Part - III, Fundamental Rights (Article 12-35)

Originally, the Constitution provided seven Fundamental Rights. It is also known as the Magna Carta of India. Inspired form constitution of USA. 

Article 12 - Defined the term for the purposes of Part III. According to it, state includes -

1. Government and Parliament of India.
2. Government and Legislature of states.
3. All local authority - Municipalities, Panchayats, district board, improvement trust etc.
4. All statutory and non-statutory authority like LIC, ONGC, SAIL etc.

Article 13 - All law that are inconsistent with or in derogation of any of the fundamental rights shall be void.

1. Doctrine of Judicial review.
2. SC - Article 32
3. HC - Article 226
4. It includes
• Permanent law
• Temporary law
• Executive legislation - order, byelaw, rule, regulation or notification.
• Non legislative source of law.

Right to Equality (Article 14-18) (ED OUT)

1. Article 14 - Equality before law (British origin) and equal protection of law (US origin).
2. Article 15 - Prohibition of discrimination on ground of religion, race, caste, sex or place of birth.
3. Article 16 - Equality of opportunity in public employment.
4. Article 17 - Abolition of Untouchability
5. Article 18 - Abolition of Titles except military and academic.
• It prohibits only hereditary titles of nobility.
• Prohibit citizen for conferring any titles from foreign state.
• Foreign holding any office of profit cannot accept foreign titles without consent of the President.
• No citizen or foreigner holding office of profit accept present, emolument or office from under any foreign state without consent of the President.

Four exceptions to the general rule of Non-discrimination

1. State is permitted to make special provision for women and children.
2. The state is permitted to make special provision for advancement of any socially and educationally backward class.
• Reservation of seats and fee concession in educational institution.
• Admission to educational institution including private institution whether aided or unaided by the state, except the minority educational institution.
3. The state is empowered to make any special provision for the advancement of any economically weaker section of citizen.
• 103rd Constitutional Amendment Act 2019.
• 10% reservation in educational institution including private educational institution, weather aided or unaided by the states, except the minority educational institutions.
• Person whose gross family income is below 8 lakh.
• Person whose family possess any of the following assets are excluded -
• 5 acre of agricultural land and above.
• Residential flat of 1000 sq.ft and above.
• Residential plot of 100 sq,ft and above in any notified municipalities.
• Residential plot of 200 sq.yard and above in area other than the notified municipalities.
4. Reservation of OBCs in educational institution
• Added by 93rd amendment act of 2005.
• Central Education Institution (Reservation in Admission) Act 2006.
• 27% quota for OBCs in central higher educational institution.
• SC directed to exclude creamy layer.
• Person holding constitutional post.
• Group A / Class I and Group B / Class II officers in central and state services including PSUs.
• Person who are in rank of colonel and above in Armed Forces.
• Professions like - doctors, lawyers, engineers, artists, author, consultants and so on.
• Person engaged in trade business and industry.
• Holding agricultural land above certain limit.
• Person having gross annual income of more than 8 lakh.

Exception of Equality

1. Article 361 - President of India and Governor of States enjoy the following immunities.
• Not answerable to any court.
• No criminal proceedings shall be instituted.
• No process for arrest or imprisonment.
• No civil proceedings.
2. Article 361-A
3. Article 105: No MP shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament or any committee thereof.
4. Article 194: Same for state legislature.
5. Article 31-C - SC held that "where Article 31C comes in, Article 14 goes out.
• Law made by the state for implementing the DPSP contain clause (a) or clause (c) of Article 39 cannot be challenged on the ground that they are violative of FRs.
6. Foreign sovereigns, ambassadors and diplomats enjoys immunity from criminal and civil proceedings.
7. The UNO and its agencies enjoy the diplomatic immunity.

Exception of Article 16

1. Parliament can prescribe residence as a condition for certain employment. Public Employment (Requirement as Resident) Act 1957 expired in 1974. (Except - Andhra Pradesh and Telangana)
2. Reservation for backward class.
3. Office related to religious or denominational institution should be held by particular religion of denomination.
4. 10% reservation for economically weaker section of citizens.

