Fundamental Rights in the Constitution of India (Part III of CoI; Article 12-35)

1. Inspired from the Constitution of USA (Bill of Rights)
2. Part III of the Constitution is described as the megna carta of India.
3. Part III of the CoI consists of justiciable Fundamental Rights
4. Fundamental Rights promotes Political Democracy, controls tyranny, ‘a government of laws and not of men’
5. Fundamental Rights are:
   1. not absolute but qualified
   2. Justifiable, guaranteed by Supreme Court
   3. Not sacrosanct or permanent
   4. 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
   5. Their scopes of operations are limited by
      1. Article 31 A: Saving of laws providing for acquisition of estates.
      2. Article 31 B: Validation of certain acts and regulations including in the 9th Schedule.
      3. Article 31 C: Saving of laws giving effect to certain directive principles.
      4. Article 33: Restriction on armed forces, para military , police, intelligence agencies.
      5. Article 34: Their application can be restricted while martial law/military rule is in force in any area.
   6. Article 35:
6. Originally CoI provided for 7 Fundamental Rights:
   1. Right to Equality (Article 14-18)
   2. Right to Freedom (Article 19-22)
   3. Right Against Exploitation (Article 23-24)
   4. Cultural and Educational Rights (Article 29-30)
   5. Right to Property (Article 31) – Deleted in 44th Amendment Act, 1978, made a legal right under article 300-A in Part XII.
   6. Right to Constitutional Remedies (Article 32)
7. Articles and FR:

8. Writs
9. Exceptions of FRs
10. Armed forces and FR
11. Martial law and National Emergency
12. Martial Law and Fundamental Rights
13. Effecting certain fundamental rights
14. Right to Property Now
15. Significance of FRs
16. Criticisms of FRs
17. Rights outside Part III