Fundamental Rights (Articles 12–35)

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1. #1

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   Which Part and which Articles deal with Fundamental Rights?

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   Part III, Articles 12 to 35.

   Explicación

   Inspired by the Bill of Rights of the U.S. Constitution. Often called the 'Magna Carta of India'.

2. #2

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   What are the six categories of Fundamental Rights currently guaranteed?

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   (1) Right to Equality (Arts 14–18). (2) Right to Freedom (Arts 19–22). (3) Right against Exploitation (Arts 23–24). (4) Right to Freedom of Religion (Arts 25–28). (5) Cultural and Educational Rights (Arts 29–30). (6) Right to Constitutional Remedies (Art 32).

   Explicación

   Originally there were SEVEN categories. The 'Right to Property' (Art 31 + Art 19(1)(f)) was deleted by the 44th Amendment, 1978, and made a legal right under Article 300A (Part XII).

3. #3

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   How does Article 12 define 'State'?

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   For the purposes of Part III, 'State' includes: (a) Government and Parliament of India, (b) Government and Legislature of each State, (c) all local authorities, and (d) other authorities within the territory of India or under the control of the Government of India.

   Explicación

   In Ajay Hasia v. Khalid Mujib (1981), SC held that 'other authorities' covers any body that is an instrumentality of the State (functional, financial, administrative control). Citation: AIR 1981 SC 487.

4. #4

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   What does Article 13 say about laws inconsistent with Fundamental Rights?

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   Article 13(1): All pre-Constitution laws inconsistent with FRs shall be void to the extent of inconsistency. Article 13(2): The State shall not make any law that takes away or abridges FRs; any such law shall be void. Article 13(3) defines 'law' to include ordinances, orders, by-laws, rules, regulations, notifications, customs/usages.

   Explicación

   Article 13(4) was added by the 24th Amendment (1971) to clarify that constitutional amendments under Article 368 are NOT 'law' under Article 13. SC in Kesavananda Bharati (1973) held amendments are still subject to the basic structure test.

5. #5

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   Article 14 — what does it guarantee?

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   Equality before the law and equal protection of the laws within the territory of India to ANY PERSON (citizens and non-citizens).

   Explicación

   'Equality before law' (negative concept) is borrowed from the British (Rule of Law — Dicey). 'Equal protection of laws' (positive concept) is borrowed from the US 14th Amendment. SC in E.P. Royappa v. State of Tamil Nadu (1974) introduced the 'new doctrine' — equality is antithetical to arbitrariness.

6. #6

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   Article 15 — what does it prohibit?

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   Prohibits discrimination by the State against any CITIZEN on grounds ONLY of religion, race, caste, sex, or place of birth.

   Explicación

   Article 15(3): Special provisions for women and children. Article 15(4) [added by 1st Amendment, 1951]: Special provisions for SEBCs/SCs/STs. Article 15(5) [93rd Amendment, 2005]: Reservation in educational institutions including private (except minority). Article 15(6) [103rd Amendment, 2019]: 10% EWS reservation.

7. #7

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   Article 16 — what does it guarantee?

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   Equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

   Explicación

   Art 16(3): Parliament can prescribe residence requirement for certain state employments. Art 16(4): Reservation for backward classes. Art 16(4A) [77th Amend]: Reservation in promotions for SC/ST. Art 16(4B) [81st Amend]: Carry-forward of unfilled vacancies. Art 16(6) [103rd Amend, 2019]: 10% EWS reservation.

8. #8

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   Article 17 — what does it abolish?

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   Untouchability and forbids its practice in any form. Enforcement is an offence punishable by law.

   Explicación

   Implemented through the Protection of Civil Rights Act, 1955 (originally Untouchability Offences Act, 1955) and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

9. #9

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   Article 18 — what titles does it abolish? What are the exceptions?

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   Abolishes all titles except military and academic distinctions. The State cannot confer titles on any person; citizens cannot accept titles from a foreign State.

   Explicación

   In Balaji Raghavan v. Union of India (1996), SC upheld the constitutionality of Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri — held they are State recognitions of merit, not 'titles' that can be used as suffix/prefix to one's name.

10. #10

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    Article 19 — list the six freedoms guaranteed.

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    19(1)(a) Speech and expression. 19(1)(b) Assemble peaceably and without arms. 19(1)(c) Form associations or unions or co-operative societies. 19(1)(d) Move freely throughout the territory of India. 19(1)(e) Reside and settle in any part of the territory of India. 19(1)(g) Practise any profession, or to carry on any occupation, trade or business.

