Fundamental Rights in the Constitution of India (Part III of CoI; Article 12-35)
- Inspired from the Constitution of USA (Bill of Rights)
- Part III of the Constitution is described as the megna carta of India.
- Part III of the CoI consists of justiciable Fundamental Rights
- Fundamental Rights promotes Political Democracy, controls tyranny, ‘a government of laws and not of men’
- Fundamental Rights are:
- not absolute but qualified
- Justifiable, guaranteed by Supreme Court
- Not sacrosanct or permanent
- 6 rights in Article 19 can be suspended during national emergency on the ground of war or external aggression/emergency, not on the ground of internal emergency, except Article 20 & 21
- Their scopes of operations are limited by
- Article 31 A: Saving of laws providing for acquisition of estates.
- Article 31 B: Validation of certain acts and regulations including in the 9th Schedule.
- Article 31 C: Saving of laws giving effect to certain directive principles.
- Article 33: Restriction on armed forces, para military , police, intelligence agencies.
- Article 34: Their application can be restricted while martial law/military rule is in force in any area.
- Article 35:
- Originally CoI provided for 7 Fundamental Rights:
- Right to Equality (Article 14-18)
- Right to Freedom (Article 19-22)
- Right Against Exploitation (Article 23-24)
- Cultural and Educational Rights (Article 29-30)
- Right to Property (Article 31) – Deleted in 44th Amendment Act, 1978, made a legal right under article 300-A in Part XII.
- Right to Constitutional Remedies (Article 32)
- Articles and FR:
General
Article | Fundamental Rights |
12 | Definition of State |
13 | Laws inconsistent with or in derogation of the Fundamental Rights |
Rights to Equality
14 | Equality before law |
15 | Prohibition of discrimination on the grounds of religion, race, caste, sex, or place of birth. |
16 | Equality of opportunity in matters of public employment |
17 | Abolition of untouchability |
18 | Abolition of titles |
Rights to Freedom
19 | Protection of certain rights regarding freedom of speech, etc. |
20 | Protection in respect of conviction for offences |
21 | Protection of life and personal liberty |
21A | Right to education |
22 | Protection against arrest and detention in certain cases |
Right against exploitation
23 | Prohibition of traffic in human beings and forced labour |
24 | Prohibition of employment of children in factories, etc. |
Right to freedom of religion
25 | Freedom of conscience and free profession, practice and propagation of religion. |
26 | Freedom to manage religious affairs |
27 | Freedom as to payment of taxes for promotion of any particular religion. |
28 | Freedom as to attendance at religious instruction or religious worship in certain educational instituents |
Cultural and Educational Rights
29 | Protection of interests of minorities |
30 | Rights of minorities to establish and administer educational institutions. |
Right to Property (Repealed)
31 | Compulsory acquisition of property |
Saving of certain laws
31 A | Saving of laws providing for acquisition of estates, etc. |
31 B | Validation of certain acts and regulations |
31 C | saving of laws giving effect to certain directive principles |
31 D | saving of laws in respect of anti-national activities (repealed) |
Rights to Constitutional Remedies
32 | Remedies for enforcement of rights conferred by this part |
32 A | constitutional validity of state laws not to be considered in proceedings under Article 32 (repealed) |
33 | Power of parliament to modify the rights conferred by this part in their application to forces, etc. |
34 | Restriction on rights conferred by this part while martial law is in force in any area |
35 | Legislation to give effect to the provisions of this part. |
- Writs
- Exceptions of FRs
- Armed forces and FR
- Martial law and National Emergency
- Martial Law and Fundamental Rights
- Effecting certain fundamental rights
- Right to Property Now
- Significance of FRs
- Criticisms of FRs
- Rights outside Part III