Overview (Art. 12–35)
- Inspired by Magna Carta → concept of rights against state power
- Not absolute but qualified → limited restrictions allowed
- Not sacrosanct → can be amended/changed
- Justiciable → enforceable in court
- Right to Property removed
- Earlier: Art. 31 & Art. 19(f)
- Now: Legal Right (Art. 300A)
- Removed during Morarji Desai period
Article 12 – Definition of State
- Includes:
- State Govt.
- Central Govt. & Parliament
- Government bodies
- Local/other authorities
- Applicable within territory of India
👉 Defines who can violate Fundamental Rights
Article 13 – Laws inconsistent with FR
- Any law violating FR → Null & Void
- Power lies with Judiciary
👉 Ensures supremacy of Fundamental Rights
Right to Equality (Art. 14–18)
Article 14 – Equality before Law
- UK concept → Equality before law
- USA concept → Equal protection of law
- Exception:
- President, MPs/MLAs → immunity in civil matters
Article 15 – No Discrimination
- Prohibits discrimination based on:
- Gender, race, caste, religion, place of birth
Article 16 – Public Employment
- Equal opportunity in jobs
- Art. 16(4) → Reservation & promotion allowed
- Not violation of equality
- Important Cases:
- Balaji vs State of Mysore
- Devdasan vs Union of India
- Indira Sawhney (1993)
Article 17 – Abolition of Untouchability
- Untouchability completely abolished
Article 18 – Abolition of Titles
- State cannot give titles
- Exception:
- Education, Military, Excellence awards
Right to Freedom (Art. 19–22)
Article 19 – Six Freedoms
- 19(a) → Speech & expression
- 19(b) → Peaceful assembly
- 19(c) → Association/union
- 19(d) → Move freely
- 19(e) → Reside & settle
- 19(g) → Profession/business
👉 Only for citizens
Article 20 – Protection in Conviction
- No ex-post facto law → No punishment for past act
- No double jeopardy → No repeated punishment
- No self-incrimination → Cannot be forced to testify
Article 21 – Life & Liberty
- No deprivation except by procedure established by law
Article 21A – Right to Education
- Free & compulsory education (6–14 yrs)
- Added by 86th Amendment (2002)
Article 22 – Arrest & Detention
- Rights:
- Must be informed of grounds
- Produced before magistrate within 24 hrs
- Types:
- Punitive → after crime
- Preventive → on suspicion
Right Against Exploitation (Art. 23–24)
Article 23 – Human Trafficking & Forced Labour
- Prohibited
- Exception:
- State can impose compulsory service
Article 24 – Child Labour
- Below 14 yrs → No work in hazardous places
Right to Religion (Art. 25–28)
Article 25
- Freedom of conscience & religion
Article 26
- Freedom to manage religious affairs
Article 27
- No tax for promotion of any religion
Article 28
- Freedom from religious instruction in certain institutions
Cultural & Educational Rights (Art. 29–30)
Article 29 – Protection of Minorities
- Protect language, script, culture
Article 30 – Minority Education Rights
- Minorities can:
- Establish & administer institutions
Right to Constitutional Remedies (Art. 32)
- Heart & Soul of Constitution → (B.R. Ambedkar)
- Citizens can go to Supreme Court directly
- Writs issued:
- Habeas Corpus, Mandamus, Certiorari, Prohibition, Quo Warranto
- Important Points:
- SC cannot refuse writ
- HC jurisdiction wider than SC
Other Important Articles
Article 33
- Parliament can restrict FR of armed forces
Article 34
- FR can be restricted during Martial Law
Article 35
- Only Parliament can make laws for FR
Rights Only for Citizens
- Art. 15, 16, 19, 29, 30
Memory Tricks 🧠
- Equality → 14–18 → “E = 5 letters → 5 articles”
- Freedom → 19–22 → “19 = Speech start”
- Exploitation → 23–24 → “2 crimes”
- Religion → 25–28 → “Temple range”
- Culture → 29–30 → “Minority zone”
- Remedy → 32 → “Heart & Soul”