Introduction

The Constitution offers all citizens, individually and collectively, some basic freedoms. These are guaranteed in the Constitution in the form of six broad categories of Fundamental Rights, which are justifiable. Article 12 to 35 contained in Part III of the Constitution deal with Fundamental Rights.

Article 12 - Definition

Article 12 of the Indian Constitution defines the term "State" as used in Part III, which deals with Fundamental Rights, including the Government and Parliament of India, the Government and Legislature of each state, and all local or other authorities within India, or under the control of the Government of India.

Article 13 is crucial because it establishes that any law, whether existing or future, that contradicts the fundamental rights guaranteed in Part III of the Constitution is invalid.

The term "law" in Article 13 is broadly defined and includes ordinances, orders, bye-laws, rules, regulations, notifications, customs, and usages having the force of law.

Right to Equality (Articles 14 – 18)

Article 14

Article 14 of the Indian Constitution, part of the "Right to Equality," guarantees that the state shall not deny any person equality before the law or the equal protection of the laws within the territory of India. This means that everyone is treated equally under the law, regardless of their background.

Importance:

Article 14 is crucial for maintaining a just and equitable society by ensuring that all individuals are treated fairly and have equal access to the legal system.

Article 15

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.

Importance:

It ensures that no citizen can be denied access to public places, shops, restaurants, hotels, or places of public entertainment based on these grounds.

While prohibiting discrimination, Article 15 also allows the state to make special provisions for women and children, and for socially and educationally backward classes of citizens, including Scheduled Castes and Scheduled Tribes.

Article 16

Equality of opportunity in matters of public employment.

Importance:

Article 16 is a fundamental Right which guarantees equal opportunity in public employments of state to all the citizens of India. It prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth, residence, or any of them in respect of any employment or office under the State.

Article 17

Abolition of Untouchability

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be an offence punishable in accordance with law.

Article 18

Abolition of titles

(1) No title, not being a military or academic distinction, shall be conferred by the State. This means the government cannot bestow titles like "Raja" or "Maharaja" or any other titles that could create a sense of social hierarchy.

Exemptions:

Military and academic distinctions are exempt from the prohibition of titles. Examples of military distinctions include "ParamVir Chakra" and academic distinctions include "Doctor" or "Professor".

National Awards:

National awards like Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri are not considered titles under Article 18 and are permissible.

Right to Freedom (Article 19 – 22)

Article 19

(1) All citizens shall have the right—

(a) to freedom of speech and expression;

(b) to assemble peaceably and without arms;

(d) to move freely throughout the territory of India;

(e) to reside and settle in any part of the territory of India; and

(g) to practise any profession, or to carry on any occupation, trade or business.

Article 20

Article 20 of the Indian Constitution provides protection in respect of conviction for offences, specifically prohibiting ex post facto laws, double jeopardy, and compelling someone to be a witness against themselves.

· No ex post facto laws (Article 20(1)):

No person can be convicted of an offense unless it violates a law in force at the time of the offense, nor can they be subjected to a greater penalty than what was prescribed at the time.

· No double jeopardy (Article 20(2)):

No person shall be prosecuted and punished for the same offense more than once.

· Right against self-incrimination (Article 20(3)):

No person accused of an offense shall be compelled to be a witness against themselves.

Article 21 of the Indian Constitution guarantees the fundamental right to protection of life and personal liberty, ensuring no person can be deprived of these rights except according to a procedure established by law.

Article 21 has been interpreted broadly by the Supreme Court, encompassing various aspects of life and liberty, including:

· Right to live with dignity: This includes the right to a livelihood, a healthy environment, and freedom from arbitrary arrest or detention.

· Right to personal liberty: This includes freedom of movement, freedom of expression, and freedom of choice in matters like marriage.

· ExExamples of Rights under Article 21:

· Right to a fair trial: A person accused of a crime has the right to a fair and just legal process.

· Right to privacy: While not explicitly mentioned, the right to privacy is considered an integral part of the right to personal liberty.

· Right to health and medical care: The right to life includes the right to basic healthcare and access to medical facilities.

· Right to education: The 86th Amendment Act of 2002 inserted Article 21A, making the right to education a fundamental right for children between 6 and 14 years.

Article 21A:

The Constitution (Eighty-sixth Amendment) Act, 2002 inserted Article 21-A, which guarantees the right to free and compulsory education for children aged 6 to 14.

Article 22

Protection against arrest and detention in certain cases.

It provides protection against arrest and detention in certain cases, ensuring that no person arrested is detained without being informed of the grounds for arrest and the right to consult a lawyer, and must be produced before a magistrate within 24 hours.

RIGHT AGAINST EXPLOITATION

(ARTICLES 23-24)

Article 23

Prohibition of traffic in human beings and forced labour.

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Article 24

Prohibition of employment of children in factories, etc.

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

RIGHT TO FREEDOM OF RELIGION

(ARTICLES 25-28)

ARTICLE 25

Freedom of conscience and free profession, practice and propagation of religion.

Individuals are free to openly express their religious beliefs, practice their religion, and share their faith with others.

ARTICLE26

Freedom to manage religious affairs.

· Freedom to Manage Religious Affairs: Article 26 ensures that every religious denomination or section thereof has the right to manage its own affairs in matters of religion.

