Fundamental Rights (Download Notes PDF)

Overview: The Constitution of India, which came into effect on January 26, 1950, lays the foundation of the largest democratic nation in the world. One of its most powerful and progressive elements is the inclusion of Fundamental Rights under Part III of the Constitution.

These rights are essential for the holistic development of individuals and are central to the idea of justice, equality, and liberty — the core tenets of the Indian democracy.

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What Are Fundamental Rights?

Fundamental Rights are a set of rights granted to all citizens of India, regardless of their race, religion, gender, or birth. These rights are enshrined in Part III of the Constitution and are considered justiciable, meaning they are enforceable by the courts. Citizens can directly approach the Supreme Court or High Courts if they believe their rights have been violated.

The idea of Fundamental Rights is heavily inspired by the Bill of Rights in the United States Constitution, aiming to protect individuals from arbitrary actions of the state.

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Important: Initially, the Constitution guaranteed seven fundamental rights. However, the Right to Property was removed as a fundamental right by the 44th Constitutional Amendment in 1978 and is now a legal right under Article 300A. The current six Fundamental Rights are:

Fundamental Rights:

• 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 constitutional remedies (Article 32–35)

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Fundamental Rights in Detail

• Article 14: Equality before the law
• Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
• Article 16: Equality of opportunity in matters of public employment
• Article 17: Abolition of Untouchability
• Article 18: Abolition of titles 
• Article 19: Protection of certain rights regarding freedom of speech, etc.
• Article 20: Protection in respect of conviction for offences
• Article 21: Protection of life and personal liberty
• Article 21A: Fundamental Rights to Education
• Article 22: Protection against arrest and detention in certain cases 
• Article 23: Prohibition of traffic in human beings and forced labor
• Article 24: Prohibition of employment of children in factories, etc.
• Article 25: Freedom of conscience and free profession, practice, and propagation of religion
• Article 26: Freedom to manage religious affairs
• Article 27: Freedom as to payment of taxes for the promotion of any particular religion
• Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions 
• Article 29: Protection of interests of minorities
• Article 30: Right of minorities to establish and administer educational institutions
• Article 31A: Saving of laws providing for the acquisition of estates, etc.
• Article 31B: Validation of certain Acts and Regulations
• Article 31C: Saving of laws giving effect to certain directive principles Article
• Article 32: Remedies for enforcement of rights conferred by this Part
• Article 33: Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
• Article 34: Restriction on rights conferred by this Part while martial law is in force in any area
• Article 35: Legislation to give effect to the provisions of this Part Fundamental Rights

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Right to Equality (Articles 14-18)

Article 14: Equality Before Law and Equal Protection of the Laws

Article 14 is the cornerstone of the Indian legal system when it comes to fairness and justice. It ensures that every person—citizen or non-citizen—is treated equally before the law. This means there is no special privilege for anyone, and no one is above the law.

• Equality before law is a negative concept. It means the State won’t give anyone special treatment.
• Equal protection of laws is a positive concept. It means the State will treat people in similar situations equally.

This Article forms the basis for various landmark judgments where the courts have struck down laws or practices that were discriminatory or arbitrary.

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Article 15 – Prohibition of Discrimination

Article 15 goes a step further and specifically prohibits the State from discriminating against citizens on five grounds:

• Religion
• Race
• Caste
• Sex
• Place of birth

Important points under Article 15:

The State cannot impose any disability or restriction on anyone regarding access to:

• Shops
• Restaurants
• Hotels
• Public places like wells, tanks, roads, etc., funded or maintained by public money.

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However, exceptions are allowed:

• The State can make special provisions for the welfare of women and children.
• The State can take affirmative action in favor of socially and educationally backward classes, as well as Scheduled Castes (SCs) and Scheduled Tribes (STs).
• This allows for reservations in education and employment, among others, to uplift these groups.
• So, Article 15 ensures both protection against discrimination and space for affirmative action where required.

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Article 16 – Equality of Opportunity in Public Employment

Article 16 ensures that every citizen has an equal opportunity to apply for government jobs. It bans discrimination in public employment on the same grounds as Article 15, and adds a few more—descent and residence.

However, some reasonable exceptions are allowed:

• The government can make residence requirements for certain state or local jobs.
• It can provide reservation in appointments or promotions for:
• Backward classes not adequately represented in government services.
• SCs and STs in promotions (under Article 16(4A)).

Additionally, Article 16(5) allows for certain religious or denominational institutions to hire only persons of that religion to maintain their religious character, without violating the equality clause.

This Article strikes a balance between meritocracy and social justice by allowing for reservations while maintaining the principle of equal opportunity.