    Explicación

    Article 19(1)(f) — right to acquire, hold and dispose of property — was REPEALED by the 44th Amendment (1978). 'Co-operative societies' added in 19(1)(c) by 97th Amendment (2011). All freedoms in Article 19 are available only to CITIZENS.

11. #11

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    What are the reasonable restrictions on Article 19(1)(a) — Free Speech?

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    Under Article 19(2): sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, incitement to an offence.

    Explicación

    'Sovereignty and integrity of India' was added as a ground by the 16th Amendment (1963) following the Sino-Indian war. Free speech includes freedom of the press (Romesh Thappar v. State of Madras, 1950).

12. #12

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    Article 20 — what three protections does it provide for offences?

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    (1) No ex-post-facto law (no conviction under a law not in force at the time of the act). (2) No double jeopardy (no person prosecuted and punished for the same offence more than once). (3) No self-incrimination (no person accused of an offence shall be compelled to be a witness against himself).

    Explicación

    Available to BOTH citizens and non-citizens. Cannot be suspended even during a National Emergency (Article 359, post-44th Amendment).

13. #13

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    Article 21 — what does it guarantee?

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    'No person shall be deprived of his life or personal liberty except according to procedure established by law.'

    Explicación

    Borrowed wording 'procedure established by law' from Japan (vs 'due process of law' in USA). In Maneka Gandhi v. Union of India (1978), SC held the procedure must be 'fair, just, and reasonable' — effectively reading due process into Article 21. Has spawned 30+ judicially-implied rights including right to privacy, right to clean environment, right to education, right to die with dignity.

14. #14

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    Name 10 rights that the Supreme Court has read into Article 21.

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    (1) Right to live with human dignity (Maneka Gandhi, 1978). (2) Right to privacy (K. S. Puttaswamy, 2017). (3) Right to a clean environment (M.C. Mehta cases). (4) Right to health & medical care (Parmanand Katara, 1989). (5) Right to legal aid (M.H. Hoskot, 1978). (6) Right to speedy trial (Hussainara Khatoon, 1979). (7) Right against solitary confinement (Sunil Batra, 1978). (8) Right against handcuffing (Prem Shankar Shukla, 1980). (9) Right to die with dignity / Passive euthanasia (Common Cause, 2018). (10) Right to shelter (Chameli Singh, 1996). (11) Right to education (Mohini Jain, 1992; Unni Krishnan, 1993).

    Explicación

    K. S. Puttaswamy v. Union of India (2017): 9-judge bench unanimously held privacy is a fundamental right under Article 21. Citation: (2017) 10 SCC 1.

15. #15

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    Article 21A — what does it guarantee?

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    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.

    Explicación

    Inserted by the 86th Constitutional Amendment Act, 2002. Operationalized by the Right of Children to Free and Compulsory Education (RTE) Act, 2009.

16. #16

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    Article 22 — what protections does it provide regarding arrest and detention?

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    Article 22(1)–(2) (ordinary arrests): Right to be informed of grounds, right to consult and be defended by a lawyer of choice, right to be produced before magistrate within 24 hours. Article 22(3)–(7) (preventive detention): Detention up to 3 months without Advisory Board approval; right to be informed of grounds (with exception for State security); right to make representation.

    Explicación

    Preventive detention laws: COFEPOSA, NSA (1980), PSA (J&K), UAPA. Maximum detention period without Advisory Board: 3 months (extendable). Article 22(1)–(2) do NOT apply to enemy aliens or persons detained under preventive detention laws.

17. #17

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    Article 23 — what does it prohibit?

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    Prohibits traffic in human beings, beggar (forced labour), and other similar forms of forced labour. Available to both citizens and non-citizens.

    Explicación

    Implemented by Bonded Labour System (Abolition) Act, 1976; Immoral Traffic (Prevention) Act, 1956; Minimum Wages Act, 1948. SC in PUDR v. Union of India (1982): paying less than minimum wage = forced labour under Article 23.

18. #18

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    Article 24 — what does it prohibit?

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    Prohibits employment of children below 14 years in any factory, mine, or hazardous occupation.

    Explicación

    NOT a blanket ban on child labour — only in hazardous industries. Implemented by the Child Labour (Prohibition and Regulation) Act, 1986 (amended in 2016 to prohibit ALL employment under 14, with exceptions for family/entertainment).

19. #19

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    Article 25 — what does it guarantee?

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    Freedom of conscience and the right freely to profess, practise and propagate religion — subject to public order, morality, health, and other Fundamental Rights.

