Fundamental Rights (Part III of the Indian Constitution)

TABLE OF CONTENTS

  1. Introduction to Fundamental Rights
  2. Historical Background
  3. Nature & Features of Fundamental Rights
  4. Article-wise Detailed Notes (Art. 12–35)
    • Article 12
    • Article 13
    • Right to Equality (14–18)
    • Right to Freedom (19–22)
    • Right against Exploitation (23–24)
    • Freedom of Religion (25–28)
    • Cultural & Educational Rights (29–30)
    • Constitutional Remedies (Art. 32 & 226)
  5. Suspension of Fundamental Rights (Art. 358–359)
  6. Amendability of Fundamental Rights
  7. Major Judgements Related to Fundamental Rights
  8. Significance of Fundamental Rights
  9. Summary

1. INTRODUCTION

Fundamental Rights are the basic human rights guaranteed by the Indian Constitution.
They are enshrined in Part III (Articles 12–35) and ensure political, social, and individual liberties.

Dr. B.R. Ambedkar: Article 32 is the “Heart and Soul” of the Constitution.

2. HISTORICAL BACKGROUND

  • 1895: Constitution of India Bill (First rights demand)
  • 1928: Nehru Report demanded Fundamental Rights
  • Influenced by:
    • US Bill of Rights
    • French Declaration of Rights of Man (1789)
    • Irish Constitution
    • British Common Law
  • Colonial experiences (Rowlatt Act, Sedition laws) shaped the rights.

3. NATURE & FEATURES OF FUNDAMENTAL RIGHTS

  1. Justiciable rights (enforceable in courts).
  2. Not absolute, subject to reasonable restrictions.
  3. Some rights available only to citizens (Art. 15, 16, 19).
  4. Most rights protect individuals from State, not from private persons.
  5. Suspension allowed in Emergency (with limits).
  6. Form part of Basic Structure (Kesavananda Bharati, 1973).

4. ARTICLE-WISE DETAILED NOTES (ARTICLES 12–35)

ARTICLE 12 — Definition of State

“State” includes:

  1. Government of India
  2. Parliament of India
  3. Government of States
  4. Legislatures of States
  5. Local authorities (Municipalities, Panchayats)
  6. Authorities under control of Government of India

Key Interpretations (Cases)

  • R.D. Shetty vs. International Airport Authority (1979) → Test of instrumentality.
  • Ajay Hasia vs. Khalid Mujib (1981) → Society registered under Societies Act can be ‘State’.
  • Pradeep Kumar Biswas vs. IIT (2002) → Deep & pervasive State control test.

ARTICLE 13 — Laws inconsistent with Fundamental Rights

13(1): Pre-constitutional laws void to the extent of inconsistency.

13(2): State cannot make laws violating FRs.

13(3) defines:

  • Law = ordinance, order, bye-law, rule, notification, etc.
  • Laws in force include laws made before Constitution enforcing continued validity.

13(4): Added by 24th Amendment — Constitutional amendments are NOT law under Art. 13.

Important Judgment

  • Kesavananda Bharati (1973) → Parliament can amend FRs but cannot damage Basic Structure.

RIGHT TO EQUALITY (ARTICLES 14–18)

ARTICLE 14 — Equality before Law & Equal Protection of Laws

Two concepts:

  1. Equality before law — British concept (no privilege).
  2. Equal protection of laws — US concept (equal treatment of equals).

Allows reasonable classification, which must:

  1. Have intelligible differentia
  2. Have rational nexus with object of law

Cases

  • E.P. Royappa (1974) → Equality = anti-arbitrariness.
  • Maneka Gandhi (1978) → Art. 14, 19, 21 form a golden triangle.

ARTICLE 15 — Prohibition of Discrimination

15(1): No discrimination on grounds of

  • Religion
  • Race
  • Caste
  • Sex
  • Place of birth

15(2): No restriction on access to shops, hotels, public places.

15(3): Special provisions for women & children allowed.

15(4): Special provisions for SCs, STs, SEBCs (1st AA Case 1951).

15(5): Reservations in educational institutions (93rd Amendment, 2005).

15(6): EWS reservation (103rd Amendment 2019).

ARTICLE 16 — Equality of Opportunity in Public Employment

16(1): Equality of opportunity.

16(2): Prohibits discrimination.

16(3): Parliament can prescribe residence requirements.

16(4): Reservation for backward classes.

16(4A): Reservation in promotion for SC/STs (77th Amendment, 1995).

