2. Fundamental
Rights
Right to Equality
Right to Freedom
Cultural and Educational Rights Right to Freedom of Religion
Right to Constitutional
Remedies
Right against
Exploitation
• Fundamental Rights
are traditional civil
and political rights
given in the
Universal
Declaration of
Human Rights
21
Fundamental Rights
3. • Fundamental Rights are enshrined from Aricle 12 to 35 in the Third Chapter(Part III)
of the Indian Constitution.
• Derived from USA – Magna Carta(1215- king john) of India
• Rights are the basic facilities which we need for our growth. These are the claims of
individual recognised by the society and enforced by the State.
• The existence of Democracy can’t be imagined without Fundamental Rights in India
because Rights are the pillars of Democracy.
( A government of laws non of men)
4. Fundamental Rights (12 – 35)
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 Property ( Article 31) – Deleted by 44th amendment
Act 1978
Right to Constitutional Remedies (Article 32)
5. Features of Fundamental Rights
Some Rights available only to the citizen( Article 15,16,19,29,30)
Not absolute but some reasonable restrictions
Justiciable , person move to court if rights violated
Defended and Guaranteed by Supreme court
Parliament can repeal by Constitutional Amendment Act
Can be Suspended during National Emergency Article 20 and 21
Law can be made only by the Parliament and not by state
6. Article 12
• 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( Executive and Legislative organs) and
• all local authorities – Municipalities, Panchayats, District Board, Trusts
etc. or
• other authorities – Statutory ( SEBI,CBI) and Non Statutory authorities
like LIC, ONGC NITI AAYOG etc.
7. Article 13 Laws inconsistent with fundamental right
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, shall be
void.
Supreme Court ( Article 32 )& High Court ( Aritcle 226) can declare law
invalid – Judicial Review
Laws means Permanent laws by parliament / State Legislatures and
Ordinance issued by President / State Governor
Kesavananda Bharati case ( 1973)- Constitutional Amendment can be
challenged if violates Fundamental Rights
9. Equality Before Law and Equal Protectionof laws
• Article-14-provides that the state shall not deny to any person equality
before law or the equal protection of law with in the territory of India.
• Equality Before Law – British Origin
• Absence of special Privileges in favour of any person
• Equal Subjection of all person to the ordinary law, No person is above
the law
• Equal Protection of law – American Constitution
• Equal of treatement under equal circumstances
• Same laws to all person who are similarly situated
• The like should be treated alike without any discrimination
10. Exceptions to Equality
Article 361 : President of India and governor of states enjoy following
• No answerable to any courts , No criminal and civil proceedings, No Process for arrest
Article 361- A : No person liable to any proceeding of parliament/State
legislature
Article 105: No MP shall be liable to any court for saying inside Parliament
Article 194: No MLA shall be liable to any court
Article 31-C: Directive Principle of state policy implementation
11. Prohibition of Discrimination on certain Grounds - Article-15
State shall not discriminate against any citizen on grounds only of
religion,race,caste,sex or place of birth
Not to denied public entry
‘Discrimination’- to make an adverse distinction with regard to
Only – discrimination on other grounds is not prohibited
Prohibits discrimination both by the state and private individuals
Recent Amendment – 103rd Constitution Amendment Act – 2019
Article 15(6)- Provide reservations to economically weaker section ( EWS) for
admission to educational institutions including private educational institutions
whether aided or unaided by state, other then the minority educational
institutions
12. Exception to Article 15
State Permitted to make any special provision for
Women and children ( Article 15(3))
Advancement of any socially and educationlly backward classes/ SC &
ST
Admission to educational institutions including private except minority
institutes
Right of children to free and compulsory education act 2005 (RTE ACT)
Centre enacted Central Educational Institutions Act 2006
