Part 3;

Articles 12 - 25

Magna Carta of India: first written

document related to fundamental rights
of a citizen

Uphold equality and dignity of an

individual and larger public interests and
unity of the Nation

Introduction Meant for Promoting the ideal of political

democracy

Protect liberty and freedom of people

against invasion by state

Limitation on tyranny of executive and

arbitrary laws of legislature

Aim: establishing government of law but

not of men

Some applicable only to citizens while

some to everone including foreigners

Not absolute but qualified. Reasonable

restrictions can be imposed by state.

All fr's Against arbitrary action of state

and some against private individuals.

Some negative in nature while some

positive

Justiciable

Defended and guaranteed by sc

Not sacrosanct (to imp or valuable to be

changed) or permanent. Parliament can
change by constitutional amendment act
without affecting the basic structure of
Features of Fundamental Rights the Constitution

Can be suspended during National

Emergency except Article 20 ans 21 and
6 rights of article 19 xan be suspended
only when emergency is declared on
grounds of war or external aggression

Scope of operation limited to Article 31A,

31B and 31C

Article 33 FR's restricted by parliament to

armed forces, para-military forces, police
forces, intelligence agencies and
analogue services.

Restricted during Martial Law (Article 34)

Most of them are directly enforceable

while few on basis of law made by
parliament (Article 35)

Government, parliament, i.e. executive

and legislative organs of union
government

Government, legislature, i.e. executive

and legislative organs of state
government

Definition of State; Article 12 All local authorities, i.e. municipalities,

panchayats, district boards, improvement
trusts, etc

Statutory or non-statutory authorities like

LIC, ONGC, SAIL, etc

Even a private body or agency working

under state

Subtopicall laws which are inconsistent

and are gerogative to fundamental rights
are considered void

Permanant Laws enacted by parliament

or state legislature

Temporary laws like ordinances

Laws Inconsistent with
Term Law
Fundamental Rights; Article 13 Statutory instruments like order, by-law,
rule, regulation, notification etc

Non- legislative sources of law

Constitutional amendment is not a law

and can be challenged only when it
disturbs basic structure of constitution

British Origin

Negative concept

Absence of special privileges in favour of

any person

Connotes
Equal subjection to ordinary law of land

Equality before law No person is above the law

Equality before law is an element of Rule

of Law - A.V. Dicey

No arbitrary power; no punishment

Rule Of Law
except for breach of law

Equality before law; equal subjection of

all citizens to ordinary law of land

American origin

Positive concept

Equal treatment under equal

Equal protection of law circumstances

Connotes Similar application of laws in similar

situation to all

Like should be treated alike

Aims at establishing equality of legal

status, opportunity and justice.
Equality before law and equal protection
of laws; Article 14
Both are not answerable to any court
during duties of his office
No tax shall be levied or collected except
by authority of law (Article 265 in part No criminal proceedings during duties of
12) his office
President of India and governor of states
No person shall be deprived of his enjoy the following (Article 361)
No process for arrest or imprisonment
property save by authority of law (Article Rights Outside Part 3 shall be issued during their term of office
300-A in part 12)
No civil proceedings against the both
Trade commerce and intercourse during the term of their office
throughout the territory of India shall be
free (Article 301 in part 12)
No person liable in any court in respect of
publication in a newspaper (Article 361-
Constitute the bedrock of democratic A)
system in the country
No member of parliament shall be liable
Provide necessary conditions for the Exceptions to any procedings (Article 105)
material and moral protection of man
No member of legislature of state shall be
Serve as a formidable bulwark of liable to any proceedings in any court
individual liberty (Article194)

Rights outside part 3 Article 31-C is exception to Article 14.

Laws made by directive principles in
Facilitate the establishment of rule of law clause [b] or clause [c] of Article 39
in the country cannot be challenged kn the ground that
they are violative of Article 14. Where
31-c comes in, Article 14 goes out.
Protect the interests of minorities and Significance of Fundamental
weaker sections of the society
Rights Foreign sovereigns (rulers), ambassadors
and diplomats enjoy immunity from
Strengthen the seculae fabric of the
criminal and civil proceedings.
Indian State

UNO and its agencies enjoy the

Check the absoluteness of the authority
diplomatic immunity
of the govt

Lay down the foundation stone of social State shall not discriminate against ang
equality and social justice citizen on grounds only of religion, race,
caste, sex, or place of birth
Ensure the dignity and respect of
individuals No citizen shall be subjected to disability,
liability, restriction, or condition on the
facilitate the participation of people in the above grounds
political and administrative process
* State - permitted - special provision for
women and children
Excessive Limitations

