Introduction

to the Indian
Contitution
(GE)

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Introduction to the Indian Constituion

SYLLABUS

FUNDAMENTAL RIGHTS

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Fundamental Rights in the Indian Constitution are a set of rights that are
guaranteed to every citizen of India. These rights are considered fundamental
because they are essential for the development of the individual and the nation
as a whole. They are enshrined in Part III from Article 12-35 of the
Constitution and are considered to be the cornerstone of democracy and human
rights in India.

The inclusion of Fundamental Rights in the Indian Constitution is a reflection

of India's commitment to protecting the rights of its citizens. These rights act
as a safeguard against the abuse of power by the state and ensure that every
citizen is treated equally and with dignity.

❖ Fundamental Rights place limits on the powers of the legislature and

executive. They act as a check to prevent the misuse of power and
authority.
❖ Fundamental Rights promote and protect the liberty of the individual by
restricting the arbitrary exercise of state power. They allow individuals
to live their lives according to their own beliefs and choices.
❖ By protecting civil liberties and political rights, Fundamental Rights aim
to promote the overall development of human personalities and
capabilities.
❖ Fundamental Rights ensure that all laws conform to basic constitutional
principles of justice, fairness and equality. They uphold the rule of law in
the country.
HISTORICAL BACKGROUND

The freedom struggle against British colonial rule in India played a significant
role in shaping the demand for fundamental rights. Leaders like Mahatma
Gandhi, Jawaharlal Nehru, and B.R. Ambedkar emphasized the need for
individual freedoms, equality, and social justice as part of the struggle for
independence.

The Bill of Rights, which forms the first ten amendments to the US
Constitution, was a significant influence on the drafting of the Indian
Constitution. The Bill of Rights enshrines the basic civil liberties of American
citizens and has been a model for many countries around the world.

The Universal Declaration of Human Rights, adopted by the United Nations

General Assembly in 1948, was also a significant influence on the drafting of
the Indian Constitution. The Universal Declaration sets out a common standard
of human rights for all people and was a key reference point for the inclusion
of Fundamental Rights in the Indian Constitution.

The ideas of liberty, equality, and individual rights that emerged during the
Enlightenment and found expression in documents like the Magna Carta, the
American Declaration of Independence, and the French Revolution had a
profound influence on the framing of fundamental rights in India. These
principles were studied and adopted by Indian intellectuals and freedom
fighters.
There are 6 Fundamental Rights enshrined in Part III of the Indian
Constitution from Aricle 12-35 and are considered to be an essential
component of democracy and human rights in India. Here is a list of all the
Fundamental Rights in India:

The Right to Equality is guaranteed under Articles 14-18 of the Indian

Constitution. This right ensures that every citizen of India is equal before the
law and has equal protection of the law. It prohibits discrimination based on
religion, race, caste, sex, or place of birth.

Article 14 guarantees equality before the law and equal protection of the law
to all citizens. This means that the law must be applied equally to all citizens
without discrimination.

Article 15 prohibits discrimination on the grounds of religion, race, caste,

sex, or place of birth. This means that no citizen can be denied access to public
places or services on the basis of their religion, race, caste, sex, or place of
birth.

Article 16 guarantees equality of opportunity in matters of public

employment. This means that no citizen can be discriminated against in
matters of public employment on the basis of their religion, race, caste, sex, or
place of birth.

Article 17 abolishes untouchability and makes it a punishable offense. It

prohibits the practice of untouchability in any form.

Article 18 abolishes titles and honors. It prohibits the state from conferring
any titles (like Sir, Lord, Duke) on citizens, except military or academic.
The Right to Freedom is guaranteed under Articles 19-22 of the Indian
Constitution. This right guarantees freedom of speech and expression, freedom
of assembly, freedom to form associations, freedom of movement, freedom to
reside and settle in any part of the country, and freedom to practice any
profession or occupation.

Article 19 guarantees freedom of speech and expression, which includes the

freedom to express one's opinions, beliefs, and ideas through any medium,
such as speech, writing, printing, or broadcasting. It also guarantees the
freedom to assemble peaceably and without arms, the freedom to form
associations or unions, and the freedom to move freely throughout the country.