    Explicación

    Available to ALL persons (citizens and non-citizens). 'Propagate' was specifically debated in the Constituent Assembly; SC in Rev. Stainislaus v. State of M.P. (1977, AIR 1977 SC 908) held that 'propagate' does NOT include the right to convert.

20. #20

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    Article 26 — what does it guarantee?

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    Subject to public order, morality and health, every religious denomination has the right to: (a) establish and maintain institutions for religious and charitable purposes, (b) manage its own affairs in matters of religion, (c) own and acquire movable and immovable property, (d) administer such property in accordance with law.

21. #21

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    Article 27 — what does it prohibit?

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    No person shall be compelled to pay any taxes specifically for the promotion or maintenance of any particular religion or religious denomination.

    Explicación

    Note: This applies to TAXES, not to FEES. State can impose fees for regulating religious endowments.

22. #22

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    Article 28 — what does it provide regarding religious instruction in educational institutions?

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    (1) No religious instruction in educational institutions wholly maintained out of State funds. (2) Exception: institutions administered by the State but established under an endowment requiring religious instruction. (3) Institutions recognized/aided by the State: religious instruction is voluntary (consent of student / guardian if minor required).

23. #23

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    Article 29 — what does it protect?

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    (1) Any section of citizens having a distinct language, script or culture has the right to conserve the same. (2) No citizen shall be denied admission to any educational institution maintained or aided by the State on grounds only of religion, race, caste, language, or any of them.

    Explicación

    In State of Madras v. Champakam Dorairajan (1951), SC struck down the Madras government's communal reservation order using Article 29(2). This led to the 1st Constitutional Amendment adding Article 15(4).

24. #24

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    Article 30 — what right does it grant minorities?

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    (1) All minorities (religious or linguistic) have the right to establish and administer educational institutions of their choice. (1A) Compensation for compulsory acquisition of minority institutions' property must not restrict this right. (2) The State, in granting aid, shall not discriminate against minority-administered institutions.

    Explicación

    In T.M.A. Pai Foundation v. State of Karnataka (2002), SC held that minority status must be determined STATE-WISE, not nationally. Citation: (2002) 8 SCC 481.

25. #25

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    Article 31 — what is its current status?

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    REPEALED by the 44th Constitutional Amendment Act, 1978.

    Explicación

    Article 31 (Right to Property) was deleted; Right to Property is now a legal/constitutional right under Article 300A in Part XII (not a Fundamental Right).

26. #26

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    What were Articles 31A, 31B, and 31C?

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    31A: Saves laws for acquisition of estates. 31B: Saves Acts in the Ninth Schedule from FR challenges. 31C: Saves laws giving effect to DPSPs in Articles 39(b) and 39(c) from Articles 14 and 19.

    Explicación

    Article 31A added by 1st Amendment (1951). Article 31B added by 1st Amendment (1951) along with the 9th Schedule. Article 31C added by 25th Amendment (1971); its second part (excluding judicial review) was struck down in Kesavananda Bharati. The 42nd Amendment expanded 31C to all DPSPs — struck down in Minerva Mills (1980).

27. #27

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    Article 32 — what is its significance? Why did Dr. Ambedkar call it 'the heart and soul of the Constitution'?

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    Article 32 guarantees the right to move the Supreme Court directly for the enforcement of any Fundamental Right. The Supreme Court can issue writs (habeas corpus, mandamus, prohibition, certiorari, quo warranto). It is itself a Fundamental Right — without Article 32, all other FRs would be unenforceable.

    Explicación

    Quote: 'If I was asked to name any particular article in this Constitution as the most important — an article without which this Constitution would be a nullity — I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it.' — Dr. B. R. Ambedkar, Constituent Assembly Debates.

28. #28

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    Name and define the five constitutional writs.

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    (1) HABEAS CORPUS ('to have the body of') — orders production of a detained person to test legality of detention. (2) MANDAMUS ('we command') — directs a public official/body to perform a public duty. (3) PROHIBITION — issued by a higher court to a lower court to stop proceedings beyond its jurisdiction (preventive). (4) CERTIORARI ('to be certified') — quashes the order of a lower court already passed (curative). (5) QUO WARRANTO ('by what authority') — challenges legality of a person holding a public office.

    Explicación

    Both SC (Article 32) and HCs (Article 226) can issue writs. HCs have wider writ jurisdiction — can issue for enforcement of FRs AND 'for any other purpose' (legal rights). Borrowed from English common law.

29. #29

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    Difference between writ jurisdiction of Supreme Court (Article 32) and High Courts (Article 226)?

