OBJECTIVE The objective of this webinar is to provide insight into the Constitutional Provisions relating to the Fundamental Rights. This webinar is the third from the Webinar series on Constitution. The scope of this webinar is confined to discussing the definition of State and "Law". Furthermore, the provisions relating to Right to Equality and its corollary rights have been elaborately discussed with illustrations and precedents to gain a holistic understanding of each of the provisions.

1. Fundamental Rights - Part-I
CA Divakar Vijayasarathy

2. Research Credits
Deepika S
CA Jugal Gala
2

3. Legends Used in the Presentation
Art. Article
Hon’ble Honourable
AIR All India Reporter

4. 4
Presentation Schema
Overview of
Provisions
Important
Definitions
Fundamental Rights
Fundamental Rights
vs. Human Right
Right to Equality
Prohibition of
Discrimination
Equality in Matters
of Public
Employment
Abolition of
Untouchability
Abolition of Titles

5. Overview of Provisions
5
Constitutional Provisions Articles
Definition of State 12
Laws Inconsistent with or in Derogation of the Fundamental Rights 13
Right to Equality 14
Prohibition of Discrimination on Grounds of Religion, Race, Caste,
Sex or Place of birth
15
Equality of Opportunity in Matters of Public Employment 16
Abolition of Untouchability 17
Abolition of Titles 18

6. Important
Definitions

7. Definition of ‘State’
Under Article 12 the “State" includes :
The last category “other authorities” has been held to include all authorities created,
by the Constitution or statutes on whom powers are conferred by law.
For example, The Life Insurance Corporation, The Oil and Natural Gas
Commission and the Finance Commission have similarly been held to be “State"
under Article 12.
The Definition of State is helpful in determining against whom the Fundamental 7
The Government and Parliament of
India
The Government and the
Legislatures of each of the States
All local authorities like
Municipalities, District Boards,
Panchayats, Improvement trust etc.
The other authorities within the
territory of India or under the
control of Government of India.

8. Definition of ‘Law’
▪ Article 13 (1) of the Constitution declares that all laws in force in the India immediately
before the commencement of the Constitution, which are inconsistent with the provisions
of Fundamental Rights, shall be void to the extent of such inconsistency.
▪ Article 13(2) fettered the right of the State in making laws.
▪ The State should not make any law which takes away or abridges the rights conferred by
Part III and if such law is made then to the extent of conflict, it would be void.
▪ The term ‘law’ as specified in Article 13(3), includes any Ordinance, order, bye law, rule,
regulation, notification, custom or usages having in the territory of India the force of law.
▪ The Definition of law helps in determining what can be struck down as unconstitutional if
it violates the Fundamental Rights.
8

9. Fundamental
Rights

10. Fundamental Rights is a charter of rights contained in Part III of the Constitution
Included in the Indian Constitution after drawing inspiration from historical examples
such as England's Bill of Rights (1689), the United States Bill of Rights (1791) and
France's Declaration of the Rights of Man (1789).
Were included because they were considered essential for the development of the
personality of every individual and to preserve human dignity.
These Fundamental Rights guarantee civil freedom to all the citizens of India to allow
them to live in peace and harmony.
10
Meaning of Fundamental Rights

11. Significance of Fundamental Rights
It is a fallacy to regard fundamental rights as a gift from the State to its citizens.
The Constitution does not “confer” fundamental rights , it only “confirms” their
existence and gives them protection.
Fundamental Rights are justiciable – i.e. if these rights are violated by the
government or anyone else, the individual has the right to approach the Court of Law
Fundamental rights are not absolute rights. They are at times subject to reasonable
restrictions.
11

12. 12
Basis for
Comparison
Fundamental Rights Human Rights
Meaning Primary rights of the citizens and at times, non-
citizens which are justiciable and written in the
Constitution
Basic rights that all the human
beings can enjoy just by virtue of
being humans
Includes Basic Rights, not Absolute Basic and Absolute Rights
Scope It is country specific It is universal
Basic Principle Right of freedom Right of life with dignity
Guarantee Constitutionally guaranteed Internationally guaranteed under
international instruments like
Universal Declaration on Human
Rights, 1945
Enforcement Enforceable by the court of law Enforceable by United Nation
Organization
Origin Originated from the views of democratic society Originated from the ideas of
civilized nations
Difference between Fundamental Rights
and Human Rights

13. Right to Equality
– Art. 14

14. 14
Equality before Law – Art. 14
Article 14 of the Constitution reads as follows –
“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 14 refers to "Equality before law" which is an expression of “ English Common Law" and
“Equal Protection of Laws” which owe its origin to the 14th Amendment of the Constitution of
United States of America.
Article 14 applies to the citizens as well as non-citizens found in India