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Article 17 – Abolition of Untouchability

This is a historic and powerful provision that declares “untouchability” to be abolished in any form. Any act of treating people as untouchables or discriminating against them on that basis is now a punishable offence under Indian law.

Article 17 was introduced to eradicate the deeply rooted caste-based discrimination that plagued Indian society for centuries. It led to laws such as:

• Protection of Civil Rights Act, 1955
• Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989

It reinforces the moral and legal responsibility of the State to protect the dignity and equal status of Dalits and other historically oppressed communities.

Article 18 – Abolition of Titles

Article 18 ensures that India remains a republic where all citizens are equal by abolishing titles that create artificial hierarchies.

Key aspects:

• The State cannot grant titles (like ‘Sir’ or ‘Raja’) except military or academic distinctions.
• Indian citizens cannot accept titles from foreign countries.
• Even foreigners working in official Indian positions need the President’s permission to accept any title or honor from a foreign country.
• No one holding a position of profit or trust in the Indian government can accept any present, emolument, or title from a foreign State without the President's consent.
• This provision was enacted to prevent the emergence of a nobility class, reinforcing the republican spirit of equality.

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Article 19: Protection of Six Fundamental Freedoms

Article 19 guarantees six essential freedoms to all citizens of India, forming the very foundation of a democratic society. These freedoms enable individuals to express themselves, form associations, and move freely within the country.

Freedom of Speech and Expression: This grants every citizen the right to freely express their thoughts, opinions, and beliefs through any medium—oral, written, printed, pictorial, or digital. However, this freedom is subject to reasonable restrictions in the interest of sovereignty, public order, morality, and decency.

Freedom to Assemble Peaceably and Without Arms: Citizens have the right to gather peacefully for meetings, protests, or public demonstrations, provided they are unarmed and not disruptive. Assemblies must be on public property, and the government can impose restrictions to maintain law and order or protect public peace.

Freedom to Form Associations, Unions, or Cooperative Societies: This right allows individuals to form and join political parties, trade unions, companies, clubs, societies, and other groups. It includes the freedom to refrain from joining any association. The right is not absolute and may be restricted in the interest of public order or morality.

Freedom to Move Freely Throughout the Territory of India: This ensures that all Indian citizens can travel within the country without restriction. The movement may, however, be restricted for reasons like protecting tribal cultures or managing areas prone to conflict or unrest.

Freedom to Reside and Settle in Any Part of India: This enables citizens to choose any location in India for residence or work. But reasonable restrictions can be imposed, especially in scheduled and tribal areas, to safeguard the interests and cultural heritage of indigenous communities.

Freedom to Practice Any Profession or to Carry on Any Occupation, Trade, or Business: Every citizen is free to choose and engage in any lawful profession. However, this right does not include professions or businesses that are inherently immoral, illegal, or hazardous to society—like human trafficking or trade in banned substances.

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Article 20 – Protection in Respect of Conviction for Offences

Article 20 ensures safeguards for persons accused of crimes, irrespective of their citizenship. It provides protection against:

Ex Post Facto Laws: No person can be convicted for an act that wasn’t an offence under the law at the time it was committed, nor can a greater penalty be imposed than what was prescribed at the time of the offence.

Double Jeopardy: No person shall be prosecuted and punished for the same offence more than once. This upholds the principle that one cannot be harassed or penalised repeatedly for the same act.

Self-Incrimination: An accused person cannot be compelled to testify against themselves. This protection extends to any confession or statement that might lead to a criminal charge.

These protections apply not just to individuals but also to corporate bodies and other legal entities.

Article 21 – Protection of Life and Personal Liberty

Article 21 is one of the most significant provisions in the Indian Constitution. It declares that no person shall be deprived of their life or personal liberty except according to the procedure established by law.

Over the years, the Supreme Court has interpreted Article 21 in an expansive manner, covering:

• The right to live with human dignity
• The right to livelihood
• The right to shelter
• The right to privacy
• The right to a clean environment
• And many more facets that make life meaningful

This right applies to all individuals, including foreigners, and ensures that the State cannot interfere in a person's life without legal justification and due process.

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Article 21A – Right to Education

Inserted by the 86th Constitutional Amendment Act, 2002, Article 21A makes it a Fundamental Right of every child between the age of 6 and 14 years to receive free and compulsory education from the State.

• This provision obligates the State to ensure that all children within this age group are provided with elementary education.
• It reflects the government’s commitment to ensuring universal access to basic education.
• Earlier, free education was only a Directive Principle under Article 45. The amendment elevated it to a Fundamental Right, thereby making it enforceable by law.

