Articles of Indian Constitution

Constitution of India contains 448 Articles in 25 Parts 12 Schedules

Constitution of India
MCN 202
Fundamental Rights
Part III of the Indian Constitution
Joaquim Ignatious Monteiro
Assistant Professor
Dept. of ECE
College of Engg. TVM

Parts of the Indian Constitution

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Part I – Union & its territories (Article 1 - 4)
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Part II – Citizenship (Articles 5 – 11)
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Part III – Fundamental Rights (Articles 12 – 35)
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Part IV – Directive Principles of State Policy (Articles 36 – 51)
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Part IV A – Fundamental Duties (Article 51 A)

Article 13 Fundamental Rights

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Article 13 deals with the laws inconsistent with or in derogation of the ●
These human rights are conferred upon the citizens of India for the Constitution
fundamental rights tells that these rights are inviolable
●
Derogation = Derogation, in civil law and common law, is the partial ●
Fundamental Rights are named so because they are protected and guaranteed
suppression of a law by the Constitution, which is the fundamental law of India
●
Article 13 aids the court and citizens to keep the powers of the legislature ●
The Fundamental Rights are included in Part III of the Indian Constitution from
under preview
Articles 12 to Article 35 (Actually fundamental rights are de
ned from article 14
●
Article 13 of the Indian Constitution describes the means for judicial review. onwards)
– Indian State has to respect and implement the fundamental right ●
All the Fundamental Rights in the Indian Constitution are taken from or
– And at the same time, it gives the courts the power to declare a law or an inspired from the Constitution of the USA (Bill of Rights)
act void if it infringes (violates) the fundamental rights.
●
Part III is also described as the ‘Magna Carta’ of India (just Google to nd about Magna
Carta)
Fundamental Rights Why are these called Fundamental Rights?
●
Fundamental rights are the basic human rights enshrined in the Constitution ●
These rights are called fundamental rights because of two reasons:
of India which are guaranteed to all citizens. ●
They are enshrined in the Constitution which guarantees them
●
They are applied without discrimination on the basis of race, religion, ●
They are justiciable (enforceable by courts)
gender, etc
– In case of a violation, a person can approach a court of law.
●
Fundamental rights are enforceable by the courts, subject to certain
conditions.

Fundamental Rights Right to Equality (Articles 14 – 18)

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Six fundamental rights de
ned in the Indian Constitution
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)
●
Right to equality guarantees equal rights for everyone, irrespective of
religion, gender, caste, race or place of birth.
●
It ensures equal employment opportunities in the government and insures
against discrimination by the State in matters of employment on the basis of
caste, religion, etc.
●
This right also includes the abolition of titles as well as untouchability

Right to Equality (Articles 14 – 18)

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Article 14 - Equal protection of laws and Equality before law.
●
Article 15 - Prohibition of discrimination on grounds of religion, caste, sex,
place of birth or race.
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Article 16 - Equality of opportunity in terms of public employment.
Equality ●
Article 17 - Abolition of untouchability and prohibition of its practice.
●
Article 18 - Abolition of titles except military and academic
Exceptions to the equality before law Article 18 - Abolition of titles except military and academic
●
Exceptions to the equality before law- Art 361 of the Constitution permits the ●
Bharat Ratna, Padma awards
following
●
exceptions to this rule – cannot be used as titles:
– The President or the Governor of a State shall not be answerable to any Government
court. ●
The Bharat Ratna and Padma
– No criminal proceeding whatsoever shall be instituted or continued
against the President or a Governor in any court during his term of awards are not titles and cannot be

o ce. 
used as pre
x or su x to names
– No Civil Proceeding in which relief is claimed against the President or the

Governor of a state shall be instituted during his term of o ce in any
and they can be withdrawn in case
Court of misuse
Padmashree Bharath Dr. Sarojkumar!

