Fundamental Rights Notes for UPSC

Part III of the Indian Constitution, encompassing Article 12 to 35, deals with Fundamental Rights. This crucial section is often referred to as the 'Cornerstone of the Constitution' (Justice Subba Rao) or the 'Conscience of the Constitution' (Sajjan Singh vs. State of Rajasthan), alongside the Directive Principles of State Policy.

Features of Fundamental Rights

These rights are designed to protect individual liberties and promote social and political democracy:

• Applicability:
  • Some Fundamental Rights (e.g., Articles 15, 16, 19, 29, 30) are available exclusively to Indian citizens.
  • Others (e.g., Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28) are available to all persons, including citizens, foreigners, or legal persons like corporations.
• Nature:
  • They are largely negative in character, primarily serving as limitations on the power of the State.
  • They are justiciable, meaning individuals can move the Supreme Court (under Article 32) or High Courts (under Article 226) for their enforcement if violated.
• Limitations:
  • They are not absolute but qualified, subject to reasonable restrictions imposed by the State for public interest or security.
  • They are not sacrosanct or permanent. Parliament can amend or curtail them through a constitutional amendment act, provided it does not violate the 'Basic Structure' of the Constitution (as per Kesavananda Bharati case, 1973).
  • Most Fundamental Rights can be suspended during a National Emergency (except Articles 20 and 21).
• Specific Freedoms/Privileges: The Constitution confers specific rights and privileges to citizens, including:
  • Right against discrimination on grounds of religion, race, caste, sex or place of birth (Article 15).
  • Right to equality of opportunity in the matter of public employment (Article 16).
  • Right to freedom of speech and expression, assembly, association, movement, residence and profession (Article 19).
  • Cultural and educational rights (Articles 29 and 30).

Classification of Fundamental Rights

All Fundamental Rights are categorized under the following six groups:

• Right to Equality (Articles 14-18):
  • Article 14: Equality before law and equal protection of laws.
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 16: Equality of opportunity in matters of public employment.
  • Article 17: Abolition of Untouchability.
  • Article 18: Abolition of Titles.
• Right to Freedom (Articles 19-22):
  • Article 19: Protection of six rights regarding freedom of speech, assembly, association, movement, residence, and profession.
  • Article 20: Protection in respect of conviction for offences.
  • Article 21: Protection of life and personal liberty.
  • Article 21A: Right to elementary education (added by 86th Amendment Act, 2002).
  • Article 22: Protection against arrest and detention in certain cases.
• Right against Exploitation (Articles 23-24):
  • Article 23: Prohibition of traffic in human beings and forced labour.
  • Article 24: Prohibition of employment of children in factories, etc.
• Right to Freedom of Religion (Articles 25-28):
  • Article 25: Freedom of conscience and free profession, practice and propagation of religion.
  • Article 26: Freedom to manage religious affairs.
  • Article 27: Freedom as to payment of taxes for promotion of any particular religion.
  • Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
• Cultural and Educational Rights (Articles 29-30):
  • Article 29: Protection of interests of minorities.
  • Article 30: Right of minorities to establish and administer educational institutions.
• Right to Constitutional Remedies (Article 32):
  • Considered the 'Heart and Soul' of the Constitution by Dr. B.R. Ambedkar.
  • Empowers citizens to move the Supreme Court for the enforcement of their Fundamental Rights.
  • The Supreme Court has the power to issue writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto) for this purpose.

Right to Property

The Right to Property was originally a Fundamental Right under Article 31.

• It was deleted from the list of Fundamental Rights by the 44th Amendment Act, 1978 (during the Janata Party government).
• It was made a legal right under Article 300-A in Part XII of the Constitution. This change aimed to remove hurdles in the implementation of land reforms and other socio-economic legislations.

Article 12: Definition of State

For the purposes of Fundamental Rights, 'State' is broadly defined to include:

• The Government and Parliament of India (Union Executive and Legislative).
• The Government and legislatures of the states (State Executive and Legislative).
• All local authorities (e.g., municipalities, Panchayats, District Boards, Improvement Trusts).
• Other authorities under the control of the Government of India. This includes statutory bodies (like LIC, ONGC, SAIL) and non-statutory bodies, provided they act as an instrumentality of the State. The Supreme Court has, through various judgments, expanded this definition to cover any agency or instrumentality of the government, even a private body performing a public function.