Fundamental Rights

• As per the Constitution of India

• Presented by: BHUPALI BARUAH
 Introduction
• • Fundamental Rights are basic human rights
guaranteed by the Indian Constitution.
• • They are enshrined in Part III (Articles 14 to
35).
• • Aim: To ensure individual dignity, liberty, and
equality.
• Only for citizen of india : 15,16,19,29,30
 Features of Fundamental Rights
• • Justiciable (can be enforced by courts)
• • Protected against State action
• • Can be suspended during National
Emergency (except Art. 20 and 21)
• Art.19 can be suspended if NE declared on the
grounds of war and external aggression not on
the grounds of armed rebellion
• • Not absolute – subject to reasonable
restrictions
 Articles 12 & 13 of the Indian
Constitution
• Article 12 defines the term 'State'
• Article 13 ensures laws do not violate
Fundamental Rights
 Article 12 – Definition of 'State'
• Text: Definition includes:
• 1. Government and Parliament of India
• 2. Government and Legislature of each State
• 3. Local Authorities – Municipalities,
Panchayats, etc.
• 4.Private bodies while doing imp. Public works
• 5. Judiciary while doing administrative
activities , not while doing judicial function
 Article 13 – Laws Inconsistent with
Fundamental Rights
• It states that fundamental rights can not be
violated by any law made by parliament .
• Here law includes
1. Permanent laws enacted by center and
states
2.Temporary law ( ordinace by president)
3.Orders , rules
 Can fundamental rights be amended
• Yes. FR can be amended by the parliament
under art.368 .
• But it can not violate the basic structure of
the constituion.
• The doctrine of basic structure is a judicial
innovation by the supreme court of india, in
kesavananda Bharati case (1973)
 List of Fundamental Rights
• 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)
 Right to Equality
• • Equality before law (Art. 14)
• • Prohibition of discrimination (Art. 15)
• • Equality of opportunity in public
employment (Art. 16)
• • Abolition of untouchability (Art. 17)
• • Abolition of titles (Art. 18)
 Introduction to Article 14
• Part of Fundamental Rights under Part III of the
Constitution.
• Ensures equality before the law and equal
protection of the laws.
• Available to all persons (citizens and non-
citizens).
• Article Text: “The State shall not deny to any
person equality before the law or the equal
protection of the laws within the territory of
India.”
 Two Key Expressions in Article 14
• 1. Equality Before Law (British origin): Everyone is
equal in the eyes of the law. No special privileges.
Negative concept
• 2. Equal Protection of Laws (American origin):
Equal should be treated equally and unequal
should be treated unequally . Allows reasonable
classification. Positive concept. Eg:Reservation in
jobs , seats reserved for women and senior
citizens in public transport etc
 Rule of law
• Definition: Law applies equally to all, including
rulers.
• A.V. Dicey's Three Elements:
• 1. Absence of arbitrary power –No one can be
punished
2. Equality Before Law – Equal treatment under
law.
• 3. Source of rights of individual is court
• India: Rule of Law is part of Article 14 and a basic
feature of the Constitution.
• In india , the ROL applicable in modified form
i.e
• Absence of arbitrary power
• Equality before law
• Source of rights of individual is constituion
 Introduction to Article 15
• • Part of: Part III – Fundamental Rights
• • Type of Right: Right to Equality (Article 14–
18)
• • Purpose: To prohibit discrimination by the
state
• • Applicable to: Citizens of India only (not
foreigners)
 Text of Article 15
• Article 15(1): The State shall not discriminate
against any citizen on grounds only of religion,
race, caste, sex, place of birth or any of them.

