Fundamental Rights
Fundamental Rights
FR at a glance
to
te
mo to to
p ro
Rights of people “Govt. of Fundamental Law Overall development Freedom of Religion (25-28) Exploitation (23-24)
against invasion by laws and (i.e. Constitution) of individuals
state (executive/ not of
legislature) men”
* Right to property was removed from FR by 44th CAA’ 1978 → made a legal right (Art. 300-A)
Doctrine of Severability/Separatibility
HC
legislation (Parliament/State) by enacting a law
e.g. NGT, SEBI, CBI, NHRC, etc e.g. UIDAI Art. 32 Art. 226
Article 14
Right to Equality : Articles 14 to 18 EPL
The mnemonics to memorise the articles are given All persons may not be in same position by nature,
Within territory of India, State
in interactive exercises circumstances, etc
shall not deny to any person
So
Applicable in India in form of EBL
State may treat different persons differently if
No man to be punished Equality before Equal protection circumstances justify such treatment
except for a breach of Law (EBL) of Law (EPL)
law (i.e. no arbitrary Doctrine of reasonable classification
(negative concept) (positive concept)
Constitution is power)
result of rights Rule of Law
of individuals (by Dicey) Art. 14 allows reasonable (and not arbitrary)
classification of persons by state to achieve specific aims
In India, its ALL persons →
opposite i.e. subjected to same laws , Art. 31-C
constitution is
source of rights
irrespective of position, People belonging to
of individuals standing, etc MP/MLA same classification
Foreign Diplomats
194 should be treated alike
1 05/
Art.
Exceptions
State can make special Art.
361 Equal protection to all those who are in similar
provisions for circumstances
Art. 361-A
UNO and its agencies President/Governor
e.g.
women and socially/educationally
Publication in newspaper Govt policy to reserve seats in public employment for
children backward classes
backward classes is an e.g. of EPL
covered in detail in interactive exercises
Exceptions wrt Article 15
Prohibits discrimination by
shops, State only
hotels, etc public p
laces lik State as well as individuals
e
Article 15
access 2 1
No citizen to be subjected to State shall not
with regard to any disability, liability, discriminate against any
restriction or condition citizen
on g ds
ro u n roun
ds on g
use of well, tank and
general
meant for other public places ONLY OF i.e. discrimination on other
public /
maintained by grounds is not prohibited.
for e.g. place of residence
state funds
RRCSB
( Religion, Race, Caste, Sex or place of Birth ) Page 2-2
Fundamental Rights
Article 16 Article 17
Article 18
Exception
Abolition of Titles
National awards
NO presents, emoluments, State → not to confer any title [ Bharat Ratna, Padma awards
office from a foreign state on any person (citizen/foreigner) (Vibhushan, Bhushan , Shri ) ]
NO foreign titles
except
by
but
by
by
Page 2-3
Fundamental Rights
prohibited/regulated by state
includes
Guarantees 6 rights *
negative right of
Right to freedom of speech Right to form associations, includes
not to form/join an
and expression unions , etc
association/union
e.g.
Right to assemble peacefully
every citizen can express through various mediums without arms
e.g. political party, comapany,
g.
bu
e. clubs, etc
t
his
by
not included in
Double jeopardy
e.g.
to prevent the state from trying
A person commits a crime
the case again and again
goes to
main idea
trial
NO departmental/administrative
citizen available to Article 20 3 parts Double Jeopardy Only in case of court/tribunal
proceedings
NO
Page 2-5
Fundamental Rights
A law enacted is valid if it has followed the correct procedure for making the law Article 21 : Protection of
Procedure Established life and personal liberty
by Law (PEL) regarded as “Heart of FRs”
not arbitrary
Due Process of Law (DPL)
wider meaning PEL + The procedure should be Amenities / Others Dignity
(USA)
Health
free education upto 14 years social security and protection
emergency medical aid of family
SC’s interpretation of Art. 21
decent environment
life insurance live with human dignity
Gopalan Case (1950) Maneka Gandhi Case (1978)
to information sleep
arbitrary arbitrary against bonded labour
executive action against noise pollution
executive action travel abroad
t st privacy
ins ain timely medical treatment
aga ag
electricity in govt hospital treatment of women with
Protection under Protection under dignity and respect
Art. 21 available Art. 21 available
NO AL
SO
Ta aga
gai ins Administration of criminal justice and prison administration
nst t
Right
arbitrary legislative arbitrary legislative
action that follows PEL action that follows PEL AG
TO AI
NS
T
So, although worded negatively, the wider interpretation by SC In subsequent cases, this scope This list is only indicative and not exhaustive. Please don’t try to memorise this list.
has given positive content to Art. 21 has been expanded by SC Just go through it once and try to gain a bird’s eye view of the scope of Art. 21
Page 2-6
Fundamental Rights
(i.e. justiciable)
Article 21-A Act, 2009 (RTE) for a crime of a future offence
not justiciable as it was a part State shall provide free and
without
compulsory education complements
after
of DPSP
to
Article 45 changed to
state to provide early
childhood care and education trial and conviction trial and conviction
All chlidren (6-14 years)
till 6 years of age by a court by a court
tu ten
magistrate within 24 hours p or tio
op n
judges) decides
o
corresponding
non-citizens
laws by parliament exception
on
welfare fund
Children < 14 years Child Rights Act, 2005
employment of
to deposit 20K/child
children <14 years as
no prohibition in but National/State Commissions Children’s domestic servants/
prohibited to be Offending employers for protection of Child Rights Courts workers in hotels, etc
harmless work
in
in
Page 2-8
Fundamental Rights
Right to freedom of Religion : Articles 25-28
Article 27
in fact
right to convert others forcible conversions For safety
r im arrangements
ove pin No person to be compelled to
sn't c ge
but
doe on pay taxes → to be used on of pilgrims
any PARTICULAR religion
disseminating inner freedom to
e.g.