* State - permitted - special provision for

No Social and Economic Rights
advancement of any socially and
educationally backward classes of citizen
Sir Ivor Jennings called the constitution a or for SC and ST
No Clarity
'parafise For Lawyers'
Exceptions
* State - empowered - special provision
No parmanency for advancement of any socially and
Criticism of Fundamental Rights
educationally backward citizens or for
Suspension During Emergency tribes regarding their admission

Expensive Remedy * State - empowered - special provision

for EWS
Preventive Detention Reservation - upto 10%

No Consistent Philosophy
93rd amendment act of 2005

Article 31A, 31B, and 31C have been Central educational institutions
retained as an exception to Fundamental (reservation in admission) act 2006
Right enacted by centre

Articles 31A does not immunise a state 27% quota for OBCs in all central higher
law fro. Judicial review unless it has been Saving of Laws Providing for Acquisition educational institutions
reserved for the president's cosideration of Estates
and has recieved his assent April 2008 - supreme court upheld both
the acts
Article 31B saves the acts and regulations Exceptions to Fundamental
included in 9th schedule before April 24, Rights Persons holding constitutional posts
1973 from being challenged and
invalidated on the grounds of Group A Group B officers, employees of
contravention of any FR Validation of Certain Acta and Regulations
Reservation for OBCs in Educational PSUs, Banks, insurance organisations,
Prohibition of Discrimination on Certain institutions universities and also private
Article 31B along with 9th schedule was Grounds; Article 15
added by 1st CAA, 1951 Rank of colonel and above in army navy
and air force and parliamentary forces
Article 31C is inserted by 25th Saving of Laws Giving Effect to Certain
Amendment Act of 1971 Directive Principles Professionals - doctors, lawyers,
Exclude creamy layer
engineers, artists, authors,consultants.....

Article 19 (1)(f) guaranteed to every Person engaged in trade, business, and

citizen the right to acquire, hold and industry
dispose of property
Holding agricultural land above a certain
Article 31 guaranteed every person limit and vacant land or buildings in
(citizen or non-citizen) right against Present position of Right To urban areas
deprivation of his property Property
Gross Annual Income - 8 lakh
44th Amendment Act; 1978
Abolished right to property as FR instead
inserted new Article 300A in Part 12 103rd amendment act of 2019
under the heading right to property
10% reservation to EWSs

Article 35 lays down power to make laws

to give effect to certain specified FRs Eligibility Gross Annual Income below 8 Lakh
shall vest only in the parliament and bot
in the state legislatures
Family having 5 acres or above
agricultural land
Provision is to ensure uniformity
throughout India regarding punishment
Residential flat of 1000 sq.ft and above
for infringing FRs
Reservation of EWSs in Educational Exclude Residential plot of 100 sq. Yards and
Prescribing residence as a condition for Institutions
above in notified municipalities
certain employments or appointments
(Article 16)
Residential plots of 200 sq. Yards and
above in aread other than notified
Empowering courts other than sC and HC municipalities
to issue directions orders and writs of al
kinds for the enforcement of FR (Article
32) Properties in different locations are
Parliament shall have power to make clubbed to determine the EWS status
laws with respect to: Effecting Certain Fundamental
Restricting or abrogating the application
of FR to members of armed forces, police Rights; Article 35 Family include his or her parents or
forces, etc (Article 33) siblings who are below 18 and his or her
spouse and children below the age of 18
Indemnifying any govt servent or any
other person for any act done during the
Equal opportunity for all citizens
operation of Martial Law in any area
regarding employment
(Article 34)

No discrimination under the grounds of

Untouchability (Article 17) Parliament shall have powers to make only religion, race, caste, sex, descent,
laws for prescribing punishment for those place of birth or residence
Traffic in human beings and forced labour acts that are declared to be offences
(Article 23) under the FR ▪︎Parliament can prescribe residence as a
condition for certain employment in state
Article 35 extends the competence of or union.
parliament to make law on the matters
specified above although some of those
Public Employment (Requirement as to Exception is Andhra Pradesh and
matters may fall within the sphere of the
residence) Act of 1957 expired in 1974. Telangana
state legislatures (state list)