Article 20 protects individuals from being convicted of the same offense

twice. It also prohibits the imposition of ex post facto laws, which means that a
person cannot be punished for an act that was not a crime when it was
committed.

Article 21 guarantees the right to life and personal liberty. This right ensures
that no person can be deprived of their life or personal liberty except in
accordance with the procedure established by law.

Article 22 provides protection against arbitrary arrest and detention. It

guarantees that every person who is arrested or detained shall be informed of
the grounds for such arrest or detention, and shall be allowed to consult and be
defended by a legal practitioner of their choice.
The Right against Exploitation is guaranteed under Articles 23-24 of the Indian
Constitution. This right prohibits trafficking, forced labor, and child labor. It
also prohibits employment of children below the age of 14 years in hazardous
occupations.

Article 23 prohibits trafficking in human beings and forced labor. It states

that trafficking in human beings, including begar and other similar forms of
forced labor, is prohibited and punishable by law.

Article 24 prohibits the employment of children below the age of 14 years in

any factory, mine, or other hazardous employment. It ensures that children are
not subjected to any form of exploitation and are given the opportunity to
pursue their education and develop their skills.

The Right to Freedom of Religion is guaranteed under Articles 25-28 of the

Indian Constitution. This right guarantees the freedom to practice, profess, and
propagate any religion, and it also allows individuals to manage their own
religious affairs.

Article 25 guarantees the freedom to practice, profess, and propagate any

religion. It ensures that every individual has the right to follow the religion of
their choice and to express their religious beliefs without fear of persecution.

Article 26 guarantees the right to establish and maintain religious

institutions. It ensures that every religious denomination has the freedom to
manage its own affairs and to establish and maintain institutions for religious
and charitable purposes.
Article 27 prohibits the use of public funds for religious purposes. It
ensures that the state remains neutral in matters of religion and does not
promote or favor any particular religion.

Article 28 prohibits the religious instruction in educational institutions

wholly maintained by the state. It ensures that education remains secular and
free from any religious bias.

The Cultural and Educational Rights are guaranteed under Articles 29-30 of
the Indian Constitution. These rights are designed to protect the interests of
minorities and to ensure that every citizen has access to education.

Article 29 protects the interests of minorities by allowing them to conserve

their language, script, and culture. It ensures that every citizen has the right to
preserve their cultural identity and to promote their language and script.

Article 30 guarantees the right of minorities to establish and administer

educational institutions of their choice. It ensures that every citizen has access
to education and that minorities have the right to establish and manage their
own educational institutions.

The Right to Constitutional Remedies is guaranteed under Article 32 of the

Indian Constitution. This right guarantees that individuals can approach the
courts to enforce their Fundamental Rights.

Article 32 empowers the Supreme Court to issue writs, orders, or directions

for the enforcement of Fundamental Rights. It allows individuals to seek
redressal for any violation of their rights by the state or any other authority.
LIMITATIONS
The Constitution provides for reasonable
restrictions on Fundamental Rights in the interest of public order, morality, and
national security. These restrictions must be reasonable and not arbitrary.

Doctrine of Severability: The Doctrine of Severability is a legal principle

that allows the court to strike down a specific provision of a law that violates
Fundamental Rights while upholding the rest of the law. This ensures that the
entire law is not invalidated if only a part of it is unconstitutional.

During a state of emergency, the

Fundamental Rights of citizens can be suspended by the government. This is a
controversial provision that has been criticized for being prone to abuse.

ENFORCEABILITY

Writs: It is a formal written order issued by Supreme Court or High Courts,

typically in the name of the government or the court itself. Writs are powerful
tools that courts use to ensure justice, protect individual rights, and enforce the
law. The Constitution provides for five types of writs - Habeas Corpus,
Mandamus, Prohibition, Certiorari, and Quo Warranto - as a means of
enforcing Fundamental Rights.

PIL is a legal mechanism that allows

any citizen to file a petition in court on behalf of the public interest. PIL has
been used to enforce Fundamental Rights in India and has played a crucial role
in expanding access to justice for marginalized communities.

Judicial Review: Judicial Review is the power of the judiciary to review

the actions of the executive and legislative branches of government and declare
them unconstitutional if they violate Fundamental Rights. This power is an
essential check on the power of the state and ensures that the Fundamental
Rights of citizens are protected.

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