Consti at its commencement can be 53. Only Parliament can make law on preventive detention matters
revived later related to foreign affairs and security of India
9. A.13 was amended by the 25th CAA 54. Right to consult a legal practitioner of one’s choice is an FR
10. A.13 presents an aspect of judicial review 55. It is mandatory, in any case, to furnish info related to grounds of
11. 24th CAA represents an aspect of legislature-judiciary tussle arrest to a person detained under preventive detention law

Equality Right against exploitation

56. State cannot impose compulsory public service on its citizens
12. Equality is not a part of ‘basic structure’ of Consti 57. A.23 is not available to non-citizens
13. A.14 is available to corporations as well 58. Paying below minimum wage can be deemed as forced labour
14. Equality is seen as an anti-thesis to arbitrariness 59. There is absolute prohibition on children working in hazardous
15. Only legislative actions are covered under A.14 factories below 14 yrs
16. There are no exceptions to right to equality 60. The Child Labour Prohibition Act, 1986 defines child as <18 yrs
17. Concept of ‘equality before law’ is of American origin, while 61. Family businesses do not fall within child labour under 1986 law
‘equal protection of law’ is British
18. ‘Equality before law’ is ‘positive’, whereas ‘equal protection of Freedom of religion:
law’ is ‘negative’ concept 62. Freedom of religion is subject to other FRs
19. A.14 permits class legislation 63. It is also available to non-citizens
20. A.14 allows differential classification 64. It includes right not to be forcefully converted
21. Equality before law is an aspect of rule of law 65. State can undertake social reforms
22. Equality entails absence of privileges 66. Consti has defined ‘religious denomination’
23. 25th CAA allowed all DPSPs to override A.14 67. Secularism is a part of ‘basic structure’ of Consti
24. A.15 is available to non-citizens as well 68. Only ‘essential religious practices’ are protected under A.25
25. A.15 was amended by the 1st CAA 69. Freedom from paying a ‘fee’ for a particular religion is also
26. Reservation policy can be extended to private educational provided
institutions too 70. With guardian’s consent, religious instruction can be provided to
27. Minority education institutions are not excluded from the a minor in certain cases
purview of reservation 71. Taxes have to be used for the maintenance of all religions
28. Reservation policy is a compulsion on the State
29. 77th CAA was brought during the tenure of H.D. Deve Gowda as Cultural & educational rights:
the Prime Minister 72. Only minorities can preserve distinct culture, language or script
30. 102nd CAA amended A.15 & 16 73. Only linguistic & religious minorities are covered within A.30
31. A.15 & 16 provide for EWS quota upto 10% limit 74. Term ‘minority’ has been defined under the Consti
32. The 50% ceiling on reservation can be breached in exceptional 75. Six religious minorities have been recognized so far
cases 76. State can have no control over minority-run edu institutions
33. Reservation in promotion had not been provided under the 77. The National Commission for Minority Educational Institutions is a
original Consti statutory body
34. A state legislature can make a law prescribing residence as a 78. The National Commission for Minority Educational Institutions
condition for certain public employments has power to cancel ‘minority status’ of an edu institution
35. Equal opportunity in matters of public employment is available to
non-citizens as well Constitutional remedies:
36. Providing reservations affects administrative efficiency 79. A person can move to SC under A.32 only for the enforcement of
37. ‘Creamy layer’ is applicable only to OBCs FRs
38. Reservation in promotion can be provided only to SC/STs and not 80. SC has exclusive jurisdiction in the matter
OBCs 81. A.32 itself is not an FR
39. A.17 defines ‘untouchability’ 82. Writs have been borrowed from the American legal jurisprudence
83. Habeas corpus can be filed only against public authorities
Freedoms: 84. Mandamus cannot be filed against private authorities under any
40. Freedom of speech is available to non-citizens as well circumstances
41. Freedom of press is an implicit aspect of A.19 85. Mandamus cannot be filed against President/Governor
42. Freedom to form cooperative societies was included through 97th 86. Writ of Prohibition cannot be filed against a legislature
CAA 87. Quo Warranto can be filed by a public-spirited citizen
43. 1st CAA, 1951 Amended A.19 as well 88. Certiorari has wider domain than Prohibition
Answers:T/F
1. T 2. T 3. T 4. F 5. F 6. F 7. F 8. T
9. F 10. T 11. T 12. F 13. T 14. T 15. F 16. F 17. F 18. F
19. F 20. T 21. T 22. T 23. F 24. F 25. T 26. F 27. F
28. F 29. T 30. F 31. T 32. T 33. T 34. F 35. F 36. F 37. T
38. T 39. F 40. F 41. T 42. T 43. T a. 44. T
45. T 46. F 47. F 48. F 49. F 50. T 51. T 52. T 53. T
54. F 55. F 56. F 57. T 58. T 59. F 60. T 61. T 62. T 63. T
64. T 65. F 66. T 67. T 68. F 69. T 70. T 71. F 72. T
73. F 74. T 75. F 76. T 77. T 78. T 79. F 80. F 81. F 82. F
83. F 84. T 85. T 86. T 87. T