Provided quota of 27% - OBC in IIT’s IIM’s
Excluded creamy layer among OBC’s
13. Equality of Opportunity in Public Employment Article-16
Equality of opportunity for all citizens in matter of employment or appointment to any
office under the state
Religion, race, sex, decent, place of birth or residence
Exceptions to Article16
Parliament can prescribe residence as condition for certain emplyment. Public
Employment (Requirement as to Residence) Act 1957 expired in 1974.Except Andra and
Telangana
State can provide in favour of any backward class, not adequately represented in state
services
Recent Amendment – 103rd Constitution Amendment Act – 2019
Article 16(6) – Reservation to people from Economically weaker section (EWS) in
government posts. Based on family income and other economic disadvantage
14. Mandal Commission
1979,Morarji Desai Govt.Apointed 2nd BC commission - B.P.Mandal
Article 340, investigate conditions of socially and educationally backward
classes
Submitted report in 1980.Indentified 3753 castes (52% population socially
and economically backworded)
Commission recommended 27% govt jobs for OBCs
1990, V.P.Singh Govt. declared reservation of 27% for 0BCs
1991 , Narasimha Rao Govt – two changes
Preference to poorer sections among OBCs
Reservation of another 10% jobs for poorer section of higher castes
15. Mandal case (1992)
Supreme Court Rejected additional reservation of 10% for
poorer sections of higher castes
27% reservation for OBC with following conditions
Creamy layer excluded
No Reservation for promotions, Existing reservation upto 1997
Total Reservation quota should not exceed 50%
Carry forward rules incase unfilled
16. Action taken by Government
Ram Nandan Committee – identify creamy layer among OBCs
Submitted report 1993
National Commission for Backward classes established in 1993
Considers inclusions and exclusions from the castes list
77TH Amendment Act 1995 – Reservation for promotions for SCs and STs
85th Amendment Act 2001 – Consequential Seniority( SC and ST)
81st Amendment Act 2000- unfiled reserved vacancies filled in succeeding
years
76th Amendment Act 1994 – Tamil Nadu Reservation Act – 9th Schedule –
69% reservation in public employment
17. Abolition of Untouchability Article-17
Untouchablitiy Is abolised in india and its practice in any form
is forbidden
Untouchability( Offences) Act 1955
( Protection of Civil Rights Act 1976 – PCR Act)
SC & ST Prevention of attrocites act 1989
Term ‘Untouchability’- not been defined in the Constitution or
in the Act
Convicted of offence – Disqualification for election to MP or
MLA
18. Untouchability Offences
Preventing any person entering any place for public worship
Justifying untouchability
Denying access to any shops,hotels
Insulting a person belonging to SC
Refusing to admit person in hospitals, educational Institutions
Preaching untouchability
Refusing to sell goods for particular persons
19. Abolition of Titles Article-18
Four Provisions
Prohibits state to confer any title( Except military and academic)
Prohibits accepting title from any foreign state
Foreigner holding office under state cannot accept ant title without
president consent
Maharaja, Raj Bahadur, Dewan Bahadur banned
1996 Supreme Court said National Awards do not amount to
‘title’ ( comes under academic distinction)
21. Right to Freedom
Article 19 : Protection of Six Rights
Article 20 : Protection in Respect of Conviction for Offences
Article 21 : Protection of Life and Personal liberty
Article 21-A : Right to Education
Article 22 : Protection Against Arrest and Detention
22. Article 19 : Protection of Six Rights
Guarntees 6 Rights
Freedom of speech and expression Article-19
Freedom of Press – (Article-361) A has been inserted according to which the press has been given
the power to publish an account of the proceedings of the Indian Parliament and states legislatures.
Right to information is linked to the freedom of speech and expression granted in
Article 19 in the constitution.
Freedom to assemble peacefully without Arms.
Freedom to form associations and unions and co-operative societies .
Freedom to move freely throughout the territory of India.
Freedom to reside and settle in any part of the territory of India.
Freedom to practise any profession or to carry on any occupation, trade or
business.