Provides for the restrictions on

▪︎State can provide reservations in
favour of any backward class that is not
Fundamental Rights while martial law is Exemptions adequately represented in the state
in force in any area within the territory of Right to Equality; Article 14-18 services
India

Empowers parliament to indemnify any

▪︎If it is necessary for the office to recruit
a person of particular religion or
govt servant or any other person fir any denomination for a governing body the
act done by him in connection with the law can provide that
maintenance or restoration of order in
any area where the martial law was in
force
▪︎State - permitted - provision for
reservation of EWSs upto 10% in addition Added by 103rd Amendment Act 2019
to the existing reservation
Act of indemnity made by the parliament
cannot be challenged in any court on the
fround of contravention of any of the 1979 - Morarji Desai govt - appointed -
fundamental rights 2nd Backward Classes Commission -
chairmanship of B.P. Mandal (MP) -
Concept - borrowed - English common Article 340 - to investigate the conditions
law of socially and educationally backward
classes - suggest measures for their
Martial Law - not defined any where but advancement
literally means military rule
Report - 1980 - 3743 castes - socially
Implies the suspension of ordinary law and educationally backward - 52%
and the govt by military tribunals excluding SCs and STs
• Recommended:
Martial Law and Fundamental 27% reservation in govt jobs
Can be declared in any area within the Rights; Article 34 • V.P. Singh govt - 1990 - implemented
territory of India
27% reservation for OBCs

Martial law is imposed under extra

Poorer sections among OBCs (adoption of
▪︎
ordinary circumstances like
economic criteria in granting reservation)
▪︎invasion
war 1991 - Narasimha Rao govt introduced 2

▪︎insurrection changes
Another 10% for economically backward
▪︎rebellion sections of higher castes
▪︎riot
Or any other violent resistance to law Supreme court rejected 10% reservation
for poorer sections of higher castes
During martial law military authorities are
vested with abnormal powers
They can punish the civilians and can creamy layer should be excluded
even condemn them to death
No reservation in promotion
SC held that declaration of martial law
does not suspend the writ of habeas Total reserved quota should not exceed
corpus 50%
Upheld constitutional validity of 27%
reservation with certain conditions Carry Forward Rule incase of unfilled
Difference between MARTIAL LAW (Article (backlog) vacancies is valid but should
34) and NATIONAL EMERGENCY (Article not violate 50% rule
352)
Permanent statutory body - to be
established - examine - over-inclusion
and under-inclusion - in OBC list
Article 33 empowers parliament to
restrict or abrogate (repeal) the FRs of Equality of Opportunity in Public
Employment; Article 16 Ram Nandan Committee - appointed - to
the members of armed forces,
identify creamy layer among OBCs -
paramilitary forces, intelligence agencies,
Mandal Commission and Aftermath report - 1993 - accepted
and anologous forces

National Commission for Backward

Power to make laws under Article 33 is
classes - established in 1993- act of
conferred only on parliament and not kn
state legislatures
Armed Forces and Fundamental ▪︎
parliament
Mandate:
Examining complaints of under-inclusion,
Any such law made by the parliament Rights; Article 33 over-inclusion and non-inclusion of any
cannot be challenged in any court on the
class of citizens in the list of backward
ground of contravention of any of the
classed for the purpose of job reservation
fundamental rights
* 102nd Amendment Act of 2018 -
constitution station on commission and
A parliamentary law enacted under Article Mandal Case 1992 enlarged its functions - new Article 338-B
33 can also exclude the court martial was inserted in the constitution
from the writ jurisdiction of SC and HCs,
as fas as the enforecement of FRs are
77th Amendment Act - enacted - 1995 -
concerned
added new provison in Article 16 - state
can provide for RESERVATION IN
PROMOTIONS of ang service in favour of
Right to constitutional remedies for the
SCs and STs that are not adequately
enforcement of the fundamental rights of
represented in state services
an aggreivated citizen
Action taken by govtvwith regard to
Supreme court's rulings 85th Amendment Act 2001 - provides for
Dr. B. R. Ambedkar - ' Am article without 'Consequencial Seniority' in the case of
which this constitution would be a nullity. promotion
It is the very soul of the constitution and
the very heart of it '
Ruling with regard to Backlog Vacancies
was nullified by 81st Amendment Act
SC ruled that This article is the basic 2000 - new provision was added - state is
feature of the constitution empowered to consider unfilled reserved
It cannot be abridged or taken away vacancies of a year as a separate class of
vacancies which can be filled in any
The right to move the supreme court for succeeding year/ years
enforcement of FR is guaranteed Such class of vacancies are not to be
combined with the vacancies of the year
SC is defender and guarantor of the in which thwy are being filled up to
Fundamental Rights determine 50% ceiling of reservation on
total no.of vacancies of that year
SC have the power to issue directions or • it ends the 50% ceiling on reservation
orders or writs in backlog vacancies

