Fundamental Rights parts 1: Overview
Enshrined in: Part III, Articles 12–35 of the Constitution
Description: Called the Magna Carta of India; guarantees basic rights and freedoms to individuals.
Originally included Right to Property (Article 31), removed by 44th Amendment (1978) and now under Article 300-A.
Key Points:
Protected by Constitution: Unlike ordinary legal rights, Fundamental Rights are enforceable by courts.
Available to: Some rights to all persons (citizens, foreigners, legal entities), others only to citizens.
Not absolute: Parliament can amend via constitutional amendment; reasonable restrictions apply.
Justiciable: Individuals can approach Supreme Court (Art. 32) or High Courts (Art. 226).
Suspension: During National Emergency, except Articles 20 & 21.
Article 19 freedoms suspended only during external emergency, not internal rebellion.
Restrictions: Application can be limited for armed forces, paramilitary, police, intelligence, or under martial law (Art. 33).
Protected by Constitution: Unlike ordinary legal rights, Fundamental Rights are enforceable by courts.
Available to: Some rights to all persons (citizens, foreigners, legal entities), others only to citizens.
Not absolute: Parliament can amend via constitutional amendment; reasonable restrictions apply.
Justiciable: Individuals can approach Supreme Court (Art. 32) or High Courts (Art. 226).
Suspension: During National Emergency, except Articles 20 & 21.
Article 19 freedoms suspended only during external emergency, not internal rebellion.
Restrictions: Application can be limited for armed forces, paramilitary, police, intelligence, or under martial law (Art. 33).
Classification of Fundamental Rights
| Available to Citizens & Others | Available Only to Citizens |
|---|---|
| Equality before law (Art. 14) | Right to equality of opportunity in public employment (Art. 16) |
| Prohibition of discrimination (Art. 15) | Protection of six freedoms (Art. 19) |
| Protection in respect of conviction (Art. 20) | Right to elementary education (Art. 21A) |
| Protection of personal life & liberty (Art. 21) | Protection of language, script, culture of minorities (Art. 29–30) |
| Protection against arrest & detention (Art. 22) | Right of minorities to establish & administer educational institutions (Art. 30) |
| Prohibition of human trafficking & forced labour (Art. 23) | Freedom to practice any profession or occupation |
| Prohibition of child labour in factories (Art. 24) | Freedom of religion & management of religious affairs (Art. 25–28) |
| Freedom of conscience & religion | Freedom from taxes for promotion of religion & attending religious instruction |
Right to Equality (Articles 14–18)
Article 14 – Equality Before Law:
Applies to all persons (citizens, foreigners, corporations).
Exceptions: President/Governor immunity (Art. 361), Parliament/State Legislature speech immunity (Arts. 105 & 194), foreign diplomats.
Article 15 – Prohibition of Discrimination:
No discrimination on religion, race, caste, sex, or place of birth.
Exceptions: Special provisions for women, children, backward classes (reservations, education).
Article 16 – Equality of Opportunity:
Equality in public employment appointments.
Exceptions: Reservation for backward classes, religious/denominational institutions.
Article 17 – Abolition of Untouchability:
Untouchability is illegal; offences include preventing entry, denying services, insulting, or preaching untouchability.
Conviction leads to disqualification from Parliament or State Legislature.
Article 18 – Abolition of Titles:
No state-conferred titles (except military/academic distinctions).
Citizens cannot accept foreign titles without President’s consent.
Foreigners holding offices under India also restricted from accepting foreign titles without consent.
Article 14 – Equality Before Law:
Applies to all persons (citizens, foreigners, corporations).
Exceptions: President/Governor immunity (Art. 361), Parliament/State Legislature speech immunity (Arts. 105 & 194), foreign diplomats.
Article 15 – Prohibition of Discrimination:
No discrimination on religion, race, caste, sex, or place of birth.
Exceptions: Special provisions for women, children, backward classes (reservations, education).
Article 16 – Equality of Opportunity:
Equality in public employment appointments.
Exceptions: Reservation for backward classes, religious/denominational institutions.
Article 17 – Abolition of Untouchability:
Untouchability is illegal; offences include preventing entry, denying services, insulting, or preaching untouchability.
Conviction leads to disqualification from Parliament or State Legislature.
Article 18 – Abolition of Titles:
No state-conferred titles (except military/academic distinctions).
Citizens cannot accept foreign titles without President’s consent.
Foreigners holding offices under India also restricted from accepting foreign titles without consent.
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