• Article 15(2): Prohibits restrictions on access

to public places or facilities on the same
grounds.
 Explanation of Clause (1)
• Prohibits the State from making laws or policies
that discriminate solely on:
• - Religion
• - Race
• - Caste
• - Sex
• - Place of birth
• • Example: Denial of job or admission based on
caste alone is prohibited.
 Explanation of Clause (2)
• • No citizen shall be denied:
• - Access to shops, public restaurants, hotels
• - Use of public wells, tanks, bathing ghats,
roads
• • Private individuals are also covered under
this clause
Clauses (3) to (5) – Permissible Special
Provisions
• • Clause (3): Special provisions for women and
children (e.g., reservation in buses)
• • Clause (4):(1st amenddment act ,1951)Special
provisions for socially and educationally
backward class of citizens ,including SC, ST ,OBC
• • Clause (5): (93rd Amendment, 2005) – special
provision for socially and educationally backward
class of SC,ST and their admission in educational
institution including private instituion
• 15(6): it allows the special provision for
economically weaker saction( 103rd
amendment ,2019)
Article 16 – Equality of Opportunity in
Public Employment
• Clause (1): "There shall be equality of
opportunity for all citizens in matters relating
to employment or appointment to any office
under the State."
• Clause (2): "No citizen shall be discriminated
against in employment on grounds only of
religion, race, caste, sex, descent, place of
birth, or residence."
 Article 16(3), (4), (4A), (4B) –
Exceptions
• Clause (3): Parliament may make law prescribing
residence requirements for certain state-level
jobs.
• Clause (4): Allows reservation for backward
classes not adequately represented in
government services.
• Clause (4A): Reservation in promotion for SCs and
STs.
• Clause (4B): Carry-forward of unfilled reserved
vacancies.
• 16(5): Religion as a differenciating factor in
matter of employment ubder religious
instituion
• 16(6): Reservation for EWS
 Article 17:Abolition of Untouchability

• “Untouchability is abolished and its practice in

any form is forbidden. The enforcement of any
disability arising out of untouchability shall be
an offence punishable in accordance with
law.”
• Parliament passed the “Untouchability
abolition act ,1955”
• The act provided for the term of punishment
of 6 months or 500 fine or both
 Meaning of Untouchability
• Not defined in the Constitution
• • Understood in the context of caste-based
discrimination
• • Refers to social boycott, segregation, and
denial of access to public places based on
caste
• • Mainly affects the Scheduled Castes (Dalits)
 Significance of Article 17
• • A step towards social justice
• • Recognizes the dignity of the individual
• • Ensures equality before law
• • Strengthens constitutional morality
• • Helps promote inclusive society
 Challenges in Implementation
• • Persistence of caste-based discrimination in
rural areas
• • Lack of awareness and education
• • Fear among victims to report violations
• • Weak enforcement mechanisms
• • Article 17 is a powerful constitutional tool
• • Reflects India’s commitment to human rights
and equality
• • True implementation requires legal, social,
and cultural transformation
 Article 18: Abolition of titles
• Focus: Abolishing titles that promote inequality
• It prohibits a citizen of india from accepting any
tittle ffrom any foreign state .A/c to it hereditary
tittles of nobality like Maharaja ,rai bahadur
etc.Which confered by colonial states are banned
by article 18 as these are against the principle of
equal status to all.
• 18(1) No title, not being a military or academic
distinction, shall be conferred by the State.
• 18(2). No citizen of India shall accept any title
from any foreign State.
• 18(3). No person who is not a citizen of India
shall, while he holds any office of profit or
trust under the State, accept any title from
any foreign State without the consent of the
President.
• 18(4). No person holding any office of profit or
trust under the State shall, without the
President’s consent, accept any present,
emolument, or office of any kind from or
under any foreign State.
 Are Padma Awards Violating Article
18?
• Answer: No, as long as:
• • They are not used as titles
• • Given based on merit and achievements
• • Not hereditary
• • Not used as privilege for public office
 Article 19(1) – The Six Freedoms
• The Constitution guarantees the following six rights to all
citizens:
• 19(1)(a). Freedom of speech and expression
• 19(1)(b). Freedom to assemble peacefully and without
arms
• 19(1)(c). Freedom to form associations or unions
• 19(1)(d) Freedom to move freely throughout the territory
of India
• 19(1)(e). Freedom to reside and settle in any part of India
• 19(1)(g)Freedom to practice any profession, or to carry on
any occupation, trade or business
 19(1)(a)Freedom of Speech
and Expression
• Citizens can express opinions freely through
speech, writing, art, media, etc.
• • Restriction: 19(2)
• a)Sovereignty, integrity of india
• b)foreign relation
• c) decency and morality,
• d)contempt of court,
• e)defamation,
• f) incitement to offense
• g) The security of a state
 19(1)(b)Freedom of Assembly
• Right to hold meetings, protests, rallies
peacefully and unarmed
• • Restrictions 19(3):
• a)Public order,
• b)sovereignty and integrity of India
19(1)(c)Freedom to Form Associations
• Citizens may form political parties, clubs,
unions, societies
• • Reasonable restrictions 19(4):
• a)In the interest of public order,
• b)morality
• c)sovereignty
 19(1)(d)Freedom of Movement
• • Citizens can travel freely across any state in
India
• • Restrictions(19)(5)
• a) interests of general people
• b)interest of ST
 19(1)(e)Freedom of Residence
• • Right to settle anywhere in the country
• Restrictions19(5)
• a) Interest of general people
• b)Interest of St
• • Exceptions:
• Tribal areas, scheduled areas, military zones
19(1)(g)Freedom of Profession, Trade,
or Business
• Citizens can choose any lawful occupation
• • Restrictions19(6)
• State can regulate professional
qualifications or restrict certain trades for
public welfare
 Article 20--Protection in Respect
of Conviction for Offences