23. Article-20 : Protection in respect of conviction of an offences
Protection against arbitrary and excessive punishment to an
accused person
Three Provisions
Not ex-post-facto law
No Double jeopardy
No self incrimination
24. Protection of life and personal liberty : Article-21
No Person shall be deprived of his life and personal Liberty
Except according to procedure established by law
Gopalan case (1950)
Protection against arbitrary executive action and not from arbitrary
legislative action
Menaka Gandhi Case (1978)
Protection against both arbitrary executive and legislative action
Personal liberty can be deprived if the Law reasonable action
Supreme Court reaffirmed 34 rights under Article 21
25. Rights Under Article-21
•Right to Live With human Dignity
•Right Against Sexual Harassment at Work place
•Right Against Rape
•Right to Reputation
•Right to Livelihood
•HIV is not a sound ground for termination
•Right to Shelter
•Right to social security and Protection of family
•Right Against honour killing
•Right to health
•Right to medical care
•No right to die (Euthansia)
•Sentence of death – Rarest of Rare case
•Right to get pollution free Water and air
•Right to clean Environment
•Right to know and Right to be informed
•Right to Privacy
•Right to go abroad
•Right against illegal detention
•Right to legal aid
•Right to Appeal
•Right to speedy trail
•Right to fair trail & Bill
•Right Against Handcuffing
•Right Against Solitary Confinement
•Right Against Custodial Violence
•Right to die in passive form
26. Right to education : Article-21 A
State shall provide free and Compulsory education to all children ( age 6 to
14)
86th Constitutional Amendment Act of 2002 – ( Educational to all)
Before this Amendment, it was under Article 45 in Part IV
1993, Supreme Court recognised a Fundamental Right in right to life (
Article 21)
Right to Children Free and Compulsory Education ( RTE) Act 2009
rte.tnschools.gov.in
27. Article 22 : Protection Against Arrest and Detention
Protection to persons who are arrested or detained
Two types
Punitive – Punish a person for an offence committed by him
Right to be informed of the grounds of arrest; consult with legal practitioner
Produced before Magistrate within 24 hours; Released after 24 hours unless magistrate
authorises
Preventive – Detention of a person without conviction by a court
Cannot exceed 3 months unless having a sufficient cause – approval by high court
Should afford opportunity to make representation against the detention order
44th Amendment Act of 1978- Reduced period of detention
from 3 to 2 months
28. Preventive Detention laws
Preventive Detention Act 1950, Expired 1969
Maintenance of Internal Security Act ( MISA) 1971 – Repealed in 1978
Conservation of Foreign Exchange and Prevention of Smuggling Activities
Act 1974 ( COFEPOSA )
National Security Act (NSA) 1980
Prevention of Block-marketing and Maintenance of Supplies of Essential
Commodities Act ( PBMSECA) 1980
Terrorist and Disruptive Activities ( Prevention) Act ( TATA) 1985,
Repealed in 1995
Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substance
Act 1988
Prevention of Terrorism Act(POTA) 2002 – Repealed in 2004
30. Right Against Exploitastion
Article -23
Prohibition of Traffic in Human Being and Forced Labour
Article -24
Prohibition of Employment of Children in Factories, etc
31. Article 23 :Prohibition of traffic in human beings and forced
labour
Prohibits traffic in human being
Selling and buying of men, women and children like goods
Prostitution , Devadasis and Slavery
Immoral Traffic ( Prevention ) ACT 1956
Prohibits Begar
Compulsory work without remuneration
Bonded labour
Bonded Labour System(Abolition) Act 1970
Minimum wages Act 1948
The Contract Labour Act 1970
Equal Remuneration act 1976
32. Exceptions to Article 23
Permits the state to impose compulsory service for public
purpose ( Military and social service)
It is not bound to pay
State is not permitted to make any discrimination on grounds
only of relgion, race, caste or class
33. Article 24 : Prohibition of Employment of Children in Factories,
etc
Prohibits employment of children below the age of 14 years
1996, Supreme court – Child Labour Rehabilitation Welfare
Fund
Fine of 20000
Commissions for Protection of Child Rights Act 2005
Children’s courts for speedy trail of offences
2006, Govt. banned employment of children as domestic
servants
34. Acts Related to Article 24
Child labour ( Prohibition and Regulation ) Act 1986
Employment of children Act 1938
Factories Act 1948
Mines Act 1952
Merchant shipping Act 1958
Planatation Labour Act 1951
Motor Transport Workers Act 1951
Apprentices Act 1961
Bidi and ciger Workers Act 1966
35. Child Labour Amendment (2016)
Amended child labour act 1986
Renamed Principal Act as Child and Adolescent Labour act 1986
Prohibits employment of children below 14 years in all occupations &
processes
Prohibits employment of Adolescents ( 14 – 18) in hazardous occupation
Punishments
Imprisonment of 6 months to 2 years or fine of 20,000 to 50,000 or both
Repeated offences – imprisonment is of 1 year to 3 years
37. Right to Freedom of Religion,
Article 25 to 28
Article-25 : Freedom of Conscienceand free profession, pratice and
propagate any religion
Artcle-26 : Freedom to manage religious affairs
Article-27 : Freedom not to pay taxes for the promotion of any
particular religion
Article – 28 : Freedom from Attending Religious Instruction
38. Article-25 : Freedom of Conscience and free profession, pratice
and propagate any religion
Freedom of Conscience
Inner freedom to mould his relation in whatever way he desires
Freedom to profess
Declaration of one’s religious beliefs and faith openly and freely
