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Laxmikant Revision Notes :

Fundamental Rights
Fundamental Rights

FR at a glance

Part-III Acronym : EFEFCC


USA (‘bill of rights’) Placing
ide
af
rom
Articles Constitutional Remedies (32)
12-35
Fundamental Rights (FR) Property (31) * Equality (14-18)

to
te
mo to to
p ro

Political Democracy Why ‘Fundamental’ ? to Right to

Cultural & Educational (29-30) Freedom (19-22)


ag
protected & most ai
protect aim to ns
guaranteed by essential for t

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

Statutory Bodies v/s Non-statutory Bodies Article 13


b y for
ed me
m db to be
for y All laws inconsistent with FR VOID
NOT
Legislative Action demarcated in Executive Action i.e.
constitution
e.g. NITI Aayog
get

Art. 13 provides for Judicial


Review of any law(JR)
powers, rules, authority from Can be made Statutory
SC

HC
legislation (Parliament/State) by enacting a law

e.g. NGT, SEBI, CBI, NHRC, etc e.g. UIDAI Art. 32 Art. 226

Local Article 12 Govt &


Authorities Legislature Article 13 : A fine point
defines

Art. 13 states that SC has held that if a CA is violative of a FR which


Other (controlled/financed ‘state’ for the Constitutional Amendment (CA) BUT is a part of the basic structure of the constitution, it
by Govt) is NOT a law and can’t be can be declared void by Judicial Review
purposes of State Union
part-III and IV challenged (Keswanand Bharti Case)
Statutory Non-statutory of the constt. Page 2-1
Fundamental Rights

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

Equality of opportunity in Untouchability


public employment is

abolished practice in ANY form is forbidden


No discrimination on grounds
of ONLY RRCSB, descent and
place of residence enforcement of any disability
arising out of ‘untouchability’
RESIDENCE can be shall be an offence punishable
RESERVATION for a
prescribed as condition in in accordance with law
backward class not
adequately represented certain state/UTs , etc by
in state services Parliament
Exceptions
All rights accruing
t by this article enforc
ble a gains ed thro
availa ugh

Private Individuals Civil Rights Act’ 1955


Office holder of a religious/ denominational
institution can come from respective
community if a law is made for same Constitutional duty of state to
ensure these rights

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

can’t be used with names of


consent of need any foreigner holding office of citizens academic/military awardees
president profit/trust under state distinctions

Page 2-3
Fundamental Rights

qualifications needed for


practising a particular
Right to Freedom : Articles 19 to 22 profession, trade, etc
cribe
pres interests of
The mnemonics to memorise the articles can
are given in the interactive exercises State general public
can
reside settle
itself carry any business,
Reasonable Restrictions (temporary) ( set permanent home/domicile)
etc partially/completely
excluding citizens
General Public
Right to reside and settle in Reasonable Restrictions
interests of any part of India
ST
immoral
(e.g. trafficking)
Inter state or
Right to practise any except
Right to move freely
profession, trade, etc dangerous
throughout the territory of India
Intra State (e.g. drugs)

available against state occupations


action only
press freedom, ads, telecast,
demonstration , etc

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

public meeting, only on


(views , (mouth, writing, demonstration , public
opinions, etc) printing, etc) procession, etc land Right to Strike

not included in

Reasonable Restrictions Reasonable Restrictions


• State Security Right to speech, assemble or
• Sovereignty and Integrity of India forming association
• Friendly relations with other states
• Contempt of Court • Public Order , Morality
• Defamation
• Incitement to any offence
* Article 19 originally had 7 rights but right to acquire, hold and dispose of property was removed by 44th CAA of 1978 Page 2-4
Fundamental Rights

Article 20 : Protection in respect of conviction for offences


Some Technical Terms
Ex-post-facto-law
e.g.
human
Legal Person firm recognised to
have legal rights
non-human like entering into
contracts, sue or
govt agency be sued

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

whatever the verdict, he can’t


acquitted convicted be tried again for same
offence.
In case of India, DJ is applicable only in case of conviction Self incrimination act of exposing oneself by making a statement that incriminates the person concerned

applicable for NOT applicable for

civil / tax laws or preventive


ex-post-facto-law Only for criminal laws
detention
foreigner NO

NO departmental/administrative
citizen available to Article 20 3 parts Double Jeopardy Only in case of court/tribunal
proceedings
NO

legal person protection against


arbitrary and excessive civil
Self incrimantion Only for criminal proceedings proceedings
punishment

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”

“flaw?” → does NOT seek if law made is


fair No person shall be deprived of except according to procedure
mentioned in constitution his life or personal liberty established by law
just
NOT

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

it must also follow DPL free legal aid solitary confinement

speedy trial handcuffing


Narrow interpretation of Art. 21 Wider interpretation of Art. 21 fair trial delayed execution

liberty related to appeal against concition custodial harassment


ONLY means Right to live with human dignity and other aspects
Personal liberty person or body of
covers access to necessities of life public hanging
individual Personal liberty a variety of rights

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

Road to Article 21-A


SC ruled in 1992 → existence existence of FR to only Article 22 : Protection against
overruled in 1993
of FR to education upto ANY primary education (upto 14 duty of citizens to provide arrest and detention
level under Art. 21 years) under Art. 21 FD education to their children/ward
Article 51-A(k) between 6-14 years Detention