• It grants protection against arbitrary and

excessive punishment to an accused person.It
contains three provision in that direction
Three Safeguards Under Article 20
• 1. Protection against ex-post facto laws
(Clause 1)
• 2. Protection against double jeopardy (Clause
2)
• 3. Protection against self-incrimination (Clause
3)
 20 (1) – Ex-Post Facto Law
• - No conviction for acts not criminal at the
time
- No harsher punishment than what existed
when the act was committed
• Applicable only to criminal law not civil law
- Example: Theft punished with 3 years in
2020; law changes to 5 years in 2023 – Only 3
years can be applied
 20 (2) – Double Jeopardy
• - No person shall be prosecuted and punished
for the same offence more than once
• - Only criminal offense
 20 (3) – Protection Against Self-
Incrimination
• No person accused shall be compelled to be a
witness against himself
• - Protects from pressure and forced confession
• -Applies only to criminal offences
• - Enforceable even during Emergency
• -Right to remain silent during police
interrogation.
• Exception: Fingerprints,blood
samples,handwriting,or voice samples.
 Article 21 of the Indian Constitution
• “No person shall be deprived of his life or
personal liberty except according to procedure
established by law.”
• Applies to both citizens and non-citizens
• Life: Not just animal existence but a life with
dignity.
• Personal Liberty: Freedom from physical
restraint. Right to privacy
 Evolution of Article 21 (Important
Judgements)
• A.K. Gopalan Case (1950): Held that right to life and
personal liberty is subjected to the procedure
established by law i.e the court will examine only the
process but not the fairness of the law. Court can
protect an individuals life and liberty from arbitrary
actions of excutives only ,not legislature.
• Maneka Gandhi Case (1978): SC applied the principle
of due process of law (American origin) under which
the process must be just, fair, and reasonable.It will
protect from arbitrary actions of both excutives and
legilature.
• Start of the Golden Era of Article 21.
 Rights Included Under Article 21
• Right to live with human dignity
• Right to privacy (K.S. Puttaswamy v. Union of India
(2017)
• Right to shelter
• Right to education (Now under Article 21A)
• Right to health and medical aid
• Right to clean environment
• Right to legal aid
• Right against solitary confinement
• Right to die with dignity (Passive euthanasia)
• Right against climate change , 2024
 Article 21A – Right to Education
• Inserted by the 86th Constitutional
Amendment, 2002.
• State shall provide free and compulsory
education to children aged 6 to 14 years.
• ( Heart of Fundamental Rights – foundation
for many others.)
 Article 22 Protection Against Arrest
and Detention
• Provides protection in case of arrest and
detention
• • Two types of detention :
• -Punitive detention : To punish a person for
offences commited by him
• -preventive detention:To prevent a person
from commiting any offences
• Article 22(1) – It is protection against the punitive
detention
• Art.22(1)(a) : Right to informed about the
grounds of the detention.
• Art.22(1)(b): Right to consult and defended by a
legal practitionary .
• Art.22(1)(c): Right to produced before magistrate
before 24 Hrs. excluding the journey time.
• Art.22(1)(d): Right to released after 24 hrs. unless
the magistrate issued for further detention.
 Article 22(2) It is protection against
preventive detention
• Art.22(2)(a): The detention of a person should
not extended beyond three months , untill and
unless the advisory body reports the sufficient
cause for the extention of the detention.
• Art.22(2)(b): The ground of the detention should
be communicated with the detenu
• Art,22(2)(c): The detainee has no right to legal
counsel in such cases
 Right against
exploitation(23,24)
Art.23 : Prohibition of Human Traffick in and Forced
Labour
Text of Article 23(1)
• "Traffic in human beings and begar and other
similar forms of forced labour are prohibited and
any contravention of this provision shall be an
offence punishable in accordance with law.“
• • Traffic in human beings(selling and buying of
men ,women,children ) ,prostitution,
devadasis,slavery.
• Human Traffick in: Illegal trade of people for
exploitation (e.g., prostitution, slavery,
bonded labour).
• • Begar: Compulsory work without payment
(unpaid labour).
• • Other similar forms: Includes bonded labour,
child labour, etc., without consent or fair
compensation.
 Text of Article 23(2)
• "Nothing in this article shall prevent the State
from imposing compulsory service for public
purposes, and in imposing such service the State
shall not make any discrimination on grounds
only of religion, race, caste or class or any of
them."

