UNIT 2 Parts III and IV
Unit 2.1 FUNDAMENTAL RIGHTS
The fundamental rights in the Indian constitution are:
• Right to equality (Articles 14-18)
• Right to freedom (Articles 19-22)
• Right against exploitation (Articles 23-24)
• Right to freedom of religion (Articles 25-28)
• Cultural and educational rights (Articles 29-30)
• Right to constitutional remedies (Articles 32-35)
Some of most prominent features of the fundamental rights in the Indian constitution are:
(1) They are limitations on the powers of the government.
(2) They are not absolute.
(3) Fundamental rights are available against the state and not private individuals.
(4) Judicial review to safeguard fundamental rights.
(5) The fundamental rights can be amended.
(6) Fundamental rights are for citizens.
FUNDAMENTAL RIGHTS
THE RIGHT TO EQUALITY
Article 14: Right to equality before the law and equal protection of the law
Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, and place of
birth.
Article 16: Right to equality of opportunity in matters of public employment
Article 17: The abolition of untouchability
Article 18: The abolition of titles
THE RIGHT TO FREEDOM
Article 19: Protection of certain rights regarding freedom of speech etc. (The right to
freedom)
(a) to freedom of speech and expression
(b) to assemble peaceably and without arms (of assembly)
(c) to form associations or unions (or cooperative societies)
(d) to move freely throughout the territory of India (freedom of movement)
(e) to reside and settle in any part of the territory of India
(f) to practice any profession, or to carry on any occupation, trade, and business.
Article 20:
(1) (Ex-post facto law) No person shall be convicted of any offense except for the violation of
law in force at the time of commission of the act.
(2) (Double jeopardy) No person shall be prosecuted and punished for the same offence more
than once.
(3) (Prohibition against self-incrimination) No person accused of any offense shall be
compelled to be a witness against himself.
Article 21: (safeguards against arbitrary arrest and detention) No person shall be deprived of
his life or liberty except according to the procedure laid down by law.
Article 22:
(1) right to be informed about the ground of arrest
(2) the right to consult or be represented by a lawyer of choice.
(3) right to be produced before a magistrate within 24 hours and freedom from detention
beyond said period except by order of the magistrate
(4)-(7) (laws and procedure to be followed if the person arrested is under the Preventive
Detention law)
RIGHT AGAINST EXPLOITATION
Article 23: Prohibition of traffic inhuman beings and forced labour;
Clause (1) Contravention of this Article is an offence punishable by law
Clause (2) The State can impose compulsory service for public purposes provided in this it
does not make any discrimination on grounds of religion, race, caste, class or any of these
Article 24: No child below fourteen years of age is to be employed to work in any factory or
mine or any other hazardous occupation.
RIGHT TO FREEDOM OF RELIGION AND SECULARISM
Article 25: Freedom of conscience and the right to freely profess, practice, and propagate
religion, subject to public order, morality, and health.
(a) The government can regulate the economic, financial, political, and other secular activity
connected with religious practice.
(b) The government can also provide for social welfare and reform, especially to throw open
public Hindu religious institutions to Hindus of all sections.
Article 26: Freedom to manage religious affairs.
(a) Freedom to establish and maintain charitable institutions; (b) to manage its own affairs in
the matters of religion; (c) to acquire and own moveable and immoveable property; (d) to
administer such property in accordance with the law
Article 27: No person shall be compelled to pay any tax for the promotion or maintenance of
any religion.
Article 28: Prohibition of religious instruction in state-funded institutions.
SECULARISM - In India, secularism refers to a positive quality of freedom, equality, and
tolerance in the field of religion.
Secularism in the Constitution of India - The term ‘secularism’ is not used anywhere in the
constitution except in the Preamble, where the word ‘secular’ was added by the 42 nd
Amendment in 1976. The Preamble says that India is a ‘secular, democratic republic.’The ideas
the makers of the constitution concerning secularism are embodied in the provisions of the
constitution, especially in the chapter on fundamental rights:
1. The state will not discriminate between people on the grounds of religion
2. The state will not give preferential treatment to any religion or discriminate against
any religion.
3. No particular religion will be identified as state religion.
4. The state will not impose any religion on the people.
CULTURAL AND EDUCATIONAL RIGHTS
Article 29:
(1) Any section of citizens having a distinct language, script, or culture of their own, has the
right to conserve the same.
(2) No citizen is to be denied admission into any educational institution maintained or aided by
the state, only on grounds of religion, race, caste or language.
Article 30:
(1) All minorities have the right to establish and administer their own educational institutions.
(2) The State, in granting aid, is not to discriminate against any educational institution only on
grounds of it being under the management of a minority.
RIGHT TO CONSTITUTIONAL REMEDIES
Article 32
(1) Right to move the Supreme Court for enforcement of fundamental rights granted by Part
III
(2) The Supreme Court can issue appropriate wits including those in the nature of habeas
corpus, mandamus, prohibition, quo warranto, and certiorari, for the purpose of protecting
fundamental rights.
(3) Parliament may by law empower any other court to exercise any other court to exercise
within the local limits of its jurisdiction, any or all the powers normally exercised by the
Supreme Court.
(4) The rights granted by this article are not to be suspended 'except as otherwise provided for
by the constitution'.
‘Writ appeals’: appealing to the court for these orders/’writs’ to protect FR. Normally, take
shorter time than filing a case. Is accepted only when other remedies shown to be exhausted.
Habeas Corpus is a Latin term meaning 'You may have the body'. The writ is issued to the
person who is detaining someone else, asking him under what authority he is detaining the
other person. The person being detained is also brought before the court. If the Court finds no
legal justification for the detention, the person will be released.
Mandamus, Latin for 'the order', is issued when a public officer fails to perform his duty. A
private person can apply for this writ, especially if previous demands to perform the duty, or
public authority orders, have been refused. This compels the public officer to perform his duty.
Quo warranto, 'by what authority', is a writ issued to a person who is wrongfully appointed to
a public office. This compels him to prove to the court his reasons for occupying that particular
office.
Prohibition is a writ issued to a lower court to prevent it from taking up cases over which it has
no jurisdiction.
Certiorari is used to quash the decisions of a lower court when it acts against its jurisdiction or
against natural justice.
SOME OTHER IMPORTANT RIGHTS
The Right to Property (Article 300A) - This is a constitutional but not a fundamental right:
it is not part of Part III which is the chapter on fundamental rights, but is included in Article
300A in the Constitution. According to Article 300A, no person is to be deprived of his property
save by authority of law.
The Right to Education (Article 21A) - This became a fundamental right after the passing of
the 86th amendment in 2002. According to this, the state should provide free and compulsory
education to all children 6 to 14 years of age in such a manner that the state may by law
determine.
The Right to Information - The Right to Information Act was passed in 2005, and it is a legal
right. This Act enables the public to access the records of the union and state governments (all
except J&K – separate act in force there). Citizens have the right to request any information,
take copies of documents, take samples of work and materials, and get information in electronic
mode. All government departments should appoint a public information officer who deals with
such requests.
The Right to Work - This is guaranteed by the National Rural Employment Guarantee Act of
2005. It provides a guarantee of 100 days' work for minimum wages to at least one member of
a household in rural areas. One third should be reserved for women. The job card under this
act is the right of every rural household which applies for it.
The Right to Food - In 2001, the Supreme court stated that the right to life included the right
to food. But many Indians wanted a separate law on the right to food to make it more effective.
The UPA government passed the National Food Security Act 2013. Existing food security
measures were converted to entitlement.
