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Fundamental Rights

• Part III
• Article 12 to 35
• Derived from the Constitution of USA
• Magna Carta of India
• Justiciable
• Promoting the ideal of Political
Democracy
Category
Right to Equality - Article 14 to 18
Right to Freedom – Article 19 to 22
Right against Exploitation – Article 23 to 24
Right to Freedom of Religion – Article 25 to 28
Cultural and Educational Rights – Article 29 to
30
Right to Property – Article 31
Right to Constitutional Remedies – Article 32
 Right to Equality

Article 14 – Equality before the Law

and Equal protection of laws
UK – Absence of special Privileges
USA – Equality of treatment under
equal circumstances

The Feature of Rule of Law

Exceptions – President ,Governor
Right to Equality
Article 15 – Prohibition of discrimination on
the basis of religion , race , caste , sex or
place of birth
Exceptions:
Special Provision for women , children
Socially and Educationally backward classes
Economically Weaker Sections ,etc.
Article 16 – Equality of Opportunity in
Public Employment
Exceptions:
Residence as a condition
Reservation to any backward classes
Religious institutions
Right to Equality

Article 17 – Abolition of Untouchability

- Absolute Fundamental Right
- Any form of practice is prohibited.

Article 18 – Abolition of Titles

- Prohibition of title except military and
academic
- Accepting title from foreign state ,
Including foreigner holding office of
profit
- Titles like Maharaja
Right to Freedom
Article 19
(1) Freedom of speech and expression
(2) Assemble
(3) Form associations
(4) Move freely
(5) Reside and settle
(6) Profession
Article 20 – Protection in respect of
conviction for offences
No ex-post-facto law
No Double Jeopardy
No self-incrimination
Right to Freedom
Article 21 – Right to life and Personal
liberty
Gopalan case – 1950
Menaka Case – 1978
- Due process of law vs. Procedure
established by the law
Article 21 A
- State shall provide free and
compulsory education to all children
of the age of 6 to 14 years
- From Article 45
- Right to Education Act , 2009
Right to Freedom
Article 22 - Protection against arrest
and detention
Punitive – After trial and conviction in
a court
Preventive – Without Trial and it’s a
precautionary measure
 Right Against Exploitation
Article 23 – Prohibition of Traffic in
human beings and forced labor
- Selling and buying of women , child
- Forced labor
- Devadasis system
Article 24 – Prohibition of Employment
of children in factories
- Below the age of 14 years
- The child labor act , 1986
Right to freedom of religion
Article 25 – Freedom of conscience , and
free profess , Practice and Propagate
- Religious beliefs and Practices

Article 26 – Freedom to manage religious

affairs
- Establish institution for religious and
charitable purposes
- Own affairs
- Own acquire and movable property
Right to freedom of religion
Article 27 – No tax promotion for
Particular any religion
This prohibits only levy a tax not a fee
Article 28 – Freedom from attending
religious instructions
- No religious instruction shall be
provided in any educational
institutions wholly maintained out of
state funds
- Institutions administered by the
state but established under any trust
- Recognized / receiving aid
Cultural and Educational Rights
Article 29 – Protection of Interests of
Minorities
- Any section of the citizen residing any
part of India having a distinct language ,
script , culture
- Religious and Linguistic Minorities
Article 30 – Right of minorities to establish
and administer educational institutions
- Compensation
 Right to Property
- Article 19 (1) ( f ) and Article 31
- 44th Constitutional Amendment Act ,
1978
Compulsory compensation
1. When the state acquires the
property of minority educational
institutions
2. Personal cultivation with in the
ceiling limit
 Constitutional Remedies (Article 32)
Habeas Corpus – To have the body of
- Issued by a court to a person who
has detained another person
- The court examines the cause and
legality of the detention

Mandamus – We command
- Issued by a court to a public official
- To perform his/her duties
Constitutional Remedies (Article 32)
Prohibition – To Forbid
- From a higher court to lower court
- When high court exceeding its
jurisdiction
Certiorari – To be certified / To be
informed
- From higher court to lower court
- Squash the order
Quo warranto - by what authority or
warrant
- Enquire into the legality of claim of a
person to a public office
- Prevents illegal usurpation of a
public office

Supreme court – Article 32

Article 33 - It empowers the parliament to
restrict or abrogate the fundamental rights of
the members of armed forces , police forces ,
intelligence agencies ,etc.