Article 22 – Protection Against Arrest and Detention

Article 22 provides important safeguards against arbitrary arrest and detention. It applies to both citizens and non-citizens and is divided into two parts:

1. Punitive Detention (After Arrest for an Offence)

For persons arrested under ordinary laws:

• They have the right to be informed of the grounds of arrest.
• They must be allowed to consult and be defended by a legal practitioner of their choice.
• They must be produced before a magistrate within 24 hours of arrest (excluding travel time).
• They cannot be detained beyond 24 hours without magistrate’s approval.

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2. Preventive Detention (Without Trial)

Preventive detention is a measure taken to prevent a person from committing an offence, not for punishing them. Article 22 allows it but imposes strict safeguards:

• A person cannot be detained for more than three months unless an Advisory Board of High Court judges reviews the case and approves the extension.
• The detained person must be informed of the reasons for detention, unless doing so is against public interest.
• They must be given an opportunity to make a representation against the detention order.
• While preventive detention seems harsh, it is used in exceptional situations involving threats to national security, public order, or essential supplies and services. However, the constitutional provisions ensure a balance between State interest and individual liberty.

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Article 23 – Prohibition of Trafficking and Forced Labour

Article 23 explicitly prohibits “traffic in human beings, begar (forced labour), and other similar forms of forced labour.” This means that no individual can be coerced into providing labour or services without their free will or adequate compensation. This article protects both citizens and non-citizens and applies against both the State and private individuals or entities.

Elements of Article 23: Trafficking in Human Beings: This includes practices such as slavery, bonded labour, prostitution, and other exploitative acts where human beings are treated as commodities.

• Begar and Forced Labour: Begar is a traditional form of forced labour where people were made to work without any wages or under coercion. Article 23 bans such exploitative practices, which may not necessarily involve physical force but also include economic coercion or social pressure.
• Legal Consequences: Any contravention of this provision is a punishable offence under the law. Parliament is empowered to make laws that ensure effective enforcement of this article.

This provision ensures that people are not exploited for their physical labour, especially by those in a position of power. It has been used to abolish bonded labour and address issues like human trafficking and exploitation in domestic or industrial settings.

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Article 24 – Prohibition of Employment of Children in Hazardous Occupations

Article 24 specifically addresses child labour and seeks to protect the rights and well-being of children. It states that “no child below the age of 14 years shall be employed in any factory or mine or engaged in any other hazardous employment.”

Aspects of Article 24:

• This article is a direct response to the need to protect children from being exploited and forced into labour at a young age, particularly in industries that pose health or safety risks.
• The restriction applies to factories, mines, and any occupation considered hazardous, thus placing a legal duty on employers to ensure compliance.
• It does not prohibit children from working in non-hazardous environments like family-run businesses or entertainment industries, unless those are also classified under hazardous categories.

To give full effect to Article 24, the Child Labour (Prohibition and Regulation) Amendment Act, 2016 was passed. This law made significant changes:

• Complete Ban on Employment of Children below 14 Years: The Act prohibits the employment of children below 14 years in any occupation or process, not just hazardous ones, except for helping in family enterprises or in entertainment/advertisement industries under strict conditions.
• Adolescents (14-18 years): The Act also prohibits adolescents from working in hazardous occupations and processes.

This constitutional safeguard recognizes that children have a right to education, health, and a safe environment, and that these rights should not be compromised under any circumstance due to economic need or social customs.

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Right to Freedom of Religion (Articles 25 to 28)

The Indian Constitution guarantees the Right to Freedom of Religion under Articles 25 to 28, ensuring individuals and communities the liberty to follow, practice, and propagate their religion. These rights are essential in a secular and diverse nation like India, where religion plays a significant role in people's personal and social lives.

Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion

Article 25 provides every person the freedom of conscience and the right to freely profess, practice, and propagate their religion. This means that individuals are free to believe in any religion or not believe in any, and they may express and practice their faith through rituals, ceremonies, and worship.

However, this freedom is not absolute. The State can impose reasonable restrictions on the grounds of public order, morality, and health. It also ensures that such religious freedoms do not interfere with other fundamental rights or social reform. Notably, this Article does not permit forceful conversions, and any form of coercion or inducement to convert a person is viewed as a violation of this provision.

Article 26: Freedom to Manage Religious Affairs

This Article protects the rights of religious denominations or sections to:

• Establish and maintain religious and charitable institutions.
• Manage their own religious affairs.
• Own and acquire movable and immovable property.
• Administer such property in accordance with law.

This ensures that religious communities have autonomy over their internal matters, free from undue state interference, as long as they operate within the framework of public order, morality, and health.

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Article 27: Freedom from Taxation for Promotion of Religion

Article 27 ensures that no person shall be compelled to pay any taxes, the proceeds of which are specifically used to promote or maintain any particular religion or religious denomination.

This provision reinforces the secular character of the Indian State by prohibiting financial support to religious activities from public funds.