Mandal Commission

1. Morarji Desai government - Backward class commission under the chairmanship of BP Mandal.
2. Article 340: Investigate the condition for socially and educationally backward.
3. Recommendation
• Identified 3743 castes as socially and educationally backward classes.
• They constitute 52% of component of population, excluding SCs and STs.
• 27% government jobs for OBCs.
• Condition stated by SC.
• Creamy layer should be excluded.
• No reservation in promotion.
• Total reservation quota should not exceed 50%.
• Carry forward rule for unfilled vacancy is valid but it should not violate 50% rule.
• Permanent statutory body should be established to examine complaint of over-inclusion and under-inclusion in the list of OBCs.
• Action taken by government.
• Ram Nandan Commission - Identify the creamy layer.
• National Commission of Backward class was created in 1993 by an act of Parliament.
• 102nd Amendment Act 2018 - Constitutional status on the commission and also enlarged its function.
• 77th Amendment Act 1995 - Added a new provision in Article 16 that empowers the state to provide for reservation in promotion.
• 81st Amendment Act 2000 - Added new provision in Article 16 - For unfilled reserved vacancies, 50% ceiling is not followed.
• 85th Amendment Act 2001 - Consequential seniority in the case of promotion.

Right to Freedom (Article 19-22) (ROPE Against Arrest and detention) (SAAM RP)

1. Article 19 - Protection of six rights
• Speech and Expression
• Assembly
• Association
• Movement
• Residence
• Profession
2. Article 20 - Protection in respect of conviction of offence.
3. Article 21 - Protection of Life and Personal Liberty
• Gopalan case (1950): Protection under Article 21 is available only against arbitrary executive action and not from arbitrary legislative action.
• Menaka case (1978): SC overruled its previous judgement in Gopalan case. It ruled that the right to life and personal liberty of a person can be deprived by a law provided the procedure prescribed by that law is reasonable, fair and just.
4. Article 21A - Right to elementary education (Added by 86th Constitution Amendment Act 2002).
• Right to Compulsory Education Act 2009.
• Before: Article 45 (DPSP) - Provision for free and compulsory education for children.
• After: State shall endeavor to provide early childhood care and education for all children until they complete the age of six years.
5. Article 22 - Protection against arrest and detention.
• Punitive Detention
• Right to be informed of the grounds of arrest.
• Right to consult and be defended by a legal practitioner.
• Right to produce before magistrate within 24 hours including the journey time.
• Right to be released after 24 hours unless the magistrate authorizes further detention.
• Preventive Detention
• Detention cannot be exceeding 3 months unless advisory board reports sufficient cause for extended detention.
• Ground of detention should be communicated to detenu.
• The detenu should be afforded an opportunity to make representation against the detention order.

Right against exploitation (Article 23-24)

1. Article 23 - Prohibition of traffic in human beings and forced labour.
2. Article 24 - Prohibition of Employment of children in factories etc.

Right to freedom of Religion (Article 25-28)

1. Article 25 - Freedom of conscience and free profession, practice and propagation of religion.
2. Article 26 - Freedom to manage religious affairs.
3. Article 27 - Freedom from payment of taxes for promotion of any religion.
• Provision prohibits only levy of a tax and not a fee.
4. Article 28 - Freedom from attending religious instruction or worship in certain educational institutions.

Cultural and Educational Rights (Article 29-30)

1. Article 29 - Protection of language, script and culture of minorities.
2. Article 30 - Right of minorities to establish and administer educational institutions.

Right to Property (Article 31) - Deleted from the list of FRs by the 44th Constitutional Amendment Act, 1978. It made legal right under Article 300-A in Part XII of the Constitution.

Right to Constitutional Remedies (Article 32) - Right to move to SC for the enforcement of Fundamental right including the writs -

1. Habeas Corpus
2. Mandamus
3. Certiorari
4. Prohibition
5. Quo War-rento

Article 33

Application of fundamental rights to a member of armed forces, para-military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament.

Article 34

Application can be restricted while martial law is in force in any area.

Article 35 - Most of them are directly enforceable while a few of them can be enforced on the basis of a law made for giving effect to them.