Fundamental Rights

The Indian Constitution, 1950 contains certain provisions which guarantee the
basic human rights of all the citizens of India. There are six Fundamental Rights
in the constitution of India. Fundamental Rights are included in Part-III of the
Indian Constitution, it is also known as the ‘Magna Carta’ of the Indian
Constitution.
There are six fundamental rights enshrined in the Indian Constitution, they are
as follows –

 Right to Equality (Article 14–18)

 Right to Freedom (Article 19–22)
 Right against Exploitation (Article 23–24)
 Right to Freedom of Religion (Article 25–28)
 Cultural and Educational Rights (Article 29–30)
 Right to Constitutional Remedies (Article 32)

The right to property was one of the fundamental rights in the Constitution.
However, the right to property was extracted from the schedule of fundamental
rights by the 44th Constitutional Amendment Act, 1978. Thus, at present, the
right to property is a legal right under Article 300A and not a fundamental
right.

Salient features of Fundamental Rights

The following are a few features of the Fundamental Rights enshrined in the
Constitution of India –

 The Indian Constitution guarantees and protects fundamental rights.

 The Parliament has the power and authority to restrict the
fundamental rights on reasonable grounds, however, such restrictions
can only be made for a fixed period of time.
 Fundamental Rights can be suspended in the case of national
emergencies however, the rights guaranteed under
Articles 20 and 21 will still be applicable. In the case of military rule,
fundamental rights can be restricted in any area within the Indian
territory.
 The Constitution of India enables an individual to move directly to the
Supreme Court of India for the enforcement of their fundamental right
in case they are violated or restricted. The fundamental rights are thus
justiciable.
Right to Equality

Article 14 – Equality before the law

 Article 14 considers all individuals the same in the eyes of the law.
 This Article states that all citizens of India must be treated equally
before the law.
 The said Article further states that the law protects everybody
equally.

Article 15 – Prohibition of discrimination

This provision of the Indian Constitution prohibits discrimination of any kind.

Based on the grounds of religion, race, place of birth, caste, gender,

Article 16 – Equal opportunity in case of public employment

 This Constitutional provision provides equal employment

opportunities in State Service for all citizens.
 In the case of public employment, no citizen must be discriminated
against or appointed based on the grounds of religion, caste, race,
gender, place of birth, residence or descent.
 Exceptions for Backward classes

Article 17 – Untouchability

 The aforesaid article strictly prohibits the practice of untouchability.

 By virtue of this article, untouchability has been abolished in all forms.
 In case any disability or dispute arises due to untouchability then it is
considered an offence.

Article 18 – Abolition of titles

 The said Article abolishes titles. It states that the State shall not
confer any titles. However, those titles which are academic or military
in nature shall be allowed.
 The said article further prohibits the citizens of India from accepting
any kind of titles from a foreign country. The titles that were awarded
by the then British government such as Rai Bahadur, Khan Bahadur
are also abolished by virtue of this article.
  Awards such as Padma Shri, Padma Bhushan, Padma Vibhushan,
Bharat Ratna and military honours like Ashok Chakra, Param Vir
Chakra shall not be considered under this category.

Right to Freedom
The following articles of the Constitution deal with the fundamental Right to
Freedom –

Article 19

Article 19 guarantees the following six freedoms. They are as follows –

Article 19(1)(a) – Freedom of speech and expression

This provision guarantees freedom of speech and expression to every citizen

of India. However, the law may impose restrictions on the scope of this
freedom considering the interests of the integrity, security and sovereignty of
the country. The exceptions further include- friendly relations with foreign
nations, maintaining public order, regarding the incitement to an offence,
defamation or contempt of court.

Article 19(1)(b) – Freedom to assemble

This provision guarantees each individual the freedom to assemble peacefully

without arms. However, reasonable restrictions may be imposed considering
the interests of the sovereignty and integrity of the country and to maintain
public order.

Article 19(1)(c) – Freedom to form associations or unions or cooperative

societies

This provision allows the citizens of India to form associations, unions or

cooperative societies but with certain exceptions considering the integrity and
security of the country and the maintenance of the public order.

Article 19(1)(d) – Freedom to move freely

This provision states that the citizens of India can move freely throughout the
territory of India. However, this freedom may be restricted on the grounds of
security, public order or for safeguarding the interests of the Scheduled Tribes.

Article 19(1)(e) – Freedom of residence

This provision states that all the citizens of India have the right to reside in
any part of the country. However, this freedom may be restricted on the
grounds of security, public order or for safeguarding the interests of the
Scheduled Tribes.

Article 19(1)(g) – Freedom of profession

This provision states that all citizens have the right to carry on any trade or
profession or occupation, provided that such trade or profession or occupation
is not illegal or immoral. Also, the law does not prohibit the State from making
laws related to technical or professional qualifications that are required for
practising the occupation or trade.

Article 20 – Protection of citizens in case of conviction for offences

This provision deals with the protection of citizens in respect of conviction for
offences. It mentions three kinds of protections to the individual against the
State, they are retrospective criminal legislation, double jeopardy and
prohibition against self-incrimination.

Article 21 – Right to Life

This provision states that no individual must be deprived of his life and personal
liberty by the State except as per the procedure laid down by law. Right to life
does not mean merely living, it states that an individual must lead a dignified
life. The said article has a very wide scope and its interpretation has been
moulded continuously over the decades.

Article 21A – Free education for children of 6-14 years of age

This provision was inserted in the Constitution by the 86th Constitutional

Amendment Act in 2002. It mentions that the State must provide free and
compulsory education to all children between the ages of 6 and 14.