16(4B): Carry-forward rule (81st Amendment).

16(6): EWS Reservation (103rd Amendment).

ARTICLE 17 — Abolition of Untouchability

  • Practice is prohibited and made an offence.
  • Enforced by:
    • Protection of Civil Rights Act, 1955
    • SC/ST PoA Act, 1989

ARTICLE 18 — Abolition of Titles

  • No titles except: academic/military distinctions.
  • National awards allowed (Bharat Ratna, Padma awards).
  • Case: Balaji Raghavan (1995) — National awards constitutional.

RIGHT TO FREEDOM (ARTICLES 19–22)

ARTICLE 19 — Six Freedoms (for citizens only)

19(1) Guarantees:

(a) Speech & expression
(b) Peaceful assembly
(c) Form associations/unions
(d) Move freely
(e) Reside anywhere
(f) Practice profession/trade

19(2–6): Reasonable restrictions

  • Public order
  • Sovereignty
  • Morality
  • Defamation
  • Contempt of court
  • Security of State

ARTICLE 20 — Protection in Criminal Laws

Applies to citizens & foreigners.

20(1): No ex post facto punishment

20(2): No double jeopardy

20(3): No self-incrimination

Absolute even during Emergency.

ARTICLE 21 — Protection of Life & Personal Liberty

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

Expanded by judicial interpretation:

Includes:

  • Right to privacy (Puttaswamy, 2017)
  • Right to clean environment
  • Right to reputation
  • Right to legal aid
  • Right to speedy trial (Hussainara Khatoon)

21A: Right to Education (86th Amendment, 2002)

  • Free & compulsory education for children 6–14 years.

ARTICLE 22 — Protection against Arrest & Detention

Ordinary Arrest Rights

  • Right to be informed of grounds
  • Right to consult lawyer
  • Produced before magistrate within 24 hours

Preventive Detention

  • Max. 3 months without Advisory Board report
  • Laws:
    • NSA, 1980
    • COFEPOSA

RIGHT AGAINST EXPLOITATION (ARTICLES 23–24)

ARTICLE 23 — Prohibition of Human Trafficking, Forced Labour

  • Includes begar, bonded labour
  • Exception for compulsory public service

ARTICLE 24 — Prohibition of Child Labour

  • No child under 14 in hazardous industries.
  • Supported by: Child Labour Act, RTE Act.

FREEDOM OF RELIGION (ARTICLES 25–28)

ARTICLE 25 — Freedom of religion

  • Freedom of conscience
  • Practice, profess, propagate religion
    Subject to public order, health, morality.

ARTICLE 26 — Rights of religious denominations

  • Establish & maintain institutions
  • Manage own affairs
  • Own/acquire property

ARTICLE 27 — No tax for promotion of religion.

ARTICLE 28 — Religious instruction in institutions

  • No religious instruction in state-funded institutions.
  • Allowed in private institutions.

CULTURAL & EDUCATIONAL RIGHTS (ARTICLES 29–30)

ARTICLE 29 — Protection of minority culture

  • Right to conserve language, script, culture.

ARTICLE 30 — Minority educational institutions

  • Right to establish & administer institutions.
  • Case: TMA Pai (2002)

ARTICLE 32 — Right to Constitutional Remedies

Supreme Court can issue 5 writs:

  • Habeas corpus
  • Mandamus
  • Prohibition
  • Certiorari
  • Quo warranto

Called the Heart and Soul of Constitution.

ARTICLES 33–35 — Miscellaneous

Article 33: Parliament can restrict rights of armed forces.

Article 34: Rights restrictions during martial law.

Article 35: Parliament to make laws for implementing FRs (Articles 16(3), 32, 33, 34).

SUSPENSION DURING EMERGENCY

Art. 358: Art. 19 suspended during National Emergency.

Art. 359: President may suspend right to move courts (except Arts. 20–21).

MAJOR JUDGEMENTS (Brief List)

  • Golak Nath (1967)
  • Kesavananda Bharati (1973)
  • Maneka Gandhi (1978)
  • Minerva Mills (1980)
  • Puttaswamy (2017)
  • Shreya Singhal (2015)

SUMMARY

Fundamental Rights are essential guarantees securing freedom, dignity, and equality. They limit State power, ensure rule of law, and uphold democratic governance. While not absolute, they remain enforceable through courts. Judicial interpretations—especially of Articles 14, 19, and 21—have expanded their scope significantly. Together with DPSPs, they ensure a balanced, welfare-oriented democratic system.

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