Parliament can empower any other court 76th Amendment Act 1994 - placed Tamil
to issue directions or orderd and writs of Nadu Reservations Act of 1994 in 9th
all kind schedule to protect it from judicial review
as it provides for 69% of reservation, far
4 provisions in Article 32 are exceeding the 50% ceiling
Any other courts here doesnot include
high courts because Article 226 has
already conferred these powers on the
high courts Added by 103rd Amendment Act 2019
Central govt issued an order in 2019
Right to move the SC shall not be providing 10% reservation for EWSs in
suspended except as otherwise provided civil posts and services in GOI
for by the constitution
EWSs who are not covered under any of
President can suspend the right to move the existing schemes of reservation for
to any court for enforcement of FRs SCs, STs, and OBCs
during a National Emergency (Article
359)
Posts should be in grades above the
lower grade i Group A of the service
Reservation for EWSs in Public
concerned
Article 32: Original Jurisdiction but not Employment
Exclusive
Article 226: original Jurisdiction and Should be classified as scientific or
concurrent technical in terms of cabinet secretariat
Supreme Court and High Court Scientific and technical posts which the
order (1961)
following condition can be exempted from
Qualifications should be up to mark
Where relief is available through high the purview of this reservation
where it is necessary to have knowledge
court under Article 226, aggrieved party
in discharge of their duties
should first move to high court

The posts should be for conducting

research or for organizing, guiding and
To have a body of
directing research
This writ is a bulwark of individual liberty
against arbitrary detention
Abolishes untouchability and forbids its
practice in any form
Order issued by the court to a person
who has detained another person, to
In 1976 - the Untouchability (offences)
producr the body of the latter before it
Act, 1955 - amended and renamed - the
Protection of Civil Rights Act, 1955
It will set the detained person free if the
detention is found to be illegal
Term 'Untouchability' - not defined
Habeas Corpus Mysore High Court - Untouchability - not
Can be issied against both public literal or grammatical sense - practice as
authorities and private individuals it had developed historically in the
Abolition of Untouchability; Article 17 country
Detention is lawful • refers to social disabilities imposed on
certain castes
Proceeding is for contempt of court * doesn't cover social boycott of a few
individuals or their exclusion from
Not issued when religious services
Detention is by a competent court

Supreme court - Article 17 - available

Detention is outside the jurisdiction of the
against private individuals - state is
court
constitutionally obligated to take
necessary action to ensure that the right
is not violated
We Command

Command issued by Court to a public Prohibits state from conferring any title to
official asking him to perform his official anyone (except a military or academic
duties that he failed or refused to distinction)
perform
Prohibits a citizen of India from accepting
Can also be issued against any public any title from foreign state
body, a corporation, an inferior court, a
tribunal or government
Article 18 abolishes title and makes 4 Foreigner - holding office of profit or trust
provisions in that regard - under state - cannot accept title from
Against a private individual or body foreign state - without consent from -
President
To enforce departmental institution that
Mandamus
Right to Constitutional Remidies;
does not possess statutory force Article 32 No citizen or foreigner- office of profit or
trust- cannot accept presents
When the duty is discretionary and not emoluments of office from any foreign
mandatory Abolition of Titles; Article 18 state - without consent of President
Cannot be issued
To enforce a contractual obligation 1996 - Supreme Court - upheld the
constitutional validity of the National
Against the President or Governors Awards Bharat Ratna

Against chief justice of high court acting SC - ruled that these awards do not Padma Vibhushan
in judicial capacity amount to titles as acc to meaning of
Article 18 it prohibits only hereditary Padma Bhushan
titles of Nobility
Ditects Activity i.e. to do something
Supreme court (under Article 32) and Padma Sri
which is not done Should not be used as suffixes or
High court (under Article 226) can issue
prefixed to the names of the awardees
the writs of:
To forbid
National awards - instituted - 1954 -
Morarji Desai govt - discontinued awards
Issued by higher court to a lower court or
• revived in 1989 by Indira Gandhi govt
tribunal to prevent the latter from
exceeding its jurisdiction
Prohibition
Issued only against judicial and quasi Right to propagate one's views as well as
judicial authorities views of others
Writs - types and scope
Directs inactivity i.e. stop what it's doing Freedom of press

