PART III - Fundamental Rights (A12-35)

Sno. Heading
1
2
INTRODUCTION
(ARTICLE 12-13)

Particulars
ARTICLE
Miscelleneous
"State" includes GOI & parliament of India,State govt. & legislature & Local Govts.
12
Laws(before commencement of this constitution) inconsistent with or in derogation of FR shall
be VOID
13(1)
State shall not make laws which takes away or abridges the FR conferred by this part, if made
then it would be VOID.
13(2)

13(3)
13(4)
3
4

14
15(1)
15(2)
15(3)
15(4)

RIGHT TO
EQUALITY
(Article 14-18)

15(5)
16(1)
16(2)
16(3)
16(4)
16(4A)
16(4B)

"Law" - ordinance, order, bye law,rule, regulation,notification,custom or usage having in TOI

"Law in force" - law made by legislature before commencement of this constitution.
Nothing in this article shall apply to any amendment U/A 368
Equality before Law & Equal protection of Laws
Prohibits state from discriminating against its citizen on grounds "only on" RRCSP
No discrimination - RRCSP - in access to SPHP & use of WTB etc mainitained out of public
funds
State can make special provision for WOMENS & CHILDREN
State can make special provision for advancement of socially & educationally backward
classes of citizens or SC/ST.
15(4) + in relation to EI including private EI (chahe fund state se milte hon yaa nahin) BUT
excluding Minority EI U/A 30(1)
Equality of Oppurtunity in Public Employment or apptt. To any office under state.
Prohibits state from discriminating against its citizen on grounds "only on" RRCSP DR w.r.t
employment or office under the state.
R (RESIDENCE) - can be a condition of public employment
Reservation for BC in public employment if they are not adequately represented.
Reservation in PROMOTION for SC/ST in public employment if they are not adequately
represented.
Vacancies falling under carry forward policy shall allways remain separate from regular
vacancies arising in a particular year.

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7

17
18

19(1)(a)
19(1)(b)
19(1)(c)
19(1)(d)
19(1)(e)
19(1)(f)
19(1)(g)

20
20(1)

RIGHT TO
FREEDOM
(Article 19-22)

20(2)
20(3)

10

21

11
12

21A
22
22(1)
22(2)
22(3)
22(4)

Abolition of Untouchability in all forms

Abolition of Titles
Freedom of Speech & Expression. (Xpress views,opinions, belief, convictions freely by word of
mouth, writing, printing, picturing), Freedom of Press,agnst tapping of telephonic
conversation,RTI.
Assemble Peacebly & without arms ( hold public meetings, demonstrations,processions BUT
NOT STRIKE.)
Form Association,Union or co-operative societies.(Members of Armed Forces,Paramilitary
forces & state police forces can't form Political association or Trade Union.)
Right to move freely throughout the territory of India.(Promote national feeling) (Except in
Tribal areas)
Right to reside & settle in any part of TOI
REPEALED
Right to practice any profession or to carry or any occupation, trade or business
Protecion in respect of CFO (conviction for Offences) - Agnst arbitrary & excessive
punishment(Citizen or foreigner/Artificial Legal person)
No Ex-post-facto Law (Non imposition of Retrospective Penalities)
No Double Jeopardy (No person shall be prosecuted & punished for same offence more than
1ce.
No Self Inscrimination (1 cant be witness agnst himself)
Protection of Life & Personal Liberty ( DOPEBL + DODPL(PNJ))
Right to Die with Dignity (Legality of Euthanasia - Passive Euthanasia(Brain dead or on PVS) survival on ELSS (case to case basis - SC)
Active Euthanisia - Mentally Alert ,Terminal Illness, Capable of survival - AE if practiced then CRIME Under Law.
RTE - State shall provide free & compulsory education to all children of age 6 - 14 yrs for 8 yrs
of Primary education.
Protection Against Arrest & Detention in certain cases
Right to be informed of the grounds for such arrest,to consult & to be defended by a legal
practitioner.
Produced before nearest magistrate within 24 hrs of such arrest.
22(1) & 22(2) shall not apply to an enemy alien or under preventive detention.
In cases of Preventive detention - detention can't exceed 3 months unless an advisory
board(Judge of HC) reports sufficient cause for extended detention.

22(5)
22(6)
22(7)

13

RIGHT AGNST
EXPLOITATION
(Article 23-24)

14

15

23(2)

Prohibition of Traffic in human beings & forced labour(begar) - Punishable by Law in case of
contravention.
State can impose compulsory service for public purpose. No discrimination on grounds "only
on" RRCC(Class).

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Prohibits the employment of children below the age of 14 yrs in HAZARDOUS INDUSTRIES.