Freedom to practice
Performance of religious worship, rituals, ceremonies and exhibition of
belief & ideas
Freedom to propagate
Transmission and dissemination of one’s religious to others. Not forcible
conversion
39. Exception to Article 25
Regulate or restrict any economic,financial,political or secular
activity
Provide for social welfare
Two explanations
Wearing and carrying of kirpans is to be included in the profession of Sikh religion
Hindus, in this context, include Sikhs, Jains and Buddhists
40. Artcle-26 : Freedom to manage religious affairs
Every Religious denominations have following rights
Establish and maintain institutions for religious and charitable purpose
Manage its own affairs
Own and acquire movable and immovable property
Administer such property
Three Conditions - Supreme court
Be a collection of individuals who have a system of belief
Have Common Organisation
Designated by a distinctive name
41. Article-27 : Freedom from taxation for promotion of religion
No person shall be compelled to pay any taxes for promotion or
maintenance of any particular religious denominations
Article-28 : Freedom from Attending Religious Instruction
Four types of educational institutions
Wholly maintained by state – religious instructions prohibited
Administered by state but established under trust – permits religious
instructions
Recognised by the state & receiving aid from the state
Religious instructions is permitted on voluntary basic
43. Cultural and educational rights
Article 29 - Protection against interest of minorities
Article 30 - Right to minorities to establish educational
institutions
44. Article 29: Protection of Interest of Minorities
Any section of the citizen having distinct language, script or
culture shall have right to conserve the same
Protects both linguistic and religious minorities
No citizen shall be denied admission into educational
institution maintained by state or receiving aid from state on
grounds of religion, race, caste, language
45. Article 30 : Right of Minorities to Establish and administer
Educational institutions
Grants rights to religious or linguistic minorities
Establish and administer educational institutions
Compensation amount fixed if acquisition of any property by state
In granting aid, shall not discriminate institutions managed by minority
Three types of minority Institutions
Seek recognition as well as aid from the state
Seek only recognition from the state and not aid
Neither seek recognition nor aid from the state
46. Present Position of Right to Property
Right to Property ( Article 31) – Deleted by 44th amendment Act 1978
Inserted new Article 300-A in Part XII under ‘Right to Property’ heading
State can acquire the property based on two condition
Public purpose
Payment of compensation
Implications:
Can be regulated at any time
Protects private property against executive action but not legislative action
Cannot move directly to supreme court under Article 32. move to High court under ( Article
226)
No guaranteed right to compensation incase of acquisition of private property by the state
48. Article-32 : Right to remedies for the enforcement of the
fundamental rights of an aggrived citizen
Right to get Fundamental rights itself a fundamental rights
Dr. Ambedkar called article 32
‘an article without which this constitution would be nullity. Very soul and heart of the
constitution
Four Provisions
Right to move supreme court for fundamental rights is guaranteed
Power to issue writs
Parliament can empower any other court to issue directions, order and writs
Right to move the supreme court shall not be suspended except during the national
emergency
49. Writs
Supreme court ( article 32) & High court ( under article 226) issues writs
Before 1950,High court of Calcutta, Bombay & Madras had power to issue
writs
Borrowed from English law ( Prerogative writs) – ‘Fountain of justice’
Three respects Supreme court differ from high court
S No Supreme Court High Court
1. Can issue writs only for the
enforcement of fundamental
rights
Can issue writs for the enforcement of
fundamental rights. Also for ordinary legal
rights
2. Issue writs throughout the
territory of India
Issue writs within its territory of India
3. May not refuse to exercise its writ
jurisdiction
May refuse to exercise its writ jurisdiction
50. TYPES OF WRITS
WRIT NAME MEANING PURPOSE OF THE WRIT
Habeas Corpus You may have the
body
To release a person who has been detained
unlawfully whether in prison or in custody
Mandamus We Command To secure the performance of public duties by
public body,lower court, tribunal or public
authority
Certiorari To be certified
To be informed
To quash the order already passed by an
inferior court, tribunal or quasi judicial
authority
Prohibition The act of
stopping
something
To prohibit an inferior court from continuing
the proceedings in a particular case where it
has no jurisdiction to try
Quo Warranto What is your
Authority
To restrain a person from holding a public
office to which he is not entitled
51. Rights outside Part III
Constitutional or legal or Non Fundamental Rights – cannot avail
Constitutional remedy. Can move to high court under article 226
Part XII – Article 265 – No tax levied / collected except by authority of law
Part XII – Article 300-A – No person shall be deprived of his property save
by authority of law
Part XIII – Article 301 – Trade , commerce throughout the territory of India
shall be free
Part XV – Article 326 – Election to Lok sabha and State Legislative
Assembly on the basis of adult Suffrage.
52. Definition of Fundamental Duties
• FDs prescribe the fundamental,
moral, and obligatory duties of
citizens to nation.