Freedom of commercial advertisements

To be certified or to be informed

Right against tapping of telephonic

Issued by a higher court to a lower court
conversation
or tribunal to transfer a case pending
with the latter to itself or to squash the
order of the latter in a case Right to telcast, govt has no monopoly on
Issued on the grounds of excess of electronic media
jurisdiction or lack of jurisdiction or an
error in law Right against bundh called by a political
party or organisation
Certiorari
Certiorari is both preventive and curative
Right to know about government
In 1991, SC ruled that certiorari besides Fundamental rights activities
judicial and quasi-judicial can be issued
even against administrative authorities- Freedom of silence
when it effects rights of individuals
Right to freedom of speech and
expression Right against imposition of pre-
Like prohibition certiorari is not available censorship on a newspaper
against legislative bodies and private
individuals or bodies Right to demonstration or picketing but
not to strike
By what authority or warrent
Sovereignty and integrity of India
Issued by the court to inquire into the
legality of claim of a person to a public Security of state
office
Friendly relations with foreign states
Prevents illegal usurpation of public office
by a person Public order
Reasonable restrictions on the grounds of
Can be issued only in case of a Quo - warranto Decency or morality
substantive public office of a permanent
character created by a statute or by the Contempt of court
constitution
Defamation
It cannot be issued in case of ministerial
office or private office
Incitement to an offence

Unlike other 4 writs, this can be sought

by any interested person and not Right to hold
necessarily by the aggreived person • public meetings
• demonstrations
• take out processions
Writs are borrowed from English Law

Can be exercised only on public land and

Writ Jurisdiction of SC is narrower than the assembly must be peaceful and
that of HC as unarmed
• High Courts can issue writs for other
(ordinary legal right) purpose also
Provision doesn't protect
• violent, disorderly, riotous assemblies
Territorial Jurisdiction of SC is wider than • one that causes breach of public peace
that of HC • one that involves arms
• Supreme Court can issue writs against
a person or government throughout the Writ jurisdiction of SC and HC
This right doesn't include right to strike
territory of India

¤ According to Article 32 - Supreme court Risk of obstruction

may not refuse to exercise it's Writ
Jurisdiction Under Section 144 of Criminal procedure Annoyance or danger to human life,
Right to assemble peacefully and without
¤ According to Article 226 - High court code (1973), a magistrate can restrain an health or safety
any arms
have discretionary power, it may refuse Assembly, meeting, or procession if there
to exercise it's Writ Jurisdiction is Disturbance of the public tranquillity

A riot
Any section of the citizens residing in
aunty part of India having a distinct To resist the execution of any law or legal
language, script, or culture of its own process
shall have the right to conserve the same
To forcibly occupy the property of some
No citizen shall be denied admission info person
any Educational institutions maintained
Under section 144 of Indian Penal Code
by the state or receiving aid or if state
an assembly of 5 or more persons To commit any mischief or criminal
funds in grounds only id religion race
becomes unlawful if the object is trespass
caste or language

To force some person to do an illegal act

Article 29(1) - provision protects the right
of a group
To threaten the government or its
officials on exercising lawful powers
Article 29(2) - provison guarantees the
right of a citizen as an individual
irrespective of the community to which
they belong Political parties
Protection of Interests of Minorities;
Article 29 Companies
Article 29 grants protection to both
linguistic minorities as well as religious
minorities Partnership firms
All citizens have right to form
• associations or unions
Scope of this article is not restricted to Societies
• co-operative societies
minorities as the word 'SECTION OF Includes right to form
CITIZENS' is used which includes both Clubs
minority and majority
Organisations
Right to conserve language includes the
right to agitate for the protection of the Supreme court held that Trade unions
language
Right to form associations or unions or
co-operative societies Includes right to start and continue with
Political speeches or promises made for
the association or a union
conservation of the language of a section
Right to obtain recognition of the
of citizens does not amount to corrupt
association is not a fundamental right
practice under the 'Representation of
Protection of Six Rights; Article 19
People's Act, 1951'
Sovereignty and integrity of India
Reasonable restrictions
All minorities shall have the right to Public order and morality
establish and administer educational
institutions of their choice Cultural And Educational Rights;
Article 29-30 Supreme court - trade unions have no
guaranteed right to effective bargaining
The compensation amount fixed by the
or right to strike or right to declare a lock
state for three compulsory acquisition of
out
any property of a minority Educational
• right to strike can be co trolled by an
institution shall not restrict to abrogate
appropriate industrial law
the right guaranteed to them - provision
added by 44th Amendment Act 1978 -
act deleted right to property as a Entitles every citizen to move freely
fundamental righti.e. Article 31 throughout the territory of the country
• purpose is to promote national feeling
In granting aid state shall not and no parochialism
discriminate against any educational
institution managed by a minority
Interests of general public