15. ▪ According to Article 14, it is an obligation to the State to not deny to any person equality
before the law or equal protection of laws within the territory of India.
▪ “Equality before law” is a negative concept and "Equal protection of law” is a positive one.
▪ The former declares that every one is equal before law, that no one can claim special
privilege and that all classes are equally subjected to the ordinary law of land.
▪ The latter postulates an equal protection under like situation and under like
circumstances. Equal protection clause aims at striking down hostile discrimination or
oppression of inequality.
▪ Therefore, the discrimination can be made either in the privilege conferred or in the
liabilities imposed.
15
Meaning of Equality Before Law and the
Equal Protection of Laws

16. Understanding
▪ Equality before the law or equal protection of the laws does not mean a similar treatment
to everybody.
▪ As no two individuals are equal in all regards, a similar treatment to them in each regard
would bring about unequal treatment.
▪ For instance, a similar treatment to a youngster as a grown-up, or to a debilitated or
physically impaired individual as to a person free of any health problems, or to an affluent
individual as to poor, will bring about unequal treatment or treatment which no one will
legitimize or endorse.
16

17. Judicial Precedents
▪ The Hon’ble Supreme Court in Dalmia Vs. Tendolkar, AIR 1958 SC 538 discussed the true
meaning and scope of Article 14 and has summarised the following propositions to see
whether any law violates Article 14 or not.
▪ Though it forbids classification, that permissible classifications shall satisfy the following two
conditions.
1. It must be founded on an intelligible differentia which distinguishes persons or things
which are grouped together from others left out of the group; and
2. The differentia must have a rational relation to the object sought to be achieved by the
statute in question.
▪ The Hon’ble Supreme Court declared that Article 14 condemns discrimination not only by
substantive law, but also by the procedural law.
▪ Navtej Singh Johar & Ors. v. Union of India, W. P. (Crl.) No. 76 of 2016 is a landmark decision
of the Hon’ble Supreme Court of India in 2018 that decriminalised all consensual sex among
adults, including homosexual sex because it violated the right to equality
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18. Prohibition of
Discrimination – Art. 15

19. Prohibition of Discrimination – Art. 15
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Article 15 of the Constitution reads as follows –
“(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste,
sex, place of birth or any of them.
(2) 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 palaces 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
(3) Nothing in this article shall prevent the State from making any special provision for women
and children
(4) Nothing in this article or in clause ( 2 ) of Article 29 shall prevent the State from making any
special provision for the advancement of any socially and educationally backward classes of
citizens or for the Scheduled Castes and the Scheduled Tribes”.
It is only a citizen who is entitled to the benefit of Article 15 whereas Article 14 on the other
hand is available to all persons.
No citizen shall be denied access to shops, restaurants and places of public entertainment or
the use of wells, tanks, bathing ghats, roads etc. maintained wholly or partly out of State funds.

20. ▪ Under this Article, the State is empowered to make special provisions for women, children
and for the uplift of Scheduled Castes, Scheduled Tribes and other backward classes (OBC’s).
▪ The State can reserve seats for these categories in educational institutions, grant fee
concessions or arrange special coaching classes.
▪ This provision for conferring extra privileges is called as Protective Discrimination.
▪ The object of protective discrimination is to integrate the socially and educationally backward
classes into the national mainstream
▪ Dalits (SCs) and Tribals are the victims of social injustice, such as practice of untouchability
and segregation from the mainstream of normal life. So, making special provisions for them
and conferring privileges is not violative of Right to Equality.
20
Protective Discrimination – Exception
to Equality

21. Illustration
21
Judicial Precedent
▪ In Indra Sawhney Vs. Union of lndia, AIR 1993 SC 477, the Hon’ble Supreme Court has held
the special provision contemplated by Article 15(4) is an emphatic reference to the
affirmative action which the State may adopt to improve the conditions of the
disadvantaged members of the backward classes of citizens and that it does not
specifically speak about reservation but has been generally understood to include that
power.
Illustration Whether it is violative of Article 15 or not?
By way of an order, a public well restricts one
caste from using the well to draw water
Yes.
Reason : Discrimination on the ground of
caste
By way of a legislation, the Government
introduces special women-only buses
No.
Reason : Article 15 enables special provisions
for women.

22. Equality for Employment
– Art. 16

23. Equality of Opportunity in Matters of
Public Employment – Art. 16
This Article is available exclusively only to citizens.
23
Article 16 of the Constitution reads as follows –
“(1) There shall be equality of opportunity for all citizens in matters relating to employment or
appointment to any office under the State
(2) 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 or, any employment or office under
the State
(3) Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a
class or classes of employment or appointment to an office under the Government of, or any local or
other authority within, a State or Union territory, any requirement as to residence within that State
or Union territory prior to such employment or appointment
(4) Nothing in this article shall prevent the State from making any provision for the reservation of
appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is
not adequately represented in the services under the State
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of
an office in connection with the affairs of any religious or denominational institution or any member
of the governing body thereof shall be a person professing a particular religion or belonging to a
particular denomination”.