Article 34 - Martial Law

Restrictions on fundamental rights while
martial law in force in any area with in the
territory of India
- Implicit in nature
Article 35 - Power to make laws , to give effect
to certain fundamental rights shall vest only in
the parliament not in the state legislatures
Examples
- Changes in the article 16
- Changes in the writ
- Martial law
 Fundamental Duties

Inspired from the constitution of USSR /

Russia
Sardar Swaran Singh Committee
42nd Constitutional Amendment , 1976
Part IV-A
Article 51-A

11th Fundamental Duties – 86th

Constitutional Amendment 2002
 Fundamental Duties
▪ Abide by the Indian Constitution and
respect its ideals and institutions, the
National Flag and the National Anthem
▪ Cherish and follow the noble ideals that
inspired the national struggle for freedom
▪ Uphold and protect the sovereignty, unity
and integrity of India
▪ Defend the country and render national
service when called upon to do so
▪ Develop scientific temper, humanism and
the spirit of inquiry and reform
▪ Safeguard public property and to abjure
violence
▪ Strive towards excellence in all spheres of
individual and collective activity so that
the nation constantly rises to higher
levels of endeavor and achievement
 Fundamental Duties
❖ Promote harmony and the spirit of
common brotherhood amongst all the
people of India transcending religious,
linguistic and regional or sectional
diversities and to renounce practices
derogatory to the dignity of women
❖ Value and preserve the rich heritage of the
country’s composite culture
❖ Protect and improve the natural
environment including forests, lakes, rivers
and wildlife and to have compassion for
living creatures
❖ Provide opportunities for education to his
child or ward between the age of six and
fourteen years. This duty was added by the
86th Constitutional Amendment Act, 2002
 Polity
Election commission of India
- Article 324 to 329 A
- Appointed by President
- No Qualification, Term, etc.
Comptroller and Auditor General of India
- Article 148 to 151
- Removed by Judge of Supreme Court
Attorney General of India
- Article 76
- Highest Law officer
- Qualified as a Judge of Supreme Court
Advocate General of the state
- Article 165
 Polity
Goods and Services Tax (GST) council
- Article 279A , 366 , 269A
- Chairman – Finance Minister
- 101st Constitutional Amendment 2016
National Commission for SC – Article 338
National Commission for ST – Article 338A
National Commission for BC – Article 338B
NITI Aayog
- 1st January 2015
- Chairman ; Prime Minister
- Vice Chairman and CEO ; Appointed by PM
National Human Rights Commission
- Retired CJI / J of Supreme Court
- 3/70
 Polity
Supreme Court
Article 131 – Original Jurisdiction
Article 143 – Advisory
Appointed by the President
Collegium system

High courts (25)

UT - Delhi , Jammu and Kashmir ,
Ladakh
Polity – Important Facts
35th CA 1974 – Associate state
36th CA 1975 – Full fledged state
(Sikkim)
Jammu and Kashmir – Article 370

Prime minister as a chairman

- Inter state council
- NITI Aayog
- NDMA
Appointed by the President

President appointed by the CJI

 Directive Principles of State Policy
Derived from Irish

Part IV

Ambedkar – Novel Feature of the

constitution

Socialistic- Article 39 A , 39 a to f

Gandhian – Article 40 , 46 , 47

Liberal Intellectuals – Article 44 , 49 , 50 , 51

Preamble
 Important Articles
Article 72 – Pardoning Power of
President
Article 61 – Impeachment of the
President
Article 64 – office of Vice President
Article 123 – Ordinance
Article 74 – aid and advice of
President
Article 75 – Collective Responsibility
Article 78 – Duties of Prime Minister
Important Articles

Article 44 – Uniform Civil Code

Article 54 – Election of President
Article 110 – Money Bills
Article 112 – Budget
Article 131 – Original Jurisdiction of
Supreme Court
Article 280 – Finance Commission
Important Articles