one’s religious Propagate Religion Freedom of Conscience mould one’s
that is
beliefs to others Rig t to relations with ‘God’
ht to
Righ
this
social welfare and reform prohibits state from favouring
for
economic/financial/political or provide one religion over another
regulate/restrict
any secular activity associated State permitted to
throw
with religious practice open
e.g. management of temples, etc All classes/
public Hindu religious to sections of
institutions Hindus
attending religious instruction
ht
ig
ig
ht
R
to
Right to
educational institution religious instruction
Right to
own/acquire Article 26 manage → own religious affairs
Freedom of religious denominations completely completely
to manage religious affairs maintained by state prohibited
Religious Article 30
Article 29 : Protection
of interest of minorities Linguistic Linguistic OR Religious minorities
doesn't include
Right to
includes minority as well as majority
aim not
ensure equality with majority establish AND administer absolute
SC
(NOT more advantageous position)
{
educational institutions reasonable regulations can be
imposed for larger interests of
Rights of a having
nation, checks on (in)efficiency
group of administration and other
FROM STATE TYPES
right to such measures
distinct culture/script/language conserve
Protects
No citizen to be denied on grounds ONLY . . .
{
of RRC and language
Rights of an
individual admission to
regulated by can be adm like fee, syllabus, no regulation but subject to general laws
state employment , etc from state (like tax, etc)
State managed/aided educational institutions
powers orders
basic structure violation of FRs (ONLY) citizens can approach i.e. original wide directions
par s fo
r SC directly in case of
t of e die SC writs
rem violation of FRs
ve
usi
Article 32
xcl
Art.32
te
no
right to
original 26
move SC t. 2
Ar
g in c
urin ase empowered by Pt
e pt d of can be
e xc HC Other Courts to issue writs/
directions/orders
National Emergency (Art.359) violation of FRs
orders directions writs
Page 2-10
Fundamental Rights
if
curative
inactivity cause of action is in
Mandamus (“to command”) directs transfer a quash
directs or
case to itself an order
Court directs to Public official activity Prohibition (“to forbid”)
Writ Can be issued against Can NOT be issues against / in case of Writ Can be issued against Can NOT be issues against / in case of
judicial/quasi judicial bodies adm/ legislative authorities Public official / body private individuals / bodies
since 1991
Certiorari corporations if duty is discretionary
administrative authorities private individuals / bodies Mandamus
inferior court / tribunal CJ of HC / President / Governor
govt departmental instructions not
adm/ legislative authorities
Prohibition judicial/quasi judicial bodies having statutory force
private individuals / bodies enforcing contractual obligations
Article 33 Article 35
proper
Pt can Article 31 Right to Property Article 14 Article 19
discipline/ power to
discharge
aim transferred to
restrict/abrogate of duties
Parliament from
repealed
(and NOT state legislatures) Art. 300-A (Part - XII)
(along with Art. 19(1)(f)
FRs of armed forces * can't uniformity
be c related to property
halle to throughout
nge made a
d aim India
e.g. on ground of by 5 categories of laws related to
contravention make laws/give effect
legal right
of any FR to certain FRs
Army Act, BSF Act, etc 44th CAA’ 1978 commerce industry
Other FRs
.
i.e
impose restrictions on freedom of * includes army, para military are self
forces, police forces, Articles 16, 17 executory agricultural land reforms
intelligence agencies, etc and protection to FRs like approaching
even their non-combatant 23
speech, association, employees like cooks,tailors, the SC directly is no more available
talking to press, etc etc 32, 33, 34, 35 to this right
saves
Some important Features / Significance of FRs challenged on grounds of
violation of FRs
Most FRs
sta Available against can’t be
t te Article 31-A
no ca
n
Any act/law placed in 9th schedule pe
absolute impose reasonable restrictions State action only State action as well as r sco
OR wide
private individuals
who decides if they are if violated by
balance b/w pvt individuals
reasonable ? if violated
Article 31-B Exception to FRs
only ordinary Constitutional SC (I.R.Coelho Case, 2007)
Individual Social Courts legal remedies remedies are
Liberty Control are available available Judicial Review is A basic feature
So Article 31-C
Any law to implement Article
curtailed/repealed by Pt National Emergency All laws placed in 9th schedule 39 (b and c) of DPSP
e during
b after Keswanand Verdict ( about
can
but
Suspension on grounds of
basic structure) i.e. 24 Apr’ 1973
Amendability without affecting basic structure NOT to be void
by external aggression armed rebellion if violative of open to
but
CAA Act (not ordinary act) except : Art. 19, 20, 21 Art. 19, 20, 21
Art, 14,15, 19,21 or challenge on grounds of contravention of
‘Basic Structure’ in court Art. 14 or 19 Page 2-12