• Focus on key values of respect,
pride, tolerance, peace, growth and
harmony
• Enshrined in part IV-A
Need for Fundamental Duties
• Rights and duties are
complimentary to each other.
• Wherever there are rights, there are
duties.
• One can’t think of rights without
duties.
Fundamental Duties
53. Fundamental duties
1. To abide by the constitution and to respect ideals of
constitution and institutions, the National Flag and the
National Anthem.
2. 2. To cherish and follow the noble ideals which inspired
our national struggle for freedom.
3. 3. To uphold and protect the sovereignty, unity and
integrity of India.
4. 4. To defend the country and render national service when
called upon to do so.
5. To promote harmony and the spirit of common
brotherhood amongst all the people of India linguistic and
regional or sectional diversities; to renounce practices
derogatory to the dignity of women
54. 6. To value and preserve the rich heritage of our composite
culture
7. To protect and improve the natural environment including
forests, lakes, rivers and wild life, and to have compassion for
living creatures
8. To develop the scientific temper, humanism and the spirit of
inquiry and reform.
9. To safeguard public property and to abjure violence
10. To strive towards excellence in all spheres of individual and
collective activity so that the nation constantly rises to higher
levels of Endeavour and achievement.
11. To provide opportunities of education to the children by their
parents or guardians for between the age of six and fourteen
years
56. INTRODUCTION
• The Directive Principles of State Policy, embodied in Part IV of the
constitution, are directions given to the central and state governments
to guide the establishment of a just society in the country.
• According to the constitution, the government should keep them in
mind while framing laws, even though they are non- justiciable in
nature.
• Directive Principles are classified under the following categories:
Gandhian, social, economic, political, administrative, legal,
environmental, protection of monuments, peace and security.
57. Article 36 to 51 of the Constition of India embodies the Directive Principles
of State policy and this is borrowed form the Constitution of Ireland. The
objective is to establish a social and economic democracy in India
Article 37 reveals that :
1. The Directive Principles are not justiciable
2. They are Fundamental in the governance of the country
3. It shall be the duty of the State to apply these Directive Principles while
formulating policies or making laws for the governance of the State
59. SOCIALIST PRINCIPLES
Article 38- To Promote welfare of the people,To protect Social
Order, To eliminate in euqlity ( Five Year Plans)
Article 39
to secure adequate means of livelihood for all its citizens.
No consentration of wealth
Equal pay for equal work
Children not to be abused
Protection of childhood against exploitation
60. Article 39(A) Added by 42nd Amendment act
Legal services authority act 1987
Free legal aid and Equal Justice
Article 41 of the Indian Constitution of the State will work
within the limits of its economic viability and progress, provide
to the citizens the right to work, the right to education and
general assistance in the event of unemployment, old age,
disease and other disabilities.
61. Article 42 of the Indian Constitution the state will make
provisions for the creation of just and humane conditions of
work. It will also ensure maternity relief.
Article 43 of the Indian Constitution the state will ensure
adequate wages, good life and rest to the labourers. The state
will also endeavour to make available to the labourers various
socio-cultural facilities.
Article 43-A Participation of workers in management
62. LIBERAL PRINCIPLES
• Artcle 44 of the Indian Constitution? The State shall endeavour
to formulate and implement a Uniform civil-code for all the
people living through out the territory of India.
• Artcle 45 of the Indian Constitution the State shall endeavour
to provide early childhood care and education for all the
children untill they complete the age of six year
• Artcle 47 of the Indian Constitution the State shall strive to
raise the level of nutrition and the standard of living. Thus, it
will endeavour to improve upon the health of the people.
63. Article- 48-A
• Protection of environment
• Forest and Wild life(Forest act)
Article 49 – protection of monuments and places and objects
of national importance .
Article 50 of the Indian Constitution the state will try to
separate the judiciary from the executive in the case of public
service.
Article 51- Promote international peace and security
64. GANDHIAN PRINCIPLES
• Article 40, State will strive to organise Panchayats in villages and will
endow them with such powers which enabel them to act as units of self
government.
• Article 43, the state shall strive to develop the cottage industry in the rural
areas both, on individual or co-operative basis.
• Article 46 - to educational and economical interest to S.C & S.T and
weaker sections
• Article 47,the state will strive to ban the consumption of wine, other
intoxicating drinks and all such commodities which are considered injurious
to health.
• Article 48 reveals that State will ban slaughtering of cows, calves and other
milch cattle. Organizaton of agricuture and animal husbandry – In scientific
manner.