Right to Freedom (Article 19-22)

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Article 19 – Freedom of speech, expression, association , movement,
residence, profession
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Article 20 Protection with respect to conviction for o ences
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Article 21 Right to life and personal liberty
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Article 21A Right to elementary education
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Article 22 Protection against arrest and detention in certain cases

Article 19 Article 19
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Protection of 6 rights concerning the freedom of: ●
Freedom of speech and expression
– Speech and expression – The State guarantees freedom of speech and expression to every person of
India
– Assembly
– However, the State can impose restrictions on the freedom of speech and
– Association expression in the interests of the integrity, security and sovereignty of the
– Movement country, friendly relations with foreign nations, for public order, with
– Residence

respect to defamation, incitement to o ence or contempt of court
●
Freedom to assemble
– Profession
– The State guarantees every person the freedom to assemble peacefully
without arms
– However, as above, reasonable restrictions can be imposed in the interests
of the sovereignty and integrity of the country and public order.
Article 19
●
Freedom to form associations/unions/cooperative societies:
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Freedom to move freely
– A citizen of India can move freely throughout the territory of India
– But this right can also be restricted on the grounds of security, public
order or for protecting the interests of the Scheduled Tribes
●
Freedom of residence
– Citizens of India have the right to reside in any part of the country
●
Freedom of profession
– All citizens have the right to carry on any trade or profession/occupation,
provided the trade or occupation is not illegal or immoral

Article 19 Freedom of Speech & expression and Indian Penal Code (IPC)
●
Freedom of residence ●
Sedition - Section 124 A
– Citizens of India have the right to reside in any part of the country ●
Defamation – Section 499 and 500
– Although restrictions can be imposed on the grounds of security, public ●
Hate Speech
order or for protecting the interests of the Scheduled Tribes – Section 153 A
●
Freedom of profession – Spreading rumours - Section
– All citizens have the right to carry on any trade or profession/occupation, 505(1)(c),Section 505(2)
provided the trade or occupation is not illegal or immoral. Also, the law ●
Hurting religious sentiments
does not prevent the State from making laws related to technical or
professional quali
cations required for practicing the occupation or – Section 295A
trade. – Section 298 May 11, 2022

Article 20 Protection with respect to conviction for oences

●
Article 20 deals with the protection of citizens in respect of conviction for o ences
Article 20 deals with ●
This provides for three types of protection of the individual against the State
the protection of ●
Retrospective criminal legislation (ex-post facto criminal legislation)
citizens in respect of – Under this, a person cannot be convicted for an act that was committed at a
conviction for oences time when the act had not been declared by law as an o ence
●
Double jeopardy
– This indicates that a person cannot be convicted for the same o ence more
than once
●
Prohibition against self-incrimination
– This implies that no person accused of an o ence shall be compelled by the
State to bear witness against himself.
Prospective v/s Retrospective law Fundamental Rights
●
Six fundamental rights de
ned in the Indian Constitution
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Article 21:Right to life and personal liberty Article 21:Right to life and personal liberty
●
Article 21 states that no person shall be deprived of his life and personal ●
“Procedure established by law” means that any law made by the legislature
liberty by the State except as per the procedure established by law. or any such body will be valid only if the correct procedure has been followed
●
This article has a wide scope and its interpretation has undergone many while making the law.
changes over the decades ●
“Due process of law” means that a government must protect and respect the
– A.K. Gopalan vs. the State of Madras, 1951 legal rights of an individual.
●
Hon’ble Supreme Court held that the protection of Article 21 is available
only against the executive action. But legislative may deprive a person by
making a law
– Maneka Gandhi vs. Union of India, 1978
●
In this case, Hon’ble Supreme Court held that the protection of Article 21 is
available not only against executive action but also against legislative