Article 352 – National Emergency

Article 356 – President’s Rule
Article 360 – Financial Emergency
Constitutional Amendments
7th CA 1956 - Reorganization of
states on linguistic lines
10th CA 1961 - The Annexation of
Dadra and Nagar Haveli
99th CA 2014 – National Judicial
Appointment Commission
100th CA 2015 – Territories
Exchange between India and
Bangladesh
101st CA 2016 – GST
102nd CA 2018 – National
Commission for Backward
Classes
Constitutional Amendments
103rd CA 2019 – Economically Weaker
Sections
104th CA 2019 – To extend the
reservation of seats for SCs and STs in the
Lok Sabha and states assemblies AND
Removed the reserved seats for the
Anglo-Indian community in the Lok
Sabha and state assemblies
105th CA 2021 – Amended Article 338B,
342A and 366 ; To restore the power of
the state governments to identify Other
Backward Classes
106th CA 2023- Women Reservation Act
Constitutional Amendment (Article 368)

Special majority (50 % and 2/3)

No provision for joint sitting

If federal (Half of the states)

Assent to the President

Bill = Act
 Article 368

Special Majority
- Fundamental Rights
- Directive Principles of State
Policy
Article 368
Special Majority of parliament and
consent of states
• Election of the President and its
manner.
• Extent of the executive power of the
Union and the states.
• Supreme Court and high courts.
• Distribution of legislative powers
between the Union and the states.
• Any of the lists in the Seventh Schedule.
• Representation of states in Parliament.
• Power of Parliament to amend the
Constitution and its procedure (Article
368 itself).
Sources
Government of India Act , 1935
• Federal Scheme
• Office of governor
• Judiciary
• Public Service Commissions
• Emergency provisions
• Administrative details

Australia - Concurrent list , Freedom

of trade, commerce and intercourse ,
Joint-sitting of the two Houses of
Parliament
Features
Canada
• Federation with a strong Centre
• Vesting of residuary powers in the
Centre
• Appointment of state governors
by the Centre
• Advisory jurisdiction of the
Supreme Court
Ireland
• Directive Principles of State Policy
• Nomination of members to Rajya
Sabha
• Method of election of the
president
Sources
Japan - Procedure Established by law
Soviet Union / Russia
• Fundamental duties
• Ideals of justice (social, economic and
political) in the Preamble
 Sources
USA
• Fundamental rights ,Independence
of judiciary , Judicial review ,
Impeachment of the president ,
Removal of Supreme Court and
High Court judges , Post of vice-
president
UK
• Parliamentary government
• Rule of Law
• Legislative procedure
• Single Citizenship
• Cabinet system
• Prerogative writs
• Parliamentary privileges
• Bicameralism
 Features
Germany (Weimar)
Suspension of Fundamental Rights
during emergency

South Africa
• Procedure for amendment in the
Indian Constitution
• Election of members of Rajya
Sabha
France
• Republic
• Ideals of liberty, equality and
fraternity in the Preamble
 Schedules
First Schedule
It contains the name of States and
Union Territories
Territorial Jurisdiction of states is
also included
Second Schedule
• The provisions in relation to
allowances, privileges,
emoluments of:
• President of India
• Governors of Indian States , etc.
 Schedules
Third Schedule
It contains the forms of oath and
affirmation for:
• Union Ministers of India
• Members of Parliament (MPs) , etc..
Fourth Schedule
It contains the provisions in relation
to the allocation of seats for States
and Union Territories in the Rajya
Sabha
Fifth Schedule
It contains provisions in relation to
the administration and control of
scheduled areas and scheduled tribes
 Schedules
Sixth Schedule
It contains provisions in relation to the
administration of tribal areas in the
states of Assam, Meghalaya, Tripura
and Mizoram
Seventh Schedule
Division of Powers / Lists
Union – 98 , State – 59 , Concurrent –
52
Eighth Schedule
It deals with the 22 official languages
recognized by the Constitution of India
 Schedules
Ninth Schedule
It deals with the state acts and
regulations and Parliament

