The Constitution of India · Part III · Articles 12–35
Fundamental Rights.
“These rights are not just legal provisions. They are the conscience of a civilised nation — enforceable, justiciable, and inviolable.”
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Categories
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Articles
Definition & Scope
Article 12 defines "State" to include the Government of India, Parliament, State Governments and Legislatures, and all local or other authorities within or under the control of the Government of India. Article 13 renders all pre-constitution laws inconsistent with fundamental rights void, and prohibits the State from making laws that abridge these rights.
Landmark Case
Maneka Gandhi v Union of India (1978) — expanded Art. 21 to include procedure that is just, fair and reasonable.
Equality before law
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Landmark Case
E.P. Royappa v State of Tamil Nadu (1974) — equality is antithetic to arbitrariness.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to— (a) access to shops, public restaurants, hotels and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
Landmark Case
Indra Sawhney v Union of India (1992) — confirmed 50% cap on reservations.
Equality of opportunity in matters of public employment
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
Landmark Case
M. Nagaraj v Union of India (2006) — tests for reservations in promotions.
Abolition of Untouchability
"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.
Landmark Case
Safai Karamchari Andolan v UOI (2014) — manual scavenging violates Art. 17.
Protection of certain rights regarding freedom of speech, etc.
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 or co-operative societies; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (g) to practise any profession, or to carry on any occupation, trade or business.
Landmark Case
Shreya Singhal v Union of India (2015) — struck down Section 66A IT Act.
Protection of life and personal liberty
No person shall be deprived of his life or personal liberty except according to procedure established by law.
Landmark Case
K.S. Puttaswamy v Union of India (2017) — right to privacy is fundamental.
Right to education
The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.
Landmark Case
86th Constitutional Amendment, 2002 — children aged 6-14 have a right to education.
Protection against arrest and detention in certain cases
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. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest.
Landmark Case
D.K. Basu v State of West Bengal (1997) — guidelines for lawful arrest.
Right to Freedom of Religion
All persons are equally entitled to freedom of conscience and the right to freely profess, practise, and propagate religion. Subject to public order, morality, and health. The State may regulate secular activities associated with religious practice. No person shall be compelled to pay taxes for promotion of any particular religion.
Landmark Case
S.R. Bommai v Union of India (1994) — secularism as a basic feature.
Cultural and Educational Rights
Any section of citizens with a distinct language, script or culture has the right to conserve it. No citizen shall be denied admission into any educational institution maintained by the State on grounds of religion, race, caste, or language. All minorities have the right to establish and administer educational institutions of their choice.
Landmark Case
T.M.A. Pai Foundation v State of Karnataka (2002) — minority institution rights.
Remedies for enforcement of rights conferred by this Part
The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
Landmark Case
Romesh Thappar v State of Madras (1950) — first landmark writ under Art. 32.
Laws inconsistent with or in derogation of the fundamental rights
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. 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.
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.
Abolition of titles
No title, not being a military or academic distinction, shall be conferred by the State. No citizen of India shall accept any title from any foreign State.
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. No person shall be prosecuted and punished for the same offence more than once. No person accused of any offence shall be compelled to be a witness against himself.
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.
Prohibition of employment of children in factories, etc.
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.
Freedom of conscience and free profession, practice and propagation of religion
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.
Freedom to manage religious affairs
Subject to public order, morality and health, every religious denomination or any section thereof shall have the right— (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property in accordance with law.
Freedom as to payment of taxes for promotion of any particular religion
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.
Freedom as to attendance at religious instruction or religious worship in certain educational institutions
No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
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. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.
Right of minorities to establish and administer educational institutions
All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
Compulsory acquisition of property
[Repealed by the Constitution (Forty-fourth Amendment) Act, 1978]
Saving of laws providing for acquisition of estates, etc.
Notwithstanding anything contained in article 13, no law providing for the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by, article 14 or article 19.
Validation of certain Acts and Regulations
Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provisions thereof shall be deemed to be void, or ever to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this Part.
Saving of laws giving effect to certain directive principles
Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19.
Constitutional validity of State laws not to be considered in proceedings under article 32
[Repealed by the Constitution (Forty-third Amendment) Act, 1977]
Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
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 so as to ensure the proper discharge of their duties and the maintenance of discipline among them.
Restriction on rights conferred by this Part while martial law is in force in any area
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 where martial law was in force.
Legislation to give effect to the provisions of this Part
Notwithstanding anything in this Constitution— (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament.