Part III: Fundamental Rights
Fundamental Rights are the basic human rights guaranteed to all citizens of India. They are enforceable by the courts and serve as a check on the power of the government. These rights are essential for the development of the individual and the society as a whole.
Articles Covered
Article 12: Definition of State
In this Part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
Key Points:
- Defines what constitutes "the State" for fundamental rights
- Includes central and state governments
- Covers local authorities and government-controlled bodies
- Broad interpretation by Supreme Court
Article 13: Laws Inconsistent with or in Derogation of the Fundamental Rights
13(1): All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
13(2): The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
13(3): In this article, unless the context otherwise requires,—
- (a) "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
- (b) "laws in force" includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
Key Points:
- Establishes judicial review of laws
- Makes fundamental rights supreme
- Invalidates laws inconsistent with rights
- Broad definition of "law"
Categories of Fundamental Rights
Right to Equality (Articles 14-18)
Article 14: Right to Equality
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 15: Prohibition of Discrimination
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
Article 16: Equality of Opportunity in Public Employment
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Article 17: Abolition of Untouchability
"Untouchability" is abolished and its practice in any form is forbidden.
Article 18: Abolition of Titles
No title, not being a military or academic distinction, shall be conferred by the State.
Right to Freedom (Articles 19-22)
Article 19: Protection of Six Freedoms
All citizens shall have the right—
- (a) to freedom of speech and expression;
- (b) to assemble peaceably and without arms;
- (c) to form associations or unions;
- (d) to move freely throughout the territory of India;
- (e) to reside and settle in any part of the territory of India;
- (f) to practice any profession, or to carry on any occupation, trade or business.
Article 20: Protection in Respect of Conviction for Offences
No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
Article 21: Protection of Life and Personal Liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
Article 22: Protection Against Arrest and Detention
No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
Right Against Exploitation (Articles 23-24)
Article 23: Prohibition of Traffic in Human Beings and Forced Labour
Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
Article 24: Prohibition of Employment of Children in Factories
No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
Right to Freedom of Religion (Articles 25-28)
Article 25: Freedom of Conscience and Free Profession
Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
Article 26: Freedom to Manage Religious Affairs
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right to manage its own affairs in matters of religion.
Article 27: Freedom from Payment of Taxes for Religious Purposes
No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.
Article 28: Freedom from Religious Instruction in Educational Institutions
No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
Cultural and Educational Rights (Articles 29-30)
Article 29: Protection of Interests of Minorities
Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
Article 30: Right of Minorities to Establish Educational Institutions
All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.
Right to Constitutional Remedies (Articles 32-35)
Article 32: Right to Constitutional Remedies
The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
Article 33: Power of Parliament to Modify Rights
Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to the members of the Armed Forces or the Forces charged with the maintenance of public order, be restricted or abrogated.
Article 34: Martial Law Restrictions
Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force.
Article 35: Legislation to Give Effect to Rights
Notwithstanding anything in this Constitution, Parliament shall have, and the Legislature of a State shall not have, power to make laws for prescribing punishment for acts which are declared to be offences under this Part.
Historical Context
Fundamental Rights were inspired by the Bill of Rights of the United States Constitution and the Universal Declaration of Human Rights. They were incorporated to protect individual liberties against arbitrary state action and to ensure the dignity and freedom of every citizen. The framers of the Constitution were deeply influenced by the freedom struggle and wanted to create a society based on justice, liberty, and equality.
Current Status
Fundamental Rights continue to be the bedrock of Indian democracy. The Supreme Court and High Courts have expanded the scope of these rights through judicial interpretation. Article 21 (Right to Life) has been particularly expanded to include various rights like right to education, right to health, right to clean environment, etc. These rights are not absolute and can be reasonably restricted in the interest of public order, morality, and security.
Key Principles
Justiciability
Fundamental rights are enforceable in courts of law
Limitations
Rights are not absolute and subject to reasonable restrictions
Judicial Review
Courts can strike down laws violating fundamental rights
Public Interest
Rights can be restricted for public order and security