Article 28: Freedom from Attending Religious Instruction

This Article protects individuals from being compelled to participate in religious instruction. It bars religious teaching in educational institutions that are wholly funded by the State. However, religious education is permitted in institutions established under a specific endowment or trust that mandates such instruction, even if the institution is administered by the State.

Cultural and Educational Rights (Articles 29 and 30)

India’s Constitution recognizes the need to preserve the rich cultural diversity of its people. The Cultural and Educational Rights ensure that minority communities can conserve their culture and establish their educational institutions.

Article 29: Protection of Interests of Minorities

This Article grants any section of the citizens of India, having a distinct language, script, or culture, the right to conserve the same. It applies to minorities as well as to the majority community in different regions.

Additionally, no citizen shall be denied admission to state-funded educational institutions on the grounds of religion, race, caste, language, or any of them. This provision guarantees individual equality in educational access while protecting group identity.

Article 30: Right of Minorities to Establish and Administer Educational Institutions

Religious and linguistic minorities have the right to establish and administer educational institutions of their choice. This right ensures that minority communities can educate their children in a way that preserves their cultural identity. Importantly, this Article does not extend to all groups but is specifically meant for religious and linguistic minorities.

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Right to Constitutional Remedies (Article 32)

Article 32 is considered the "heart and soul" of the Indian Constitution by Dr. B.R. Ambedkar. It empowers citizens to approach the Supreme Court directly for the enforcement of their fundamental rights. This provision provides legal remedies in the event that any fundamental right is violated.

• The Supreme Court can issue various writs such as:
• Habeas Corpus – to release a person unlawfully detained.
• Mandamus – to direct a public authority to perform its duties.
• Prohibition – to forbid lower courts from exceeding their jurisdiction.
• Certiorari – to transfer a case to a higher court or quash a lower court order.
• Quo Warranto – to challenge the legality of a person holding a public office.
• High Courts also have the power to enforce fundamental rights under Article 226.

Exceptions and Amendments to Fundamental Rights

While fundamental rights are enshrined as inviolable, certain constitutional amendments and provisions allow for their modification under specific circumstances.

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Article 31 (Right to Property): Initially a fundamental right, it was repealed by the 44th Amendment Act, 1978, and is now a constitutional right under Article 300A.

Article 31A: Protects laws related to land reforms from being challenged for violating Articles 14 and 19.

Article 31B: Introduced the Ninth Schedule, shielding certain laws from judicial review even if they violate fundamental rights.

Article 31C: States that laws made to implement the Directive Principles under Article 39(b) and (c) cannot be declared void even if they conflict with Articles 14 or 19.

I.R. Coelho Case (2007): Held that any law in the Ninth Schedule post-April 24, 1973 (Kesavananda Bharati judgement) can be judicially reviewed if it violates the basic structure of the Constitution.

Other Provisions Related to Fundamental Rights

Article 33: Allows Parliament to restrict the fundamental rights of armed forces, police, intelligence agencies, and analogous forces in the interest of discipline and national security.

Article 34: Empowers Parliament to validate actions taken under martial law by indemnifying individuals involved in the enforcement of order.

Article 35: Grants Parliament the authority to enact laws for the implementation of Articles 16(3), 32(3), 33, and 34.

Significance of Fundamental Rights
Fundamental Rights are the cornerstone of Indian democracy, offering both civil and political liberties. They ensure:

• Rule of Law: All individuals are equal before the law.
• Freedom and Dignity: Citizens can express themselves, practice religion, and live without exploitation.
• Democratic Governance: Citizens have legal tools to challenge the abuse of power.
• Protection of Minorities: Cultural and educational safeguards protect minority groups from marginalisation.

These rights differ from ordinary legal rights in that they are guaranteed by the Constitution and can only be altered by a constitutional amendment, not by ordinary legislation.

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Limitations of Fundamental Rights

Despite their importance, fundamental rights are not absolute and come with limitations:

• Suspension during National Emergency: Except for Articles 20 and 21, fundamental rights can be suspended.
• Not Absolute: Rights under Article 19 can be restricted for reasons like public order, morality, and state security.
• Preventive Detention: Article 22 allows detention without trial under specific laws.

Lack of Clarity: Certain terms such as "reasonable restrictions" and "public order" are not clearly defined, leaving room for interpretation.

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Conclusion

Fundamental Rights are not just privileges granted by the State — they are intrinsic to every citizen's identity in a democratic society. They define the relationship between the individual and the State and set the tone for India’s pursuit of liberty, equality, and fraternity. While these rights empower citizens, they also place an obligation on the State and its institutions to uphold them diligently.

Being aware of your Fundamental Rights is not only important as a citizen but also essential in ensuring that democracy thrives in its true spirit.