Part III of the Constitution: Fundamental Rights

Articles 12 to 35: Borrowed primarily from the U.S. Bill of Rights, but shaped to fit India’s socio-economic context.

Objectives:

• Ensure individual liberty, equality, and justice
• Protect citizens from arbitrary actions of the state
• Enforce a justiciable code of rights
• Serve as a check on legislative and executive authority

Article 12: Definition of the State

• Includes: Government, Parliament, Legislatures, and “other authorities” (includes public bodies, aided institutions).
• Landmark case: Ajay Hasia v. Khalid Mujib (1981) — bodies funded or controlled by the state are also “State” under Article 12.

Article 13: Laws Inconsistent with Fundamental Rights

• Pre-Constitution and post-Constitution laws violating FRs are void.
• Introduced the Doctrine of Severability and Doctrine of Eclipse.
• Case: Keshavananda Bharati v. State of Kerala (1973) — reinforced that FRs form part of the Basic Structure.

FUNDAMENTAL RIGHTS CATEGORIZED:

RIGHT TO EQUALITY (ARTICLES 14–18)

Article 14: Equality Before Law and Equal Protection of Laws

• Two principles:
  • Equality before law – British origin (Rule of Law)
  • Equal protection of laws – U.S. origin (positive obligation)
• Permits reasonable classification, not arbitrary discrimination.
• Case: E.P. Royappa v. State of Tamil Nadu (1974) — equality opposes arbitrariness.

Article 15: Prohibition of Discrimination

• Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
• Clauses (3), (4), (5) permit affirmative action.
• Amendment:
  • 93rd Amendment (2005): Added Clause (5) – reservations in private unaided educational institutions.
• Case: Ashoka Kumar Thakur v. Union of India (2008) — upheld OBC reservations under 93rd Amendment.

Article 16: Equality in Public Employment

• Permits reservation for backward classes (Clause 4).
• Amendment:
  • 77th (1995): Reservation in promotions (Article 16(4A)).
  • 103rd (2019): EWS quota (Articles 15(6) and 16(6)).
• Case: Indra Sawhney v. Union of India (1992) — capped reservations at 50%; held promotion reservation invalid (later amended).
• Case: Janhit Abhiyan v. Union of India (2022) — upheld 103rd Amendment.

Article 17: Abolition of Untouchability

• Declares untouchability unconstitutional.
• Case: People’s Union for Democratic Rights v. Union of India (1982) — bonded labor is also a form of untouchability.

Article 18: Abolition of Titles

• Prohibits state from conferring non-military, non-academic titles.
• Case: Balaji Raghavan v. Union of India (1996) — national awards like Padma awards constitutional if not used as titles.

RIGHT TO FREEDOM (ARTICLES 19–22)

Article 19: Protection of Six Freedoms

Available only to citizens:

• Freedom of:
  1. Speech and expression
  2. Assembly
  3. Association
  4. Movement
  5. Residence
  6. Profession

Reasonable restrictions allowed for:

• Security of the State, public order, decency, morality, etc.

Landmark Cases:

• Romesh Thappar v. State of Madras (1950) — freedom of press is part of Article 19(1)(a).
• Shreya Singhal v. Union of India (2015) — Section 66A of IT Act struck down for violating free speech.

Article 20: Protection in Convictions

• Ex-post facto law prohibited
• Double jeopardy
• No self-incrimination
• Case: Selvi v. State of Karnataka (2010) — narco-analysis without consent violates Article 20(3).

Article 21: Protection of Life and Personal Liberty

• Originally: “Procedure established by law”
• Now includes substantive due process.
• Expanded via judicial interpretation:
  • Right to privacy (K.S. Puttaswamy v. Union of India, 2017)
  • Right to die with dignity (Common Cause v. Union of India, 2018)
  • Right to shelter, health, environment, legal aid

Article 21A: Right to Education

• Inserted by 86th Amendment (2002)
• Free and compulsory education to children aged 6–14.
• Case: Society for Unaided Private Schools v. Union of India (2012) — RTE applies to private unaided schools too.

Article 22: Rights of Arrested Persons

• Safeguards:
  • Informed of grounds
  • Right to lawyer
  • Produced before magistrate within 24 hours
• Separate provision for preventive detention (up to 3 months without advisory board approval).
• Case: A.K. Gopalan v. State of Madras (1950) – limited interpretation (later overruled).
• Case: Maneka Gandhi v. Union of India (1978) – expanded scope of Article 21 & 22; emphasized due process.

RIGHT AGAINST EXPLOITATION (ARTICLES 23–24)

Article 23: Prohibition of Human Trafficking and Forced Labour

• Applicable even to private individuals.
• Case: People’s Union for Democratic Rights v. Union of India (1982) — construction workers exploited, violation of Article 23.

Article 24: Prohibition of Child Labour

• No employment of children below 14 years in hazardous industries.
• Supported by Child Labour (Prohibition and Regulation) Act, 1986.

RIGHT TO FREEDOM OF RELIGION (ARTICLES 25–28)

Article 25: Freedom of Religion

• Right to profess, practice, and propagate religion.
• Subject to public order, morality, health.
• Case: Bijoe Emmanuel v. State of Kerala (1986) — students can’t be forced to sing National Anthem.

Article 26: Freedom to Manage Religious Affairs

• Administer religious institutions subject to law and order.
• Case: S.R. Bommai v. Union of India (1994) — secularism is part of basic structure.

Article 27: No tax for religious promotion.

Article 28: No religious instruction in wholly state-funded institutions.

CULTURAL AND EDUCATIONAL RIGHTS (ARTICLES 29–30)

Article 29: Protection of language, script, culture of minorities.

Article 30: Rights of minorities to establish and administer educational institutions.

• Cannot be denied aid based on religion/language.
• Case: T.M.A. Pai Foundation v. State of Karnataka (2002) — clarified rights of minority institutions.

RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLE 32)

• Right to move the Supreme Court directly for enforcement of FRs.
• Called “Heart and Soul” of Constitution — Dr. Ambedkar.
• Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto
• Case: Bandhua Mukti Morcha v. Union of India (1984) — PIL allowed under Article 32.

IMPORTANT AMENDMENTS RELATED TO PART III

IMPORTANT DOCTRINES FROM PART III