Article 22 – Protection against arrest and detention in certain cases

This provision is extended to both citizens and non-citizens. It provides certain

procedural safeguards to people in case of an arrest. It is pertinent to note
that this provision is not a fundamental right against detention and arrest. This
right aims to prevent arbitrary arrests and detention. This provision does not
include the people arrested under preventive detention laws and enemy aliens.
This article further provides the following –

Article 22(1)

This provision states that any individual who is in custody has to be informed
as to why they have been arrested. Also, they must not be denied the right to
consult a lawyer.
Article 22(2)

This provision states that the arrested individual should be produced before a
judicial magistrate within 24 hours of their arrest. This provision further states
that no individual who has been arrested can be held in custody for more than
the period fixed by the judicial magistrate.

Right against exploitation

Article 23 – Prohibition of traffic in human beings and forced labour

This provision is further divided into the following –

Article 23(1) – Human trafficking and ‘begar’ and other such forms of forced
labour are prohibited by virtue of this provision and any kind of violation of
this provision shall be a punishable offence under the law.

Article 23(2) – Nothing in this article shall prevent the state from imposing
compulsory service for public purposes, and in imposing such service the state
shall not make any discrimination based on the grounds of religion, race, caste
or class or any of them.

Article 24 – Prohibition of employment of children in factories, etc.

This provision states that no child below the age of fourteen years must be
employed to work in any factory or mine or engaged in any other such
hazardous employment.

Right to Freedom of Religion

Article 25 – Freedom of conscience and free profession, practise, and

propagation of religion

This provision guarantees the freedom of conscience, the freedom to profess,

practise, and propagate one’s religion to all citizens.

Article 26 – Freedom to manage religious affairs

This provision states that subject to morality, health, and public order, every
religious denomination has the following rights –

 The right to form and maintain institutions for religious and charitable
intents.
  The right to manage its own affairs in the matter of religion.
 The right to acquire immovable and movable property.
 The right to administer such property according to the law.

Article 27 – Freedom as to payment of taxes for promotion of any particular

religion

As per this provision, no taxes shall be imposed on such proceeds which are
directly used for the promotion and/or maintenance of any particular
religion/religious denomination.

Article 28 – Freedom as to attendance at religious instruction or religious

worship in certain educational institutions

This provision enables the establishment of educational institutions that are

maintained by religious groups to disseminate religious instruction.

Cultural and Educational Rights

Article 29 – Protection of Interests of Minorities

This provision of the Constitution aims to protect the interests of minority

groups.

Article 29(1)

This provision states that any section of the citizens residing in India having a
distinct culture, language, or script, have the right to conserve their culture,
language and script.

Article 29(2)

This provision mentions that the state must not deny admission into
educational institutes maintained by it or those that receive aid from it to any
person based on the grounds of race, religion, caste, language, or any of them.

Article 30 – Right of Minorities to Establish and Administer Educational

Institutions

This right is provided to minorities to form and govern their own educational
institutions. This is why the said provision is also known as the ‘Charter of
Education Rights’.
Article 30(1)

This provision states that all religious and linguistic minorities have the right
to establish and administer educational institutions of their choice.

Article 30(2)

This provision provides that the state, when granting aid to educational
institutions, shall not discriminate against any educational institution based on
the reason that it is under the management of a minority, whether based on
religion or language.

Article 32 – Right to Constitutional Remedies

The Constitution guarantees certain remedies if the fundamental rights of the
citizens are violated. The State does not have the power or authority to infringe
upon or curb the right of any individual. In case these rights are violated, the
aggrieved individual can approach the courts. They can even directly approach
the Supreme Court of India which can issue writs for the enforcement of
fundamental rights. There are five kinds of writs that can be issued by the
court, they are –

Habeas Corpus

The term ‘Habeas Corpus’ means “to have the body of”. As per this writ, the
court has the authority to call upon any person who is being detained to assess
the legality of their detention.

Certiorari

The term ‘Certiorari’ means “to be certified”. By the virtue of this writ, a higher
court reviews a case that has been tried in a lower court. It is basically
employed to seek judicial review of a decision given by a court or a government
authority.

Prohibition

The writ of ‘Prohibition’ is issued by a court to restrict or prohibit the lower

courts, tribunals and other such quasi-judicial authorities from acting beyond
their legal authority. It is employed to check inactivity whereas the writ of
Mandamus checks activity.
Mandamus

The term ‘Mandamus’ means “We command”. This writ is employed by the
court to direct a public official who has failed or refused to do his duty, to
resume his work. The writ of Mandamus is also issued against a public body,
an inferior court, a corporation, a tribunal, or a government.

Quo Warranto

The term ‘Quo Warranto’ means “By what authority or warrant”. The Supreme
Court or high courts employ this writ to avoid illegal usurpation of a public
office by an individual. The writ of Quo Warranto authorises the court to
examine the legality of a person’s claim to a public office.

IMPORTANT CASE LAWS

Golak Nath v. State of Punjab (1967)

In this case, Golak Nath and his family claimed an excess of 500 sections of
land in Punjab. Meanwhile, the state government made an enactment
namely, Punjab Securities and Land Tenures Act, 1950 by virtue of which Golak
Nath and his family were only allowed to keep an excess of 30 sections of land
and not more than that. As a result, Golak Nath filed a writ petition under
Article 32 of the Indian Constitution questioning the legitimacy of the
enactment and further stating that his fundamental right to property was being
violated. The question before the Supreme Court was whether the Parliament
had the ability to revise the Fundamental Rights mentioned under Part III of
the Constitution of India or not. The Court ruled that Parliament does not have
the power to curtail any of the Fundamental Rights in the Constitution.

Kesavananda Bharati v. State of Kerala (1973)

In this case, the aforementioned Golaknath case was reviewed. It was held by
the Court that the “basic structure” of the Constitution cannot be amended.
The Supreme Court through its 7:6 judgement had ruled that the Parliament
has no powers or the authority to alter the basic structure of the constitution.