Protection under this Article 30 is

Entry of outsiders in tribal areas is
confined only to minorities (religious or
restricted to protect
linguistic) unlike Article 29
• distinctive culture
• language
Term MINORITY - not defined anywhere Right of Minorities to Establish and Protection of interests of any ST
Grants following rights to minorities • customs and manners of s ch eduled
in the constitution Administer Educational Institutions; Right to move freely throughout the Reasonable restrictions
whether religious or linguistic tribes
Article 30 territory of India • to safeguard their traditional vocation
Also include right of minority to impart and properties against exploitation
education to it's children in it's owm lan
Movement of prostitutes can be restricted
Institutions that seek recognition as well on grounds of public health and interest
Subject to regulatory power of state of public morals - supreme court
as aid from the state

Institutions that seek only recognition Internal (right to move inside the Only this dimension is protected under
Subject to regulatory power of state
from state but not aid Minority Educational Institutions are of 3 country) Article 19
types
Freedom of movement has 2 dimensions
Free to administer their affairs but External (right to move out of the Dealt by Article 21 (right to life and
subject to operation of general laws like Institutions that neither seek recognition country and right to come back) personal liberty)
contract law, labour law, industrial law, nor aid from the state
tax law, economic regulation......
Right to reside in any part of the country
The right to establish and administer Every citizen has the right to reside and (temporarily)
educational institutions is not absolute. settle in any part of the territory of the
There can be regulatory measure for country
This right has 2 parts Right to settle in any part of the country
ensuring educational character and (set up home or domicile) (permanently)
standards and maintaining academic
excellence
Right to reside and settle in any part of Intended to remove internal barriers
the territory of India within the country or between any of its
parts
Inner freedom of an individual to mould • promotes narionalism and avoids
his relation with god or creatures in Freedom of conscience narrow mindedness
whatever way he desires
Same as right to movement
Declaration of one's religious beliefs and Reasonable restrictions Habitual offenders are also restricted
Right to Profess
faith openly and freely movement in some areas

Performance of religious worship, rituals,

All citizens are given right to practice any
ceremonies and exhibition of beliefs and Right to Practice
All Citizens are equally entitled to this profession or to carry on any occupation
ideas
freedom trade or business

Transmission and dissemination of one's Reasonable restrictions - interest of

religious beliefs to others general public
* does not include Right To Convert
another person to one's own religion
Right to Propagate Prescribe professional or technical
qualifications necessary for practising any
Forcible conversions have a negative Freedom of conscience and free profession or carrying on any trade, or
effect on freedom of conscience profession, practice, and propogation of business
guaranteed to all the persons alike Religion; Article 25
State is empowered to Carry on by itself any trade, business,
Covers not only religious beliefs Right to practice any profession or to industry or service whether to the
(doctrines) but also religious practices carry on any occupation, trade, or exclusion (complete or partial) of citizens
(rituals) business or otherwise
• the state is not required to justify its
Available to both citizens and non-citizens monopoly

These rights are subject to public order, Does not include right to carry on a
morality, health, and other provisions profession or business or trade or
related to fundamental rights occupation that is
• immoral ( trafficking in women or
Regulate or restrict any economic children)
financial or political or other secular • dangerous (harmful drugs or
activity associated with religious practice explosives)
State is permitted to
* state can absolutely prohibit these or
Provide for social welfare and reforms
regulate them

Right to establish and maintain Guaranteed to all citizens

institutions for religious and charitable
purposes Artical 19 - originally - 7 rights - right to
acquire, hold, and dispose of property
Right to manage its own affairs in was deleted by 44th Amendment Act
matters of religion 1978
Every religious denomination or any of its
section shall have:
Right to own and acquire movable and Protected against only state Action and
immovable property not private individuals