23(1)

25(1)
25(2)(a)

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17
18

RIGHT TO
FREEDOM OF
RELEGION
(Article 25-28)

25(2)(b)
26
27
28
28(1)
28(2)
28(3)

19

29
29(1)
CULTURAL &
EDUCATIONAL
RIGHTS
(Article 29-31)

Right to be informed of the grounds for such arrest,to consult & to be defended by a legal
practitioner.
The Advisory Board can't disclose information which is agnst public interest.
Parliament can make laws for extended detention (22)(4)

29(2)

All persons are equally entitled to freedom of conscience & have right to freely profess,practice
& propagate relegion subject to public morality.
State can regulate or restrict any economic, financial,political or other secular activity
associated with relegion.
Provide for social welfare & reform or throw open Hindu relegious institutions of a public
character to all classes & sections of Hindus (Sikh,Jaina or Buddhist)
Freedom to manage relegious affairs.
Freedom from taxation(Levying & Collection) for promotion or maintenance of particular
Relegion.
Freedom from Attending Relegious Instruction.
EI wholly owned & maintained by STATE FUNDS - NO Relegious Instrunction
EI estbd by Relegious Endowments & charitable Trusts & maintained by state RELEGIOUS INSTT. IS PERMITTED.
EI receiving aid out of state funds & recognised by state -- RELEGIOUS INSTRUNCTION
IS PERMITTED on Voluntary Basis
Protection of Interest in Minorities
Any section of citizens residing in any part of India having a distinct language,script or culture
of its own shall have the right to conserve the same.
No citizen shall be denied admission into any EI maintained by state on grounds of
RRCL(Language)

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CULTURAL &
EDUCATIONAL
RIGHTS
(Article 29-31)

30(1)
30(1A)
30(2)
31

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All Minorities whether based on relegion or language HAVE the right to establish &
administer EI of their choice.
If property of any minority EI is taken over by state then proper compensation shall be
sufficient for its relocation & administering itself.
No Discrimination by state in granting AID to EI on ground that it is managed by a Minority
(Relegious or Linguistic)
Compulsory Acquisition of Property - REPEALED

Saving of Laws Providing for Acquisition of Estates, etc.

31A

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SAVING OF
CERTAIN LAWS
(EXCEPTIONS TO
FR)
(ARTICLE 31A 31C)

5 CATEGORIES of laws cant be challenged and invalidated on the ground of contravention of

the fundamental rights conferred by Article 14 (equality before law and equal protection of
laws) and Article 19 (protection of six rights in respect of speech, assembly, movement,
etc.).
(a) Acquisition of estates and related rights by the State;
(b) Taking over the management of properties by the State;
(c) Amalgamation of corporations;
(d) Extinguishment or modification of rights of directors or shareholders of
corporations; and
(e) Extinguishment or modification of mining leases.
This Article also provides for the payment of compensation at market value when
the state acquires
the land held by a person under his personal cultivation and the land is within the
statutory ceiling
limit.
Validation of Certain Acts and Regulations

31B

Article 31B saves the acts and regulations included in the Ninth Schedule from being
challenged and invalidated on the ground of contravention of any of the fundamental rights.
Article 31B immunises any law included in the Ninth Schedule from all the fundamental rights
whether or not the law falls under any of the five categories specified in Article 31A.

Saving of Laws Giving Effect to Certain Directive Principles

31C

(a) No law that seeks to implement the socialistic directive principles specified in Article 39(b)
or (c) shall be void on the ground of contravention of the fundamental rights conferred by
Article 14 (equality before law and equal protection of laws) or Article 19 (protection of six
rights in respect of speech, assembly, movement, etc.)
(b) No law containing a declaration that it is for giving effect to such policy shall be questioned
in any court on the ground that it does not give effect to such a policy.

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25

32(1)
32(2)
32(3)

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32(4)
RIGHTS TO
CONSTITUTIONAL
REMEDIES
(Article 32-35)
33

27

34

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35(a)
35(b)

Individuals have the right to move the SC by filing appropriate proceedings for enforcement of
FR if found violated.
SC shall have the power to issue writs in the nature of H,M,P,C,Q for enforcement of FR.
Parliament can empower any other court (doesnot include HC - covered U/A 226)) to issue
directions,Orders, Writs etc.
Right guaranteed u/a 32 shall not be suspended except as provided by parliament (A 359 President can suspend the right to move SC for enforcement of FR during a national
emergency.
Parliament can modify the rights of Armed forces, Para-military forces, Police forces,
Intelligence agencies & Analogous forces -- To ensure proper discharge of duties &
maintenance of discipline among them.
Parliament can indemnify any govt. Servant or any other person for any act done by him in
connection with maintenance or restoration of order in any area where MARTIAL LAW was
in force.
Power to make laws to give effect A16(3),A32(3),A33,A34 shall vest only in the parliament&
NOT in State Legislatures.
Any law in force immediately before the constitution wrt articles in 35(a) shall be amended by
Parliament only