• This means the State can require service (like

military or emergency services) without
discrimination.
 Art.24 Prohibition of Employment of
Children in Factories, etc.
• It aims to protect children from exploitation in
hazardous environments.
• • It reflects the commitment to child welfare
and human dignity.
• No child below the age of fourteen years shall be
employed to work in any factory or mine or
engaged in any other hazardous employment."
• A/C to child labour (Prohibation and Regulation)
act, 1986
• Key focus:
• • Age limit: Below 14 years
• • Type of work: Hazardous only
• Child Labour (Prohibition and Regulation)
Amendment Act, 2016: Renamed as
Child&Adolescent labour(prohibition and
regulation),1986 in 2016
• - Prohibits employment of children below 14
in all occupations.
• - Allows child artists in non-hazardous roles.
• - Prohibits adolescents (14–18 years) in
hazardous occupations.
 Articles 25 to 28 – Right to
Freedom of Religion
• Articles 25 to 28 specifically protect religious
freedom
• Ensures secularism – the state has no religion
of its own
 Article 25 – Freedom of Conscience
and Free Profession, Practice and
Propagation of Religion
• Article 25(1): All persons are equally entitled
to:
• - Freedom of conscience
• - Right to profess, practice, and propagate
religion
• Restrictions:
• - Public order, morality, health
• Conscience: Inner freedom to believe or not
believe
• Profess: Openly Declare and follow religious
belief
• Practice: Perform rituals, ceremonies, and
customs
• Propagate: Spread one’s religion (not forcibly
convert others)
 Article 26 – Freedom to Manage
Religious Affairs
• Every religious denomination or its section has
the right to:
• - Establish and maintain religious institutions
• - Manage its own affairs in religion
• - Own and acquire property
• - Administer such property according to law
• -Subject to public order, morality, and health
 Article 27 – Freedom from Taxation
for Promotion of Any Religion
• No person can be forced to pay taxes but they
can pay fees
• - For promotion or maintenance of any
particular religion
• State funds can't be used to support religious
activities
 Article 28 – Freedom as to
Attendance at Religious
Instruction
• Article 28(1): No religious instruction in state-
funded institutions
• Article 28(2): Allowed in institutions which is
administered by state but established under
any trust
• Article 28(3): Allowed but voluntary in private
but state aided instutuion.
 Summary Table – Articles 25 to 28
• Article 25 – Freedom of conscience and
practice of religion
• Article 26 – Freedom to manage religious
affairs
• Article 27 – No tax for promotion of religion
• Article 28 – No religious instruction in state-
funded institutions
 Articles 29 and 30 – Cultural and
Educational Rights
• Article 29 – Protection of Interests of Minorities
• Article 29(1): Right of any section of citizens to
conserve their language, script, or culture
• Applies to all citizens, not just minorities
• Article 29(2): No discrimination in admission to
institutions maintained by the State
