Fundamental Rights Part 1

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
 Basics about Fundamental
Rights
• Part III of the Constitution from Articles 12 to 35
• Inspiration from the Constitution of USA
• Meant for promoting the ideal of political democracy
• Operate as limitations on the tyranny of the executive and
arbitrary laws of the legislature
• Guaranteed and protected by the Constitution
• Most essential for the all-round development (material,
intellectual, moral and spiritual) of the individuals.

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Characteristics of Fundamental Rights in Part
III
• Some only available to citizens
• Not absolute – can be restricted reasonably
• Available against state & some against private individuals
• Negative & Positive in nature
• Justiciable
• Can be amended
• Can be suspended during National Emergency (Except 20
& 21)
• Limitations on their operation under
• Article 31A, 31B & 31C
• Article 33
• Article 34

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Fundamental Rights in the Constitution

1. Right to equality (Articles 14–18)

2. Right to freedom (Articles 19–22)

3. Right against exploitation (Articles 23–24)

4. Right to freedom of religion (Articles 25–28)

5. Cultural and educational rights (Articles 29–30)

6. Right to property (Article 31) (after 44th CAA not a FR but legal right under article 300A)

7. Right to constitutional remedies (Article 32)

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
 DEFINITION OF STATE –
Under Article 12
• Government and Parliament of India
• Government and legislature of states
• All local authorities
• statutory or non-statutory authorities
According to the Supreme Court, even a private body or an
agency working as an instrument of the State falls within
the meaning of the ‘State’ under Article 12.

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
 LAWS INCONSISTENT WITH
FUNDAMENTAL RIGHTS – Article 13

• All laws that are inconsistent with or in derogation of any of

the fundamental rights shall be void.
• Law is defined to include
• Permanent laws
• Temporary laws
• Statutory instruments
• Non-legislative sources of law
• Constitutional amendment is not a law and hence cannot
be challenged but it can be challenged if it violates the
‘basic structure’

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
 Right to Equality (Article 14 )
Article 14 - State shall not deny to any person equality
before the law or the equal protection of the laws within
the territory of India.
• Concept of ‘equality before law’ –
• absence of any special privileges in favour of any person
• equal subjection of all persons to the ordinary law of
the land administered by ordinary law courts
• No person is above law
• It is part of rule of law concept
• Concept of ‘equal protection of laws-
• equality of treatment under equal circumstances
• similar application of the same laws to all persons who
are similarly situated
• like should be treated alike without any discrimination.

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
 • Absence of arbitrary power

Rule of • Equality before the law

• primacy of the rights of the individual

Law • The Supreme Court held that the ‘Rule of Law’ as

embodied in Article 14 is a ‘basic feature’ of the
constitution

Exceptions • President of India and the Governor of States

• MPs and MLAs

to equality • foreign sovereigns (rulers), ambassadors and

diplomats enjoy immunity from criminal and civil
proceedings.
before law • UNO and its agencies enjoy the diplomatic immunity.

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
 Right to Equality (Article 15)

Article 15(1) - State shall not discriminate against any

citizen on grounds only of religion, race, caste, sex or place
of birth.

Article 15(2) - no citizen shall be subjected to any disability,

liability, restriction or condition on grounds only of religion,
race, caste, sex, or place of birth in accessing public places.

Exceptions – Special Provisions for women & children,

socially and educationally backward classes, SC, ST,
economically weaker sections of citizens (103 CAA)

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Right to Equality (Article 16)
Article 16 - equality of opportunity for all citizens in matters of
employment or appointment to any office under the State. No
discrimination on basis of only religion, race, caste, sex, descent,
place of birth or residence.

Exceptions
• Parliament can prescribe residence as a condition
• Reservations for backward classes not adequately represented, EWS
• Incumbent of an office related to religious or denominational institution

Reservation in Promotions – allowed subject to condition that not

adequately represented under article 16(4A)

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Right to Equality (Article 17)

Article 17 abolishes ‘untouchability’ and forbids its practice in any form.

Protection of Civil Rights Act, 1955 - defines civil right as any right accruing to a person
by reason of the abolition of untouchability by Article 17 of the Constitution.

‘Untouchability’ has not been defined but means social disabilities imposed on certain
classes of persons by reason of their birth in certain castes

Available against private individuals

Constitutional obligation of the State to take necessary action to ensure that this right is
not violated.

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Right to Equality (Article 18)

Article 18 abolishes titles

• prohibits the state from conferring any title

• prohibits a citizen of India from accepting any title from any foreign state

hereditary titles of nobility are banned by Article 18

Supreme Court upheld the constitutional validity of the National Awards–

Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Sri.

But they should not be used as suffixes or prefixes to the names of

awardees

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Right to Freedom (19 – 22)

Article 19 guarantees to all citizens the six rights.

