The word 'person' includes citizens, foreigners, and legal entities like corporations or trusts.
Purpose of Fundamental Rights
- Welfare of human beings.
- All-round development of individuals (economic, psychological, etc.).
- To live a dignified life.
Source
The Bill of Rights (USA) is the source of fundamental rights in India.
1. Right to equality (Art. 14-18)
2. Right to freedom (Art. 19-22)
3. Right against exploitation (Art. 23-24)
4. Right to freedom of religion (Art. 25-28)
5. Cultural and educational rights (Art. 29-30)
6. Right to Property (Art. 31) - Removed by the 44th Amendment Act, 1978. It is now a legal right under Article 300A.
7. Right to constitutional remedies (Art. 32 for Supreme Court, Art. 226 for High Court)
- Justiciable: They are protected and guaranteed by the constitution and can be enforced through courts.
- Not Absolute: They can be restricted on various reasonable grounds, which are checked by the courts.
- Suspendable: Fundamental rights (especially under Article 19) can be suspended during a National Emergency.
- Not Permanent: These rights can be removed or amended through a constitutional amendment.
- Limited Scope: The scope is restricted by laws made under Article 31 to implement Directive Principles.
The 'State' comprises:
- Central Government (legislative & executive)
- State Government (legislative & executive)
- Local Government (Panchayats, Municipalities, etc.)
- All other authorities under the control of the government (e.g., corporations, trusts).
This article declares that all laws which violate Fundamental Rights shall be unconstitutional or void. It provides the power of Judicial Review to the High Courts (under Art. 226) and the Supreme Court (under Art. 32).
Initially, it stated that a constitutional amendment is not a 'law'. However, in the Kesavananda Bharati case (1973), the Supreme Court ruled that a constitutional amendment (under Art. 368) shall also be considered a 'law' and can be challenged if it violates the basic structure of the Constitution.
| Equality Before Law | Equal Protection of Law |
|---|---|
| British concept. | American concept. |
| No special privileges to any person. | Equal treatment under equal circumstances. |
| All persons subject to ordinary law and courts. | Special privileges & liabilities can be imposed by law. |
| It is a negative concept. | It is a positive concept. |
| Nobody is above the law. | Like should be treated as alike. |
Exemptions to Article 14
- The President and Governors are immune from criminal proceedings and arrest while in office.
- Civil proceedings against the President or Governor require a 2-month notice.
- Members of Parliament and State Legislatures are immune from proceedings for anything said or done in their respective houses.
- Foreign diplomats are also immune.
- True reporting of parliamentary proceedings is protected.
- Article 14 does not apply where Article 31C (saving of laws giving effect to certain directive principles) comes into play.
15(1): State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth.
15(2): No citizen shall be subjected to any disability or restriction regarding access to shops, hotels, public restaurants, and places of public entertainment, or the use of wells, tanks, bathing ghats, etc.
Exceptions to Article 15
- 15(3): State can make special provisions for women and children.
- 15(4): State can make special provisions for the advancement of socially and educationally backward classes (SEBC) or for Scheduled Castes (SC) and Scheduled Tribes (ST).
- 15(5): Special provisions for SEBC/SC/ST in admission to educational institutions.
- 15(6): Special provisions for any Economically Weaker Section (EWS), including up to 10% reservation. This was added by the 103rd Amendment.
16(1): Provides for equal opportunities in public employment to all citizens.
16(2): State shall not discriminate against any citizen in public employment on grounds only of religion, race, caste, sex, descent, place of birth, or residence.
Exceptions to Article 16
- 16(3): Parliament can prescribe residence as a condition for certain employments.
- 16(4): State can make provisions for the reservation of appointments in favour of any backward class that is not adequately represented.
- 16(5): Allows a religious institution to appoint persons of its own community.
- 16(6): Provides for up to 10% reservation for the Economically Weaker Section (EWS), added by the 103rd Amendment.
Article 17: Abolition of Untouchability
This article abolishes 'Untouchability' and forbids its practice in any form. Any disability arising out of untouchability is declared a punishable offence.
Article 18: Abolition of Titles
This article prohibits the state from conferring any titles. However, it allows for titles related to military and academic excellence (e.g., General, Dr., Er.).
Article 19 guarantees six fundamental rights to all citizens:
- Right to free speech and expression.
- Right to peaceful assembly without arms and ammunition.
- Right to form association (e.g., political party, trust, union).
- Right to movement in any part of the country.
- Right to residence in entire India.
- Right to profession.
Emergency Provisions
During a National Emergency (under Art. 352), Article 19 is temporarily suspended. However, these rights are restored after the emergency ends. Importantly, Articles 20 and 21 do not get suspended during an emergency.
This article provides protection for arrested people:
- No Post-Facto Law: The State shall not punish any person for an action which was not a crime at the time of its commission.
- No Double Jeopardy: No person shall be persecuted or punished for the same crime twice.
- No Self-Incrimination: No person shall be compelled to become an evidence against himself.
Article 21: Right to Life and Liberty
This right is available to both citizens and foreigners. It states that no person shall be deprived of life except by a procedure established by law. During a National Emergency, Article 21 is not suspended.
Article 21A: Right to Education
This article provides for free and compulsory education to all children in the age group of 6 to 14.
This article provides rights to arrested people and outlines two types of arrest:
- Punitive Law: For a crime that has already been committed.
- State must inform the person of the grounds for arrest.
- The arrested person has the right to consult a legal practitioner/lawyer.
- The arrested person must be produced before a court within 24 hours (excluding travel time). The court decides on detention beyond 24 hours.
- Preventive Law: For a person who has the potential to commit a crime, but has not committed one yet.
- A person can be arrested for a period of 3 months.
- After 3 months, an advisory board made up of 2-3 judges decides if the detention should be extended.
Article 23
Prohibits the practice of human trafficking and forced labour across the country.
Article 24
Prohibits the working of children (child labour) below the age of 14 in any factory with hazardous conditions.
Article 25: Provides for freedom of conscience and the right to follow, practice, propagate, and profess any religion.
Article 26: Provides the right to manage religious affairs, meaning every religious community has the right to manage its own religious affairs.
Article 27: Prevents the state from collecting any taxes for the promotion of a religion (no religious tax is allowed).
Article 28: Prohibits religious instructions in any educational institution maintained partially or fully by the government.
Article 29: Protection of Interests of Minorities
This article provides for the protection of the interests of minorities.
Article 30: Right to Manage Educational Institutions
This article provides the right to minorities to manage and administer their educational institutions.
Article 31, 31A, 31B, 31C: Saving of Certain Laws
These articles protect certain laws from being challenged in court on the grounds that they violate Fundamental Rights. For example, Article 31A protects laws made for the acquisition of states.
1. The concept of Fundamental Rights in the Indian Constitution is borrowed from which country?
2. Which fundamental right was removed from the list of fundamental rights by the 44th Amendment Act, 1978?
3. Which Article of the Constitution gives the power of judicial review to the High Courts and the Supreme Court to declare laws inconsistent with Fundamental Rights as void?
4. The concept of "Equality before law" is primarily a concept from which country?
5. Under which article are special provisions for women and children allowed as an exception to the rule of non-discrimination?
6. The 10% reservation for the Economically Weaker Section (EWS) was added by which constitutional amendment?