Right to administer such property in Available only to citizens and

accordance with law shareholders of a company but not to
foreigners or legal persons like
companies or corporations
Article 25 Guarantees rights of individuals
While Right To Freedom Of Religion;
State can impose reasonable restrictions
Article 26 Guarantees rights of religious Article 25-28 on these 6 rights only on grounds
denominations or their societies
mentioned in Article 19 and not any other
Freedom to Manage Religious Affairs; grounds
Article 26 protects collective freedom of
Article 26
religion
Article 20 grants protection against
Rights under Article 26 are subjected to arbitrary and excessive punishment to an
public order morality and health only accused person, whether citizen or
foreigner or legal lerson like a company
or a corporation
Should be - collection of Individuals-
having system of beliefs - conducive to
their spiritual well-being No person shall be Convicted of any
SC held that religious denomination must offence except for violation of a law
satisfy 3 conditions
Should have common organisation
No person shall be Subjected to penalty
Designated by a distinctive name greater than that prescribed by the law

Imposes penalties retrospectively

SC held that RAMAKRISHNA MISSION
(retroactively) i.e. upon acts already
and ANANDA MARGA are religious No ex-post-facto law
done
denominations within the Hindu religion
* AUROBINDO SOCIETY is not a religious
denomination Limitation is imposed only on criminal law
and not on civil laws and tax laws

No person shall be compelled to pay any Protection under this provision cannot be
taxes for promotion or maintenance of claimed in case of preventive detention or
any particular religious denomination demanding security from a person

State can spend Public money (tax) for

promotion or maintenance of ALL Freedom from Taxation for Promotion of No person shall be prosecuted and
RELIGIONS a Religion; Article 27 punished for the same offence more than
Protection in Respect of Conviction for
once
offences; Article 20
This provision prohibts only levy of tax
but not fee Protection against double jeopardy
Contains 3 provisions No double jeopardy
Fee - controls - religious institutions but Available only in proceedings before a
doesn't promote or maintain its religion court of law or a judicial tribunal

Departmental inquiries are however not

No religious instruction shall be provided treated as violation of this principle
in any educational institution

No person accuse of any offence shall be

Religious instruction is completely Institutions wholly maintained by the
compelled to be a witness against himself
prohibited state

Protection against self-incrimination

Institutions administered by state but
Freedom from Attending Religious extends to both oral evidence and
Religious instruction is permitted established under any endowment or
Instruction; Article 28 Right To Freedom; Article 19-22 documentary evidence
trust Article 28 distinguishes between 4 types
of educational institutions
Religious instruction is permitted on a Compulsory production of material
Institutions recognised by state Self-incrimination objects
voluntary basis

Religious instruction is permitted on a Does not extend to Compulsion to give thumb impression,
Institutions receeiving aid from the state specimen signature, blood specimens
voluntary basis

Compulsory exhibition of body

Right is available for both citizens and

non-citizens Extends only to criminal proceedings

Protects the individual not only against

state but also against private persons No person shall be deprived of his life or
personal liberty except according to
procedure established by law
Selling and buying of men women and
children like goods
Available to both citizens and non-citizens

Immoral traffin in women and children

including prostitution SC held that the protection under Article
21 is available only against arbitrary
executive action and not arbitrary
Devadasis Traffic in Human Beings means
legislative action
Gopalan case 1950
Slavery
Meaning state can deprive the right to life
and personal liberty of a person based on
To punish these the parliament has made law - because - 'procedure established by
the Immoral Traffic (prevention) Act, law'
1956

SC took a wider interpretation and held

Term begar means compulsory work that the protection is available not only
without remuneration Prohibition of traffic in Human Beings and Menaka case 1978
against arbitrary executive action but
Forced Labour; Article 23 also arbitrary legislative action
Article 23 prohibits other similar forms of
forced labour like Bonded Labour
Right to live with human dignity

Term Forced Labour means compelling a

Right to decent environment including
person to work against his will
pollution free water and air and
protection against hazardous industries
Bonded labour system (abolition) act, (Subash kumar vs. State of Bihar, 1991
1976 Word force includes not only physical or
legal force but also force arising from the Right to livelihood
Minimum wages act, 1948 compulsion of economic circumstances
i.e. working for less than the minimum Right tho privacy ( puttaswamy case,
Contract labour act, 1970 wage - In this regard few acts were made 2017)
they are
Equal remuneration act, 1976 Right to shelter