Art. 45 (DPSP) → contained complements


provision for free and Punitive Preventive
compulsory education for
children
86th CAA' 2002 Right of children to free
Article 21-A added in part - III Pt enacted
and compulsory education as punishment to prevent commission
but

(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

First part of Art. 22 Second part of Art. 22 Power to legislatures by Art. 22


to be released after 24 hours related to Max period circumstances under which >3 procedure for
unless magistrate authorises of months detention is permitted inquiry by
further detention persons arrested under any detention without consulting advisory board advisory board
preventive detention law (PDL)
o ma
yt x
be produced before a nit de to prescribe
detenu to be informed

tu ten
magistrate within 24 hours p or tio
op n

security of state Parliament


to

detenu to make 3 months security of India


representation
Any person arrested under against the order unless

an ordinary law has right *… concurrently exclusively


an advisory maintenance of public order make PDL makes PDL foreign affairs
related to related to
be

grounds of detention board (of HC


...t
to

judges) decides
o

(except the ones


...

against public order) for extension


informed consult and maintenance of State Legislatures defence
Some e.g. of PDL
of grounds be defended supplies and services
of arrest by a lawyer COFEPOSA NSA PBMSECA essential to community
Conservation of foreign National Prevention of black
* not available to enemy aliens and persons exchange and Security marketing and maintenance
arrested under preventive detention law prevention of smuggling Act, of supplies of essential
activities act , 1974 1980 commodities act, 1980 Page 2-7
Fundamental Rights

Right against Expolitation : Articles 23 and 24

corresponding
non-citizens
laws by parliament exception

Immoral traffic military


citizens to availab traffic in human beings prevention Act , 1956
le
State can impose
Article 23 prohibits compulsory service for public
le
av ailab Bonded labour system
purposes without pay
(Abolition), Act 1976
state against begar and other Minimum Wages Act, 1948
social but no discrimination on grounds of ONLY
forms of forced labour Contract labour Act, 1970
Equal Remuneration Act, 1976
private persons
RRC or Class

Important legislations/ orders related to Article 24

SC order (1996) For speedy trial Govt ban (2006)


Article 24 Child labour rehabilitation
Commissions for protection of

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

Child Labour (prohibition and regulation) Act, 1986


employed in amendment in 2016

Renamed : Child and


factory mines adolescent Labour (prohibition
and regulation) Act, 1986
s pro
hibit hibit
hazardous activities (e.g. pro s
construction, ports,
employment of children employment of adolescent
railways, etc)
< 14 years (14-18 years)

in
in

ALL occupations hazardous occupation

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

Article 25 : All persons A fee can be


declaring one’s religious belief/faith openly taxes may be used → to charged for
rituals, ceremonies, etc are equally entitled to… however
Righ promote ALL religions (not any providing a
ht to t to
Rig particular ones) sdpecific
service
Practice Religion Profess Religion

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

according to law freedom from


property administer establish/maintain religious/charitable institutions
Article 28
to
R

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

Art. 25 and 26 guarantee adm by state but estd. under


public order, morality permitted
subject to
religious endowment/trust
Art.25 → Rights and health can’t perform human sacrifice
of Individuals ct to
subje
recognised by state on voluntary basis
sub
ject e.g
Art.26 → Rights of to
religious denominations NOT su
bject to recieving aid from state on voluntary basis
other provisions Govt can restrict loudspeakers
related to FR
Page 2-9
Fundamental Rights

Cultural & Educational Rights : Articles 29 and 30

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)

“ANY section of citizens”

{
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

Article 32 : Right to Constitutional Remedies


“ Soul and heart of the constitution” - Dr B.R. Ambedkar

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

Enforcing FRs vis-a-vis Courts

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

SC v/s HC w.r.t. Writs

act / abstain from acting


Cause and legality of detention enquires legality of a person
Court SC HC
to a public office
to any person ( not necessarily
by the aggrieved person)
examine ca n be sought only for enforcing FR +
A written command Quo Warranto Scope : enforcing
wider
legal rights(‘any
produce body of a detained (“by what authority”)
in name of a FR other purpose’)
person before it
excess/lack of jurisdiction
court / legal authority
Court directs to Person
What are Writs ? used to quash throughout
narrower territorial
Territory : Indian
Habeas Corpus WRITS jurisdiction
Certiorari (“to be certified”) territory
(“to have the body of”) Learning Aid : CPM HQ
o
als
directs to
outside within
preventive Higher court lower court / tribunal

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”)

Art. 32 → is a Art. 226 → not a


Higher court directs to lower court / tribunal
perform official duties Compulsion: FR SC can’t not a must FR HC may
refuse its use of refuse to use its
not exceed its jurisdiction writ jurisdiction writ jurisdiction

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

public authorities detention that is lawful / outside court’s


Quo Warranto public office created Habeas Corpus jurisdiction / is by a competent court /
ministerial/private office
by statute/constitution Private individuals is for contempt of court or legislature
Page 2-11
Fundamental Rights
Article 34 has been covered in the notes of National Emergency

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

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