• State cannot deny admission based on religion,
race, caste, language, etc.
 Article 30 – Right of Minorities to
Establish and Administer
Educational Institutions
• Article 30(1): All minorities (religious or
linguistic) have the right to establish and run
their own educational institutions
• Article 30(2): State cannot discriminate in
granting aid to such institutions
• Applies only to minorities, unlike Article 29
 Article 32 – Right to
Constitutional Remedies
• • Article 32 is known as the “Heart and Soul of the
Constitution” – Dr. B.R. Ambedkar
• • Provides the right to move the Supreme Court for the
enforcement of Fundamental Rights
• Key Clauses:
• 1. Right to move Supreme Court for enforcement of
Fundamental Rights
• 2. Power to issue directions/orders/writs
• 3.Parliament can empower other courts (but this
doesn't restrict Supreme Court’s power)
• Direct access to Supreme Court
• • Available only for enforcement of
Fundamental Rights, not other legal rights
• • The Court can issue writs: Habeas Corpus,
Mandamus, Prohibition, Certiorari, Quo-
Warranto
 Five Types of Writs
• 1. Habeas Corpus – 'To have the body of”Protects
against illegal detention.Applicable to both public
authorities and private individual.
• 2. Mandamus – 'We command': Orders a public official
to perform legal duty . Applicable to govt body. Not
individual.
• 3. Prohibation: Issued to lower courts to stop acting
beyond their jurisdiction
• 4. Certiorari: Transfers a case to a higher court/quashes
a lower court’s order
• 5. Quo Warranto – 'By what authority': Challenges a
person holding a public office illegally.Applicable to a
person who holds public office not private office.
 Article 32 vs Article 226
• Enforced by | Supreme Court | High Courts
• Purpose | Only for Fundamental Rights | For
Fundamental + other rights
• Nature | Itself a Fundamental Right | Not a
Fundamental Right
 Article 33 – Power to Modify
Fundamental Rights for Armed Forces
• • Empowers Parliament to restrict or abrogate
Fundamental Rights for:
• – Armed forces
• – Paramilitary forces
• – Police forces
• – Intelligence agencies
• • Purpose: Ensure proper discharge of duties and maintain
discipline
• • Example: Restrictions on forming unions, freedom of
speech, etc.
• • Only **Parliament** (not state legislatures) can make
such laws
 Article 34 – Restrictions on FR During
Martial Law
• Grants power to **Parliament** to indemnify
persons for acts done under martial law
• Protect military or officials from legal action.
• • Allows suspension of Fundamental Rights in
an area under martial law
• • ‘Martial law’ = Military authority takes
control in times of emergency or breakdown
of law
 Article 35 – Power to Make Laws on
Certain Fundamental Rights
• • Empowers **only Parliament** to make laws on:
• – Prescribing punishment for untouchability (Art. 17)
• – Punishment for traffick in and forced labour (Art. 23)
• – Preventive detention (Art. 22)
• – Laws affecting Armed Forces (Art. 33)
• – Martial law (Art. 34)
• • State legislatures cannot enact laws on these matters