Golden Triangle of the Indian Constitution : Articles 14, 19, 21 Article 21- List of rights of citizens
●
Supreme Court stated in the Maneka ●
In the Unni Krishnan vs. State of ●
Right against custodial death
Gandhi vs. Union of India, 1978 case Andhra Pradesh (1993), the Supreme ●
Right against delayed execution
Court gave a list of rights that Article
●
Article 14 (Right to Equality), Article 19 21 covers based on earlier judgments. ●
Doctors’ assistance
(Right to Freedom) and Article 21 (Right to Some of them are: ●
Right against public hanging
Life and Personal Liberty) form the Golden ●
Right to privacy ●
Protection of cultural heritage
Triangle of the Constitution
●
Right to go abroad ●
Right to pollution-free water and air
●
At any time, if a law deprives a person of his
personal liberty, it has to meet the criteria
●
Right to shelter ●
Right of every child to a full
as speci
ed in Article 14 and Article 19. ●
Right against solitary con nement development
●
The golden triangle provides full protection ●
Right to social justice and economic
●
Right to health and medical aid
to individuals from any encroachment upon empowerment ●
Right to education
their rights. ●
Right against handcung ●
Protection of under-trials
Article 21(A) – Right to Education Article 22
●
This article was introduced by the 86th Constitutional Amendment in 2002 ●
Article 22 deals with the protection against arrest and detention in certain
●
It provides that the State shall provide free and compulsory education to all cases
children between the ages of 6 and 14 ●
This article is applicable to both citizens and non-citizens.
●
This provision extends certain procedural safeguards for individuals in case
of an arrest.
●
It comes into the picture after a person has been arrested. It is not a
fundamental right against detention and arrest.
●
The idea behind this right is to prevent arbitrary arrests and detention.

Fundamental Rights
●
Six fundamental rights de
ned in the Indian Constitution
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Right against Exploitation Right against Exploitation

●
Right against Exploitation is enshrined in Articles 23 and 24 of the Indian ●
Laws that were passed in pursuance of Article 24 in India.
Constitution
The Factories Act, 1948

●

●
Article 23 – Prohibition of tra c in human beings and forced labour ●
The Mines Act of 1952
– Exploitation implies the misuse of others’ services by force and/or labour
without payment
●
The Child Labour (Prohibition and Regulation) Act, 1986
– Forced labour is forbidden by the Constitution. It is considered forced labour ●
Child Labour (Prohibition and Regulation) Amendment Rules, 2017
if the less-than-minimum wage is paid
– Article 23 protects citizens not only against the State but also from private
citizens.
●
Article 24 – Prohibition of employment of children in factories, etc.
– “No child below the age of fourteen years shall be employed to work in any
factory or mine or engaged in any other hazardous employment.”
 Fundamental Rights
●
Six fundamental rights de
ned in the Indian Constitution
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Right to Freedom of Religion Secularism

●
The Constitution of India guarantees the right to freedom of religion to not ●
The word ‘secularism’ means separate from religion.
only individuals but also religious groups in India ●
It entails the separation of religion from the government, social, economic,
●
This is enshrined in Articles 25 to 28 and cultural aspects of life.
●
Article 25 (Freedom of conscience and free profession, practice, and ●
India is a secular country with no state religion. There is equal respect for all
propagation of religion) religions and faiths.
●

Article 26 (Freedom to manage religious a airs) ●
The word is also a part of the Basic Structure of the Constitution. It was
●
Article 27 (Freedom as to payment of taxes for promotion of any particular added by the 42nd Amendment to the Constitution.
religion) => no taxes to be collected for promoting a particular religion ●
Secularism has also been an inalienable part of Indian culture as seen by the
●
Article 28 (Freedom as to attendance at religious instruction or religious multitude of faiths that have co-existed in this country for centuries.
worship in certain educational institutions) ●
All religious groups in India have the same powers without any
discrimination.

Fundamental Rights Cultural and Educational Rights

●
Six fundamental rights de
ned in the Indian Constitution ●
Cultural and Educational Rights safeguards the rights of linguistic and
1. Right to Equality (Article 14-18) religious minorities.
2. Right to Freedom (Article 19-22)
●
Constitution guarantees these rights to minorities so that the diversity of
this country is preserved and provides avenues for all groups including
3. Right against Exploitation (Article 23-24) marginalized ones to protect, preserve, and propagate their culture
4. Right to Freedom of Religion (Article 25-28) ●
Article 29 – Protection of Interests of Minorities
5. Cultural and Educational Rights (Article 29-30) ●
Article 30 – Right of Minorities to Establish and Administer Educational
6. Right to Constitutional Remedies (Article 32) Institutions
Fundamental Rights
●
Six fundamental rights de
ned in the Indian Constitution
1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)