Fundamental Rights
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Fundamental Rights
Part lll
of the constitution
➢ Fundamental Rights are enshrined in
Part III (Articles 12 to 35) of the
Indian Constitution.
➢ They guarantee civil liberties to all
citizens and act as a safeguard against
any arbitrary state action.
➢ These rights are inspired by the
United States Bill of Rights and are
essential for ensuring democracy,
equality, and individual freedom in
India.
➢ If the rights provided by Constitution
especially the fundamental rights are
violated.
➢ The Supreme Court and the High
Courts can issue writs under Articles
32 and 226 of the Constitution
The Indian Constitution provides for five types of writs,
issued by the Supreme Court (under Article 32) and High
Courts (under Article 226)
To enforce fundamental rights and ensure justice:
1.Habeas Corpus
2.Mandamus,
3. Prohibition,
4. Certiorari,
5. Quo Warranto.
➢ Type of writ:
➢ Habeas Corpus:
➢ This writ means "you have the body" and is used to ensure that a person who
has been arrested or detained is brought before a court to determine the
legality of their detention.
➢ Mandamus:
➢ Meaning "we command," this writ compels a public authority or body to
perform a specific duty that it is legally obligated to perform.
➢ Prohibition:
➢ This writ prevents a lower court or tribunal from exceeding its jurisdiction or
acting illegally.
➢ Certiorari:
➢ Meaning "to be certified," this writ orders a lower court to send its records to
a higher court for review, often to quash an illegal order.
➢ Quo Warranto:
➢ Meaning "by what authority," this writ challenges the legitimacy of a person's
claim to a public office or position.
There are six Fundamental Rights in India:
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)
1. Right to equality (articles 14–18)
❑ This ensures that every individual is treated equally before the law and
prohibits discrimination.
❑ Article 14: equality before law and equal protection of laws.
❑ Article 15: prohibition of discrimination on grounds of religion, race, caste,
sex, or place of birth.
❑ Article 16: equality of opportunity in matters of public employment.
❑ Article 17: abolition of untouchability.
❑ Article 18: abolition of titles except for military and academic distinctions.
❑ Example: the supreme court in indra sawhney case (1992) upheld
reservations for other backward classes (obcs) while ensuring that total
reservations do not exceed 50%.
Right to Freedom (Articles 19–22)
These articles provide essential freedoms to
citizens.
•Article 19: Guarantees six freedoms:
1.Freedom of speech and expression.
2.Freedom to assemble peacefully.
3.Freedom to form associations or unions.
4.Freedom to move freely throughout India.
5.Freedom to reside and settle in any part of
India.
6.Freedom to practice any profession or
business.
➢ Article 20: Protection in respect of conviction for offenses.
➢ No ex post facto law: No one can be punished for an act
that was not an offense at the time of commission.
➢ No double jeopardy: A person cannot be punished twice
for the same offense.
➢ No self-incrimination: No one can be compelled to be a
witness against themselves.
➢ Article 21: Right to life and personal liberty.
➢ It includes the right to live with dignity, right to
privacy, right to a clean environment, and more.
➢ Maneka Gandhi v. Union of India (1978) expanded the
interpretation of Article 21.
•Article 21A: Right to education (introduced by the
86th Constitutional Amendment Act, 2002).
•Free and compulsory education for children aged 6–
14 years.
•Article 22: Protection against arbitrary arrest and
detention.
•Provides safeguards against preventive detention.
Example: The Supreme Court in K.S. Puttaswamy v.
Union of India (2017) declared Right to Privacy as a
fundamental right under Article 21.
Right Against Exploitation (Articles 23–24)
➢ These articles prohibit human trafficking, forced labor,
and child labor.
➢ Article 23: Prohibits human trafficking and forced
labor.
➢ Exceptions for compulsory government service
like military conscription.
➢ Article 24: Prohibits child labor in hazardous
occupations for children under 14 years.
➢ Example: The Bonded Labour System (Abolition) Act,
1976 was passed to implement this right.
Right to Freedom of Religion (Articles 25–28)
➢ India follows secularism, meaning no official state
religion.
➢ Article 25: Freedom of conscience and right to profess, practice, and
propagate religion.
➢ Article 26: Right to manage religious affairs.
➢ Article 27: No person shall be forced to pay taxes for religious
promotion.
➢ Article 28: Freedom from attending religious instruction in
educational institutions funded by the state.
➢ Example: The Supreme Court ruled in S.R. Bommai v.
Union of India (1994) that secularism is a basic feature of
the Constitution.
5. Cultural and Educational Rights (Articles 29–30)
These rights protect the interests of minorities.
•Article 29: Protection of interests of minorities.
•Right to conserve language, script, or culture.
•Article 30: Right of minorities to establish and administer
educational institutions.
Example: The Supreme Court in T.M.A Pai Foundation v. State
of Karnataka (2002) upheld the rights of minority institutions to
administer their affairs.
Right to Constitutional Remedies (Article 32)
This is the "heart and soul of the Constitution", as described by Dr. B.R.
Ambedkar.
•Article 32: Right to approach the Supreme Court for enforcement of
Fundamental Rights.
•Supreme Court can issue five types of writs:
1.Habeas Corpus – "Produce the body"; protects against illegal detention.
2.Mandamus – "We command"; orders officials to perform their duty.
3.Prohibition – Stops a lower court from exceeding its jurisdiction.
4.Certiorari – Orders a lower court to transfer a case to a higher court.
5.Quo Warranto – "By what authority"; challenges the legality of holding
a public office.
Example: Kesavananda Bharati v. State of Kerala (1973) upheld the Basic
Structure Doctrine, ensuring fundamental rights cannot be altered by
Parliament beyond a certain limit.
Articles 33, 34, and 35 of the Indian Constitution, concerning fundamental
rights, empower Parliament to restrict these rights for certain categories of
people, permit restrictions during martial law, and grant Parliament
exclusive power to make laws regarding these rights.
Here's a more detailed explanation:
➢ Article 33:
➢ Grants Parliament the power to modify or restrict the application of
fundamental rights to members of the armed forces, police, intelligence
agencies, and other forces responsible for maintaining public order,
ensuring discipline and proper discharge of duties.
➢ This is to ensure that the functioning of these forces is not
hampered by the application of fundamental rights.
➢ Article 34:
➢ Allows for restrictions on fundamental rights during the operation
of martial law in any area within the territory of India.
➢ Parliament can pass laws to indemnify any person for any act
done in connection with the maintenance or restoration of order
in such areas.
➢ Article 35:
➢ Gives Parliament the exclusive power to make laws regarding
certain matters specified in Article 16 (3), Article 32 (3), Article 33,
and Article 34, and for prescribing punishment for acts declared as
offences under Part III of the Constitution (Fundamental Rights).
➢ This ensures a uniform application of laws related to
fundamental rights across the country.
•First Amendment (1951):
•Allowed reasonable restrictions on freedom of
speech.
•Forty-second Amendment (1976):
•Added the word "secular" to the Preamble.
•Eighty-sixth Amendment (2002):
•Added Article 21A (Right to Education).
Restrictions on Fundamental Rights
Fundamental Rights are not absolute and can be restricted on
grounds of:
•National security
•Public order
•Morality and decency
•Sovereignty and integrity of India
For example:
•Freedom of speech (Article 19) can be restricted under sedition
laws (Section 124A IPC).
•Freedom of religion (Article 25) is subject to public order,
morality, and health.
➢ During a national emergency in India
➢ The right to protection in respect of conviction for
offences (Article 20)
➢ The right to life and personal liberty (Article
21) cannot be suspended.
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