Fundamental Rights

3.1 Overview and Article 12 (Definition of State)

Part III (Articles 12–35) provides six categories of Fundamental Rights. Article 12 defines "State" for Part III purposes — it includes the Government of India, Parliament, state governments, state legislatures, and all local and other authorities within or under the control of the Government of India.

The Supreme Court has expanded "other authorities" through case law (Electricity Board cases) to include statutory corporations and even private bodies discharging public functions.

Article 13 — The operative provision:

• Pre-constitutional laws void to the extent inconsistent with Part III (Article 13(1))
• State prohibited from making laws that take away or abridge Fundamental Rights (Article 13(2))
• Violation renders such laws void — this is the foundation of judicial review

3.2 Right to Equality (Articles 14–18)

Article 14 — Equality Before Law

Article 14 provides two distinct but linked guarantees:

• Equality before law (British concept — no one above the law)
• Equal protection of laws (US-origin — like must be treated alike, unlike may be treated differently)

The doctrine of reasonable classification allows the state to classify persons/things if:

• The classification is intelligible and based on genuine differences
• The classification has a reasonable nexus with the object of the legislation

Article 15 — Prohibition of Discrimination

Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. However, the state may make special provisions for:

• Women and children (Article 15(3))
• Socially and educationally backward classes, SC/ST (Article 15(4))
• OBC/SC/ST in private unaided educational institutions (Article 15(5) — 93rd Amendment 2005)
• EWS — up to 10% reservation in educational institutions including private unaided (Article 15(6) — 103rd Amendment 2019)

Article 16 — Equality in Public Employment

Article 16 prohibits discrimination in government employment on grounds of religion, race, caste, sex, descent, place of birth, or residence. Permissible reservations include:

• Backward classes (16(4))
• SC/ST in promotions (16(4A) — 77th Amendment 1995)
• Consequential seniority in promotions (16(4B) — 85th Amendment 2001)
• EWS reservation in government posts — 10% (16(6) — 103rd Amendment 2019)

Articles 17 and 18

Article 17 abolishes untouchability in any form — its practice is a punishable offence. Enforcing legislation includes the Protection of Civil Rights Act 1955 and the SC/ST (Prevention of Atrocities) Act 1989.

Article 18 prohibits the state from conferring titles (except military/academic distinctions). A citizen cannot accept a title from a foreign state without the President's consent.

3.3 Right to Freedom (Articles 19–22)

Article 19 — Six Freedoms

Originally seven; right to property removed in 1978.

Clause	Freedom	Permissible Restrictions
19(1)(a)	Speech and expression	Sovereignty, security, friendly relations with foreign states, public order, decency/morality, contempt of court, defamation, incitement to offence
19(1)(b)	Peaceful assembly	Sovereignty, public order
19(1)(c)	Form associations or unions	Sovereignty, public order, morality
19(1)(d)	Move freely throughout India	Interests of general public, ST protection
19(1)(e)	Reside and settle in any part	Interests of general public, ST protection
19(1)(g)	Practise any profession	Interests of general public, professional qualifications

Article 20 — Protection Against Arbitrary Conviction

Article 20 provides three protections:

• No ex-post facto law: no person convicted of offence not in force when committed
• No double jeopardy: no prosecution/punishment twice for same offence
• No self-incrimination: no person compelled to be a witness against himself

Article 21 — Right to Life and Personal Liberty

"No person shall be deprived of his life or personal liberty except according to procedure established by law." This is the most litigated article.

Through judicial expansion (Maneka Gandhi v. Union of India, 1978 — procedure must be fair, just, and reasonable), Article 21 now includes:

• Right to privacy (K.S. Puttaswamy, 2017)
• Right to livelihood
• Right to health
• Right to education (before Article 21A)
• Right to a clean environment
• Right to speedy trial
• Right against solitary confinement
• Right to legal aid

Article 21A — Right to Education

Added by the 86th Amendment 2002: free and compulsory education for all children aged 6–14 years. Implemented through the Right of Children to Free and Compulsory Education (RTE) Act 2009.

Article 22 — Protection Against Arbitrary Arrest

Rights of arrested persons include:

• Informed of grounds of arrest
• Right to consult and be defended by a lawyer of choice
• Production before nearest magistrate within 24 hours

Exception: Persons detained under preventive detention may be held up to 3 months without Advisory Board review.

3.4 Right Against Exploitation (Articles 23–24)

Article 23 prohibits traffic in human beings and forced labour — covers begar (unpaid/forced labour), bonded labour, and human trafficking. The state can impose compulsory service for public purposes (e.g., military conscription). The Bonded Labour System (Abolition) Act 1976 implements this.

Article 24 prohibits child labour in factories, mines, or hazardous employment — children below 14 years cannot be employed in hazardous work. The Child Labour (Prohibition and Regulation) Amendment Act 2016 extended the prohibition to all occupations for under-14 and hazardous occupations for adolescents aged 14–18.

3.5 Right to Freedom of Religion (Articles 25–28)

• Article 25: Freedom of conscience and free profession, practice, and propagation of religion (subject to public order, morality, and health; state can regulate secular activities associated with religion)
• Article 26: Freedom to manage religious affairs — every religious denomination can establish and maintain institutions, manage religious affairs, own/acquire/administer moveable and immoveable property
• Article 27: Freedom from payment of taxes for promotion of any particular religion
• Article 28: Freedom from religious instruction in state-funded educational institutions

3.6 Cultural and Educational Rights (Articles 29–30)

Article 29 protects interests of minorities: any section of citizens with a distinct language, script, or culture has the right to conserve the same. No citizen can be denied admission to any state-aided educational institution solely on grounds of religion, race, caste, or language.

Article 30 grants the right to establish and administer educational institutions to all religious and linguistic minorities. The state cannot discriminate against minority institutions in granting aid.

Key cases:

• T.M.A. Pai Foundation (2002)
• Inamdar (2005)

3.7 Right to Constitutional Remedies (Article 32)

Dr. Ambedkar called Article 32 the "heart and soul of the Constitution" — without remedies, rights are mere declarations.

The Supreme Court can issue five types of writs:

Writ	Meaning	When Issued
Habeas Corpus	"Produce the body"	Unlawful detention — court orders production of detainee
Mandamus	"We command"	To compel a public authority to perform a mandatory public duty
Certiorari	"To be certified"	To quash an order of an inferior court/tribunal that exceeded jurisdiction
Prohibition	"To forbid"	To prevent inferior court/tribunal from exceeding jurisdiction (prospective)
Quo Warranto	"By what authority"	To inquire by what authority a person holds a public office

Article 32 itself is a fundamental right — it cannot be suspended except during emergencies under Article 359.

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