Title: Fundamental Rights in Indian Constitution – Articles 12 to 35, Six Fundamental Rights and Important Facts
Description: Detailed notes on Fundamental Rights in India for competitive exams. Covers Articles 12–35, six Fundamental Rights, important constitutional provisions, writs, Right to Property and major amendments.
Fundamental Rights
Fundamental Rights are the basic constitutional rights guaranteed under Part III of the Constitution of India. They are mainly intended to protect individual liberty, equality and dignity and to place constitutional limits on State action. The Supreme Court notes that the Constitution grants Fundamental Rights and empowers the independent judiciary to invalidate legislation or government action that violates the Constitution.
Fundamental Rights are contained in Articles 12 to 35 of the Constitution. The official Constitution text published by the Legislative Department, Ministry of Law and Justice, places these provisions under Part III – Fundamental Rights.
Part III: Articles 12–35
The beginning of Part III contains the general provisions relating to Fundamental Rights.
Article 12 – Definition of State
Article 12 defines “State” for the purposes of Part III. It includes:
Government and Parliament of India
Government and Legislature of each State
Local authorities
Other authorities within the territory of India or under the control of the Government of India.
Article 13 – Laws Inconsistent with Fundamental Rights
Article 13 provides constitutional protection against laws that are inconsistent with or take away or abridge Fundamental Rights. It also defines “law” broadly for this purpose.
Six Fundamental Rights
At present, the Constitution provides six categories 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
1. Right to Equality – Articles 14–18
The Right to Equality establishes equality before law and equal protection of laws and prohibits certain forms of discrimination.
Article 14 – Equality before Law
Article 14 states that the State shall not deny any person equality before the law or equal protection of the laws within India.
Article 15 – Prohibition of Discrimination
The State cannot discriminate against a citizen only on the grounds of religion, race, caste, sex or place of birth. The Constitution also contains provisions permitting certain special measures and affirmative action.
Article 16 – Equality of Opportunity in Public Employment
It guarantees equality of opportunity for citizens in matters of public employment and provides constitutional provisions concerning reservations and other exceptions.
Article 17 – Abolition of Untouchability
Article 17 abolishes untouchability and forbids its practice in any form.
Article 18 – Abolition of Titles
Article 18 abolishes titles, subject to the constitutional provisions concerning distinctions such as military and academic distinctions.
2. Right to Freedom – Articles 19–22
This group contains several important individual freedoms and protections.
Article 19 – Six Freedoms
Article 19 currently guarantees citizens the freedom:
of speech and expression;
to assemble peacefully and without arms;
to form associations or unions or co-operative societies;
to move freely throughout India;
to reside and settle in any part of India; and
to practise any profession or carry on any occupation, trade or business.
These freedoms are not absolute. The Constitution permits reasonable restrictions under specified conditions. For example, restrictions on freedom of speech can be imposed on constitutionally specified grounds such as security of the State, public order, decency or morality, contempt of court, defamation and incitement to an offence.
Article 20 – Protection in Respect of Conviction for Offences
Article 20 provides important safeguards relating to criminal conviction, including protection against certain forms of retrospective criminal punishment and double jeopardy, as well as protection against compelled self-incrimination.
Article 21 – Protection of Life and Personal Liberty
Article 21 provides:
> “No person shall be deprived of his life or personal liberty except according to procedure established by law.”
The Supreme Court has interpreted Article 21 broadly and has recognized aspects such as human dignity, personal autonomy and privacy within the protection of life and personal liberty.
Article 21A – Right to Education
Article 21A provides for free and compulsory education for children between 6 and 14 years, subject to the constitutional provision.
Article 22 – Protection against Arrest and Detention
Article 22 provides constitutional safeguards relating to arrest and detention, including provisions concerning information about the grounds of arrest and access to legal representation, along with separate provisions concerning preventive detention.