Tenth Schedule
It contains provisions relating to
disqualification of the members of
Parliament and State Legislatures on the
ground of defection
Eleventh Schedule
Schedules
It contains the provisions that specify the
powers, authority and responsibilities of
Panchayats. It has 29 matters.
This schedule was added by the 73rd
Amendment Act of 1992
Twelfth Schedule
It deals with the provisions that specify
the powers, authority and
responsibilities of Municipalities. It has
18 matters.
This schedule was added by the 74th
Amendment Act of 1992
 Parts
Part I – The Union and its Territories
Part II – Citizenship
Part III – Fundamental Rights
Part IV – Directive Principles of State
Policy
Part IV A – Fundamental Duties
Part V – The Union
Part VI – The States
Part VIII – The Union Territories
 Parts
Part IX – The Panchayats
Part IXA – The Municipalities
Part IXB – The Co-operative Societies
Part X – The Scheduled and Tribal
Areas
Part XI – Relation between the Union
and the States
Part XII – Finance, Property,
Contracts and Suits
 Parts
Part XIII – Trade, Commerce and
Intercourse within the territory
of India
Part XIV – Services Under the
Union and the States
Part XIVA – Tribunals
Part XV – Elections
Part XVI – Special provisions
relating to certain classes
Part XVII – Official language
 Parts
Part XVIII – Emergency Provisions
Part XIX – Miscellaneous
Part XX – Amendment of the
Constitution
Part XXI – Temporary, Transitional
and Special Provisions
Part XXII – Short Title,
Commencement, Authoritative Text in
Hindi and Repeals
 Method of Election
Proportional Representation by
means of single transferable vote
and voting by a secret ballot

Qualifications
- 35 years
- Qualified for election as a
member of the Lok Sabha
- Should not hold office of Profit.

Oath / Affirmation
- Chief Justice of India
 Veto Over State Bills
Article 200

When a state bill is passed to the

governor , he has four alternatives

Article 201
When a state bill is passed to the
President , he has three alternatives
 Pardoning Power
Article 72
Pardon – Completely absolves the
convict from all the sentences.

Commutation – Denotes the

substitution of one form of
punishment for a lighter form

Remission – It implies reducing the

period of sentence without changing
its character
 Pardoning Power
Respite – it denotes awarding a
lesser sentence in place of one
originally awarded due to some
special fact

Reprieve – a stay of the execution

of a sentence for a temporary
period
 Composition of Rajya Sabha
Maximum strength – 250

Representation of states – elected by

the members of state legislative
assemblies
Representation of Union Territories –
indirectly elected
Nominated members
- 12 ( Art , Literature , Science and
Social Service
Composition of Lok Sabha
Maximum Strength – 552

Representation of states – Directly

elected by the people

Representation of Union Territories

– Union Territories (Direct Election
to the house of the people ) Act ,
1965
Nominated members - Removed
 Duration of Sabha’s
Rajya Sabha
- Continuing chamber
- 1/3rd of the member retires every
second year
- Constitution has not fixed the
term
- According to the Representation
of the People Act (1951) , term
shall be 6 years

Lok Sabha
- 5 years from the date of its first
meeting
1773 - Regulating Act

• Governor of Bengal to
Governor General of Bengal
(Warren Hastings)
Pitts India Act of 1784
• System of double government
Charter Act of 1833
Governor General of Bengal to
Governor General of India
William Bentinck- First Governor
General of India
 Charter Act of 1853

▪ Introduction of open competition system for

selection and recruitment of civil servants.
Government Of India Act of 1858
Change of designation from Governor General of India
to Viceroy
Government Of India Act of 1909
• Minto – Morley Reforms
• Separate Electorate
• S.P.Sinha- First Indian to join the
Viceroy Executive council
 Government Of India Act of 1919

• Montagu Chelmsford Reforms

• Bi-cameralism (Upper House and
Lower House)
• Direct Elections
Government Of India Act of 1935

• Introduced Provincial Autonomy

• Dyarchy at centre announced
• Bicameralism 6 out of 11 provinces
• Extended Separate Electorate for
Depressed classes ,Women and
Labor(Workers).