• (i) Right to freedom of speech and expression.
• (ii) Right to assemble peaceably and without arms.
• (iii) Right to form associations or unions or co-operative societies.10a
• (iv) Right to move freely throughout the territory of India.
• (v) Right to reside and settle in any part of the territory of India.
• (vi) Right to practice any profession or to carry on any occupation, trade or business.

six rights are protected against only state action and not private individuals

available only to the citizens

These rights are subject to ‘reasonable’ restrictions

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Freedom of Speech and Expression ( Article
19)

the right to
• SC has kept expanding this right overtime by
express his views, including new rights within this right as a part
opinions, belief of free speech and expression
and convictions • Raj Narain Case – RTI embedded in article 19.
freely by word of • Reasonable restrictions - sovereignty and
mouth, writing, integrity of India, security of the state, friendly
printing, picturing relations with foreign states, public order,
decency or morality, contempt of court,
or in any other defamation, and incitement to an offence
manner.

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
 Freedom of Assembly
• right to assemble peaceably and without arms
• right to hold public meetings, demonstrations and take out processions
• reasonable restrictions - sovereignty and integrity of India and public order

Freedom of Association
• right to form associations or unions or cooperative societies
• right to form political parties, companies, partnership firms, societies,
clubs, organisations, trade unions or any body of persons
• it covers the negative right of not to form or join an association or union
• Reasonable restrictions - sovereignty and integrity of India, public order
and morality.

Right to strike does not come under above both rights.

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Freedom of Movement
• entitles every citizen to move freely throughout the territory of the country
• It only protects freedom of movement inside the country.
• reasonable restrictions - interests of general public and the protection of interests
of any scheduled tribe.

Freedom of Residence
• right to reside and settle in any part of the territory of the country
• reasonable restrictions- interest of general public and the protection of interests
of any scheduled tribes

Freedom of Profession
• All citizens are given the right to practise any profession or to carry on any
occupation, trade or business
• reasonable restrictions - interest of the general public. Also state can prescribe:
• prescribe professional or technical qualifications
• carry on by itself any trade, business, industry or service whether to the
exclusion (complete or partial) of citizens or otherwise.
Protection in Respect of Conviction for
Offences
Article 20
grants • No ex-post-facto law - only
protection applicable in case of criminal
laws.
against
• No double jeopardy - available
arbitrary and only in proceedings before a
excessive court of law or a judicial tribuna
punishment • No self-incrimination – only
to an accused extends to criminal proceedings
person

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Right to Life and Personal Liberty ( Article 21)
Article 21 declares that no person shall be deprived of his life or personal liberty except according
to procedure established by law.

• Gopalan case – narrow interpretation

Interpretation of this FR by SC • Menaka case - wider interpretation -law is reasonable, fair and just &
has continuously expanded this right to life includes dignity of individual and personal liberty includes
right variety of rights
• K S Puttuswamy Case – Right to Privacy made part of right to life

Right to education – free and • 86th Constitutional Amendment Act of 2002 with changes in Article 45 &
article51 A
compulsory education to 6- 14 • In pursuance of Article 21A, the Parliament enacted the Right of Children
years children. to Free and Compulsory Education (RTE) Act, 2009

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
 Gopalan Case – Narrow Interpretation
• Only available against arbitrary executive action –
as per expression ‘procedure established by law’
• Narrow meaning of personal liberty
Manaka Case -Wider Interpretation
• Introduced ‘due process of law’
• Available against both executive and legislature
action
• Law must be reasonable, fair and just
• Right to live not mere existence but life with
dignity encompassing wide set of rights relating to
liberty of an individual

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Set of Important Rights under Article 21
• Right to live with human • Right to fair trial.
dignity. • Right of women to be
• Right to decent treated with decency and
environment dignity.
• Right to livelihood. • Right to information
• Right to privacy • Right to reputation
• Right to shelter • Right to social and
• Right to health economic justice and
empowerment
• Right to free education up • Right to sustainable
to 14 years of age development
• Right against delayed
execution

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1
Protection Against Arrest and Detention
Article 22 grants protection to persons who are arrested or detained.
Detention is of two types, namely, punitive and preventive.

• (i) Right to be informed of the grounds of arrest.

For arrest and • (ii) Right to consult and be defended by a legal practitioner.
• (iii) Right to be produced before a magistrate within 24
detention under hours including the journey time.
ordinary law: • (iv) Right to be released after 24 hours unless the magistra
authorises further detention.

• detention of a person cannot exceed three months (

For arrest and without advise of advisory board)
detention under • grounds of detention should be communicated (excluding
Preventive detention public interest related facts )
• detenu should be afforded an opportunity to make
law : representation against the detention order.
 Power of Parliament under article 22 to make law to regulate preventive detention

• circumstances and the classes of cases in which a person can be detained for more than three months under
a preventive detention law without obtaining the opinion of an advisory board
• the maximum period for which a person can be detained in any classes of cases under a preventive detention
law
• the procedure to be followed by an advisory board in an inquiry

Parliament has exclusive authority to make a law of preventive detention for reasons
connected with defence, foreign affairs and the security of India.

Parliament as well as the state legislatures can concurrently make a law of preventive
detention for reasons connected with the security of a state, the maintenance of public
order and the maintenance of supplies and services essential to the community.

https://www.youtube.com/channel/UC5lbyL9e2Nxqev5_kWtZCwg?sub_confirmation=1