3. Right against Exploitation – Articles 23–24
Article 23
Article 23 prohibits:
trafficking in human beings;
begar; and
other similar forms of forced labour.
Article 24
Article 24 prohibits the employment of children below 14 years in factories, mines or other hazardous employment.
4. Right to Freedom of Religion – Articles 25–28
These provisions protect freedom of conscience and religious freedom subject to constitutional limitations.
Article 25
Freedom of conscience and the right to freely profess, practise and propagate religion.
Article 26
Freedom to manage religious affairs.
Article 27
Freedom from payment of taxes specifically appropriated for the promotion or maintenance of a particular religion.
Article 28
Deals with religious instruction in educational institutions.
5. Cultural and Educational Rights – Articles 29–30
Article 29
Article 29 protects the interests of sections of citizens having a distinct language, script or culture.
Article 30
Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions of their choice, subject to constitutional provisions.
6. Right to Constitutional Remedies – Article 32
Article 32 provides the right to approach the Supreme Court for enforcement of Fundamental Rights.
The Supreme Court has original jurisdiction under Article 32 for enforcement of Fundamental Rights and can issue directions, orders and writs for this purpose.
The five important constitutional writs are:
Writ Basic Purpose
Habeas Corpus Protection against unlawful detention
Mandamus Commands a public authority to perform a legal duty
Prohibition Prevents a lower court/tribunal from exceeding its jurisdiction
Certiorari Used to quash an order of a lower court/tribunal in appropriate cases
Quo Warranto Questions the legal authority of a person holding a public office
The Supreme Court specifically identifies these five writs in connection with its Article 32 jurisdiction.
Dr. B. R. Ambedkar famously described Article 32 as the “heart and soul” of the Constitution; this quotation is also recorded by the Supreme Court of India.
Right to Property – Important Constitutional Change
The Right to Property was originally a Fundamental Right under Articles 19(1)(f) and 31.
The 44th Constitutional Amendment Act, 1978 removed it from the list of Fundamental Rights. The right is now protected under Article 300A as a constitutional/legal right.
Therefore:
Original Fundamental Rights = 7
Present Fundamental Rights = 6
This is an important distinction for competitive examinations.
Fundamental Rights: Important Article-wise Revision
Article Subject
12 Definition of State
13 Laws inconsistent with Fundamental Rights
14 Equality before law
15 Prohibition of discrimination
16 Equality of opportunity in public employment
17 Abolition of untouchability
18 Abolition of titles
19 Six freedoms
20 Protection in respect of conviction for offences
21 Life and personal liberty
21A Right to education
22 Protection against arrest and detention
23 Trafficking and forced labour
24 Child labour in hazardous employment
25 Freedom of conscience and religion
26 Management of religious affairs
27 Freedom from certain religious taxes
28 Religious instruction
29 Protection of language, script and culture
30 Minority educational institutions
32 Constitutional remedies
The article-wise provisions are based on the official text of Part III of the Constitution published by the Legislative Department.
Fundamental Rights: Quick Facts for Competitive Exams
Part: III
Articles: 12–35
Present categories: 6
Original categories: 7
Article 14: Equality before law
Article 19: Six freedoms
Article 21: Life and personal liberty
Article 21A: Education for children aged 6–14
Article 32: Constitutional remedies
Article 300A: Right to property
Right to Property removed from Fundamental Rights: 44th Constitutional Amendment Act, 1978
Five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto
Supreme Court's Article 32 jurisdiction: Enforcement of Fundamental Rights.
Government Sources
1. Legislative Department, Ministry of Law and Justice, Government of India – Constitution of India, Part III: [Official Constitution – Part III Fundamental Rights]
2. Legislative Department – Constitution of India: [Official Legislative Department Website]
3. Supreme Court of India – Constitution: [Supreme Court of India – Constitution]
4. Supreme Court of India – Jurisdiction under Article 32: [Supreme Court – Jurisdiction]
Comments
Post a Comment
Comment