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    SC (Art 32): Only for enforcement of Fundamental Rights; territorial jurisdiction is the whole of India. HC (Art 226): For enforcement of FRs AND for any other legal right (wider scope); territorial jurisdiction limited to its state. SC's Art 32 is itself a Fundamental Right; HC's Art 226 is a constitutional (but not fundamental) right.

    Explicación

    Therefore, an aggrieved person has a CHOICE under Article 226 (HC) but a stronger guarantee under Article 32 (SC). The HC's writ jurisdiction is wider; the SC's is more fundamental.

30. #30

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    Article 33 — what does it empower Parliament to do?

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    To restrict or abrogate the application of FRs in their application to: members of the Armed Forces, Forces charged with the maintenance of public order, persons employed in intelligence/counter-intelligence organisations, and persons employed in telecommunication systems set up for the foregoing.

    Explicación

    Implemented by the Army Act, Navy Act, Air Force Act, etc. Court-martial proceedings can exclude judicial review of fundamental rights.

31. #31

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    Article 34 — when can Fundamental Rights be restricted under this article?

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    During the operation of MARTIAL LAW in any area within the territory of India. Parliament can indemnify any person in the service of the Union/State for acts done in connection with the maintenance/restoration of order in such area.

    Explicación

    Note: 'Martial law' is NOT defined in the Constitution. Different from 'National Emergency' under Article 352. Martial law affects only FRs; National Emergency affects FRs + Centre-State relations + life of Lok Sabha + Article 19/20/21 partial.

32. #32

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    Article 35 — what does it provide?

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    Empowers ONLY Parliament (not State Legislatures) to make laws on certain matters relating to FRs — e.g., residence requirements for state employment (Art 16(3)), restriction of FRs for armed forces (Art 33), application of FRs during martial law (Art 34), prescribing punishment for offences under Art 17 (untouchability) and Art 23 (forced labour/trafficking).

33. #33

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    Which Fundamental Rights are available to citizens ONLY (not to non-citizens)?

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    Article 15 (no discrimination on RRCSP grounds). Article 16 (equality of opportunity in public employment). Article 19 (six freedoms). Article 29 (protection of language, script, culture). Article 30 (minority right to establish educational institutions).

    Explicación

    All other Fundamental Rights (Articles 14, 17, 18, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28, 32) are available to BOTH citizens and non-citizens.

34. #34

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    Can Fundamental Rights be suspended during a National Emergency?

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    Yes, but with limitations. During Emergency under Article 352: (i) Article 19 freedoms are AUTOMATICALLY suspended (only when proclamation is on grounds of war/external aggression — NOT armed rebellion, post 44th Amendment). (ii) Other FRs can be suspended via Presidential order under Article 359 — EXCEPT Articles 20 and 21, which can NEVER be suspended (post 44th Amendment).

    Explicación

    Pre-44th Amendment: ADM Jabalpur v. Shivkant Shukla (1976) held even Article 21 could be suspended — overruled in Puttaswamy (2017). 44th Amendment (1978) made Articles 20 and 21 non-suspendable.

35. #35

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    Difference between Fundamental Rights and Legal Rights?

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    FRs: Enshrined in Part III (Arts 12–35). Enforceable by SC under Article 32 (a FR itself) and by HCs under Article 226. Cannot be taken away by ordinary law (only by constitutional amendment, subject to basic structure). LEGAL RIGHTS: Provided by ordinary statutes. Enforceable by ordinary courts. Can be modified or abolished by simple legislation.

36. #36

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    Doctrine of Eclipse — what is it?

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    A pre-Constitution law inconsistent with FRs is not dead but only ECLIPSED — it remains in a dormant state. If the inconsistency is removed (e.g., FR is amended), the law revives and becomes operative again.

    Explicación

    Established in Bhikaji Narain Dhakras v. State of M.P. (1955).

37. #37

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    Doctrine of Severability — what is it?

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    If a law is partly inconsistent with FRs, only the inconsistent PORTION is void, not the entire law — provided the void portion is severable from the valid portion.

    Explicación

    A.K. Gopalan v. State of Madras (1950); R.M.D. Chamarbaugwalla v. Union of India (1957).

38. #38

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    Doctrine of Waiver — does it apply to Fundamental Rights in India?

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    NO. A person CANNOT waive his Fundamental Rights.

    Explicación

    Established in Basheshar Nath v. CIT (1959). Reasoning: FRs are not just for individuals — they reflect public policy. Citation: AIR 1959 SC 149.

39. #39

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    What is Public Interest Litigation (PIL)?

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    A litigation filed in a court of law for the protection of public interest, where any member of the public can approach the court (relaxation of locus standi) for enforcement of FRs of those unable to approach the court themselves.