· Establish and Maintain Institutions: This includes the right to establish and maintain institutions for religious and charitable purposes.

· Own and Acquire Property: Religious denominations can own and acquire movable and immovable property.

· Administer Property: They have the right to administer such property in accordance with law.

ARTICLE27

Freedom as to payment of taxes for promotion of any particular religion.

Article 27 of the Indian Constitution guarantees freedom as to payment of taxes for the promotion of any particular religion, ensuring that no person is compelled to pay taxes whose proceeds are specifically used for the promotion or maintenance of a particular religion or religious denomination.

ARTICLE 28

Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Article 28 of the Indian Constitution pertains to the freedom of religion in educational institutions. It safeguards the rights of individuals, religious groups, and educational institutions with regards to religious instruction, religious worship, and attendance at religious ceremonies.

No religious instruction can be provided in any educational institution wholly maintained by state funds. This ensures that public educational institutions funded by the government remain secular and do not impart religious teachings.

In educational institutions that are not wholly maintained by state funds, religious instruction is allowed. However, it requires the consent of parents or guardians. Students attending these institutions have the right to choose whether or not to receive religious instruction. In educational institutions that are not wholly maintained by state funds, students belonging to a particular religion have the right to attend religious worship or religious instruction conducted by the institution.

CULTURAL AND EDUCATIONAL RIGHTS

ARTICLES 29-30

Cultural and educational rights in the Indian Constitution are protected under Articles 29 and 30, ensuring minority groups can conserve their language, script, and culture, and establish/administer educational institutions.

ARTICLE 29

29. (1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(2) No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

ARTICLE 30

Right of minorities to establish and administer educational institutions.

All minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice. This includes the right to determine the type of institution, its affiliation, and the right to appoint staff. The state cannot discriminate against any educational institution on the grounds of its minority status while granting aid. Minority institutions should receive the same treatment and protection as institutions established by the majority.

ARTICLE 31

Compulsory acquisition of property [REPEALED]

Article 31 of the Indian Constitution was repealed and replaced by the 44th Constitutional Amendment Act in 1978. The original Article 31 dealt with the right to property, but it was repealed and replaced by Article 300A.

It stated that no person's property could be taken away without the authority of law

It stated that if the government took private property for public use, it had to provide fair compensation

Right to Property was a Fundamental Right as per the Constitution of India till an amendment was done in 1978. This was the 44th amendment of the Constitution, Article 31 and Article 19(1)(f) was completely removed from the Part III – Fundamental Rights of Constitution. This amendment was done as the Government could not go ahead with public infrastructure projects and reforms as people started approaching the courts to prevent the acquisition of private property.

RIGHT TO CONSTITUTIONAL REMEDIES

ARTICLE 32

Article 32 grants every individual the right to move the Supreme Court for the enforcement of their fundamental rights. This means that if someone believes their fundamental rights have been violated, they can approach the Supreme Court directly for relief. It also ensures that not only do individuals have the right to move the Supreme Court, but the Court also has the power to issue appropriate orders, directions, or writs for the enforcement of fundamental rights.

The Supreme Court can issue five types of writs under Article 32:

Habeas Corpus: To ensure the release of a person who has been unlawfully detained.
Mandamus: To direct a public official or authority to perform a duty they are legally bound to perform.
Prohibition: To prevent a lower court or tribunal from exceeding its jurisdiction.
Certiorari: To quash an order passed by a lower court, tribunal, or authority.
Quo Warranto: To inquire into the legality of a person's claim to a public office.

ARTICLE 33

Article 33 of the Constitution of India gives Parliament the power to limit or remove fundamental rights for certain groups of people. This includes members of the armed forces, police, and intelligence agencies.

The Constitution (Fiftieth Amendment) Act, 1984, dealt with the modification of Article 33 majorly. The Act has been amended to include employees working for the State for purposes of intelligence and counterintelligence bureaus, as well as those hired for telecommunication systems related to any Force, bureau, or organization. This amendment was made to ensure that employees perform their duties properly and maintain discipline.

ARTICLE 34

Article 34 of the Constitution of India allows Parliament to pass laws that indemnify individuals, including government servants, for actions taken during martial law to maintain or restore order, and to validate any sentences, punishments, or acts done under such law.

Article 34 of the Indian Constitution outlines how fundamental rights are limited when martial law is declared in a certain area.

· Indemnity for Actions:

When martial law is in force, the Parliament can protect individuals especially state officials from being legally responsible for actions taken to maintain or restore order.

· Validation of Military Court Sentences:

Any sentences passed by the military courts during martial law are recognized.

· Suspension of Ordinary Courts:

While martial law is in effect, regular courts are not operational. Legal matters handled by military courts. The Supreme Court and High Courts cannot review military court decisions during this time.

The following are the requisite conditions for indemnity to apply under Article 34 -

· The action must be aimed at maintaining or restoring order.

· Martial law must be officially declared in that area.

ARTICLE 35

Legislation to give effect to the provisions of this Part.

Article 35 of the Constitution of India gives Parliament the power to make laws that enforce fundamental rights. It also allows Parliament to prescribe punishment for offenses related to fundamental rights.