24. Rights Guaranteed under Article 16
▪ Article 16(1) lays down the general rule that there shall be equal opportunity for citizens in
matters relating to ”employment” or ”appointment to any office” under the State i.e. it
gives the right of equal opportunity for the purpose of employment or appointment.
▪ Article 16(2) lays down specific grounds on the basis of which citizens are not to be
discriminated against one another in respect of any appointment or office under the State.
▪ However, Parliament can provide for conditions in relation to residence prior to
employment or appointment
▪ Article 16(4) expressly provides for the reservation of appointments or posts in favour of
any backward class of citizens
▪ However, the fact that, any law which confirms that for a particular religious proceedings,
a professional person of that same religion shall be allowed to hold the office for
managing affairs, shall not be a violation of Article 16. For e.g., A Hindu being offered a
job of a ‘pujari’ for a temple in order to manage and maintain religious proceedings in
such temple, shall not violate Article 16
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25. Judicial Precedent
▪ In the case of Krishna Chander Nayar Vs. Chairman, CTO, AIR 1962 SC 602 the Hon’ble
Apex Court held that in the matter of making application for employment under the State,
Article 16(1) guarantees equal opportunity to the citizens.
▪ In Jagadish Lai Vs. State of Haryana, AIR 1997 SC 2366 the Hon’ble Supreme Court held
that equality of opportunity is not simply a matter of legal equality, its existence depends
not merely on absence of disabilities but presence of abilities and opportunities of
excellence in each cadre and grade.
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Illustration Whether it violates Article 16 or not?
The Government issues a notification
calling for Sikh personnel only for a
government post.
Yes.

26. Abolition of Untouchability
and Titles – Art. 17 and 18

27. Abolition of Untouchability – Art. 17
▪ Untouchability is the practice of ostracising a minority group by segregating them from the
mainstream by social custom.
▪ In India, Untouchability is a practice in which some lower caste people are kept at a distance,
denied of social equality and made to suffer from some disabilities for their touch
▪ The untouchable are considered to be contaminating or polluting the higher caste people.
▪ The thrust of Article 17 is to liberate the society from blind and ritualistic adherence to
traditional beliefs which lost all legal or moral base.
27
Article 17 of the Constitution reads as follows –
“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”.

28. Objective of Article 17
▪ The objective of this Article is to establish a new ideal for society, that is, equality to the
socially disadvantaged Dalits (untouchables) on par with general public, absence of
disabilities, restriction and prohibition on the grounds of caste and religion, availability
of opportunities and the sense of being a participant in the mainstream of the national
life.
▪ While interpreting Article 17, the Hon’ble Supreme Court in State of Karnataka Vs. Appa
Balu Ingale, Cr.(A) 164 of 1983, has held that the Constitution has removed the disabilities
to which "Dalit members of Scheduled Caste’ were subjected and subjecting them again to
such disabilities would be crime against the Constitution as well as violation of the
Protection of Civil Rights Act.
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Illustration Whether it violates Article 17 or not?
A public servant denies admission to a
child on the ground that he is from a
lower caste/a Dalit. He further instructs all
school personnel to segregate the
students on the basis of castes in the
classrooms.
Yes, it is clearly violative of Article 17 as
the public servant is engaging in
untouchability.

29. Abolition of Titles – Art. 18
▪ Article 18 prevents the State from confirming any title except military and academic
distinction.
▪ Article 18 prohibits the Indian citizens from receiving titles from any foreign State.
▪ The foreign nationals holding the office under the State may accept titles from the foreign
government with the consent of Hon’ble President.
▪ Further, no person holding office in India shall receive emoluments or title from foreign
state without consent of the Hon’ble President
▪ Titles such as Rai Bahadur, Sawai, Rai Sahab, Zamindar, taluqdar etc were prevalent in
medieval and British India. All these titles were abolished by Article 18 of the Constitution.
29
Article 18 of the Constitution reads as follows –
“(1) No title, not being a military or academic distinction shall be conferred by the state.
(2) No citizen of India shall accept any title from any foreign state.
(3) No person who is not a citizen of India shall, while he holds any office of profit or trust under the state,
accept without the consent of the President any title from any foreign state.
(4) No person holding an office of profit or trust under the state shall, without the consent of the President
accept any present, emolument or office of any kind from or under any foreign state”.

30. Thank You!
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