    Explicación

    Pioneered by Justice P. N. Bhagwati and Justice V. R. Krishna Iyer. Hussainara Khatoon v. State of Bihar (1979) — speedy trial PIL — is considered the first PIL in India. Article 32 / Article 226 are the constitutional bases.

40. #40

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    Which case established the 'Basic Structure Doctrine' that protects FRs from being abrogated by amendment?

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    Kesavananda Bharati v. State of Kerala (1973) — 13-judge bench, 7:6 majority.

    Explicación

    Earlier holdings: Shankari Prasad (1951) and Sajjan Singh (1965) said Parliament can amend FRs. Golaknath (1967) reversed this. 24th Amendment (1971) overrode Golaknath. Kesavananda Bharati upheld Parliament's power to amend FRs but introduced the basic structure limitation. Citation: AIR 1973 SC 1461.

41. #41

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    What are the 'Reasonable Restrictions' to which Article 19 freedoms are subject?

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    19(1)(a) Speech: sovereignty/integrity, security, foreign relations, public order, decency, morality, contempt, defamation, incitement [Art 19(2)]. 19(1)(b) Assembly: sovereignty, public order [Art 19(3)]. 19(1)(c) Association: sovereignty, morality, public order [Art 19(4)]. 19(1)(d)/(e) Movement/Residence: general public interest, ST protection [Art 19(5)]. 19(1)(g) Profession: general public interest; State monopoly; professional/technical qualifications [Art 19(6)].

42. #42

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    Which two Fundamental Rights cannot be suspended even during a National Emergency?

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    Article 20 (Protection in respect of conviction for offences) and Article 21 (Right to life and personal liberty).

    Explicación

    This protection was added by the 44th Constitutional Amendment Act, 1978, in response to misuse during the 1975–77 Emergency.

43. #43

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    Which Fundamental Right was deleted from the Constitution? When and how?

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    Right to Property — deleted as a Fundamental Right by the 44th Constitutional Amendment Act, 1978. Article 19(1)(f) and Article 31 were repealed; Article 300A was inserted in Part XII making it a constitutional/legal right.

    Explicación

    Effect: Property rights can now be modified by ordinary law (no need for constitutional amendment) and cannot be enforced via Article 32 (only via Article 226 / ordinary courts).

44. #44

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    What is the 'Doctrine of Colourable Legislation'?

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    What cannot be done directly cannot be done indirectly. If a legislature lacks power to make a law on a subject, it cannot disguise the law to look like a law on a subject within its competence.

    Explicación

    K.C. Gajapati Narayan Deo v. State of Orissa (1953). Applies primarily to Centre-State distribution of powers but also to FR violations.

45. #45

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    Article 16(4A) and 16(4B) — what do they enable?

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    16(4A) [77th Amendment, 1995]: Reservation in promotions for SC/ST employees. 16(4B) [81st Amendment, 2000]: Carry-forward of unfilled SC/ST reserved vacancies — these do not count toward the 50% ceiling for that year.

    Explicación

    Reservation in promotion was struck down in Indra Sawhney (1992), prompting the 77th Amendment. The 50% ceiling itself comes from Indra Sawhney.

46. #46

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    Article 15(6) and 16(6) — what do they introduce?

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    10% reservation in educational institutions and government jobs for Economically Weaker Sections (EWS) of citizens not covered by existing SC/ST/OBC reservations.

    Explicación

    Inserted by the 103rd Constitutional Amendment Act, 2019. Upheld by SC in Janhit Abhiyan v. Union of India (2022) by 3:2 majority.

47. #47

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    Maneka Gandhi v. Union of India (1978) — what is its key contribution?

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    Established that 'procedure established by law' under Article 21 must be 'fair, just, and reasonable' — not arbitrary, fanciful, or oppressive. Read 'due process' substance into Article 21. Linked Articles 14, 19, and 21 — the 'Golden Triangle'.

    Explicación

    7-judge bench. Citation: AIR 1978 SC 597. Overruled the narrow A.K. Gopalan view (1950) that each Fundamental Right is a separate code.

48. #48

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    Right to Privacy as a Fundamental Right — which case and which Article?

    Reverso

    Justice K. S. Puttaswamy (Retd.) v. Union of India (2017). 9-judge bench unanimously held that Right to Privacy is a Fundamental Right under Articles 14, 19, and 21.

    Explicación

    Overruled M.P. Sharma (1954) and Kharak Singh (1962) parts to the extent they had denied privacy as a fundamental right. Citation: (2017) 10 SCC 1.