Permits state to impose compulsory Right to health

services for public purposes
Eg: military service or social service Right to free education up to 14 years of
Exception
While imposing state is not permitted to age
make any discrimination on grounds only
of religion race caste or class Right to free legal aid

Prohibits employment of children below Right against solitary confinement

the age of 14 years in any factory, mine, Right Against Exploitation;
or other hazardous activities like Right to speedy trial
Article 23-24
construction work or railway
Right against handcuffing
Doesnot prohibit their employment in any
harmless or innocent work Right against inhuman treatement
Protection of Life and Personal Liberty;
Child labour (prohibition and regulation) Article 21 Right against delayed execution
act, 1986
Right to travel abroad
Employment of children act, 1938
Right against bonded labour
Factories act, 1948
Right against custodial harrasment
Mines act, 1952 Acts that prohibit the employment of
children below certain age are Right to emergency medical aid
Merchant shipping act, 1958 SC broadened the scope of right to life
and personal liberty by declaring the Right to timely medical treatment in
Plantation labour act, 1951 following rights as part of Article 21 government hospital

Apprentices act, 1961 Right not to be driven out of a state

Bidi and cigar workers act, 1966 Right to fair trial

Prohibition of Employment of Children In
Factories etc; Article 24 Right of prisoner to have necessities of
1966 - SC -directed establishment of
Child Labour Rehabilitation Welfare Fund life
- offending employer - deposite - 20,000
fine for each child employed by him Right of women to be treated with dignity
• also issued directions for the ans decency
improvement of education health and
nutrition of children Right against public hanging

Commision for protection of child Rights Right to road in hilly areas

act, 2005 - enacted - to provide
establishment of a National commission Right to information
and state commissions for protection of
child's rights and children's courts for
Right to reputation
providing speedy trial of oofences against
children or of violation of child rights
Right of appeal from a judgement of
conviction
2006 - govt banned the employment of
children as domestic servants or workers
in business establishments Right to family pension

Child labour (prohibition and regulation) Right to social and economic justice and
amendment act, 2016 amended the child empowerment
labour (prohibition and regulation) act,
1986 - it has renamed the principle act as Right against bar fetters
the Child and Adolescent Labour
(prohibition and regulation) Act, 1986 Right to appropriate life insurance policy

Right to sleep

Right to freedom from noise pollution

Right to sustainable development

Right to opportunity

Mandate the state to provide free and

compulsory education to all children of
the age of 6 to 14 years

This provisin makes only elementary

education a Fundamental Right

Added by 86th Constitutional Amendment

Right t Education; Article 21A Act, 2002
Govt described this step as 'the dawn of
the 2nd revolution in the chapter of
citizen's right'

In pursurance of Article 21 A, the

parliament enacted the Right of Children
to Free and Compulsory Education (RTE)
Act, 2009

Grants protection to persons who are

arrested or detained

Punish a person for an offence committed

Punitive Detention by him after trial and conviction in a
court
Detention is of 2 types
Detention of person without trial and
Preventive Detention
conviction by a court

Right to be informed on the grounds of

arrest

Right to consult and be defended by a

legal practitioner

Right to be produced after a magistrate

within 24 hrs, including the journey time

1st part deals with the cases of ordinary Right to be released after 24 hrs unless
law the magistrate authorises further
detention

These safeguards are not available to

enemy Alien or a person arrested or
detained under a preventive detention
law

Article 22 has 2 parts They apply only to an act of a criminal or

quasi-criminal nature

Available to both citizens and aliens

Detention of a person cannot exceed 3

months unless an advisory board
repports sufficient cause for extended
detention
The board is to consist of judges of high
2nd part deals with the cases of court
preventive Detention law
Grounds of detention should be
communixated to the detenu

The detenu should beafforded an

opportunity to make a representation
against the detention order

Circumstances and classes od cases in

which a person can be detained for more
than 3 months under a preventive
detention law without obtaining the
opinion of an advisory board
Article 22 authorises the parliament to
prescribe Maximum period for which a person can
be detained in any classes of cases under
a preventive detention law
Protection Against Arrest and Detention;
Article 22
The procedure to be followed by an
advisory board in an inquiry

44th Amendment Act, 1978 - reduced -

period of detention from 3 months to 2
months without obtaining the opinion of
an advisory board
Provision not bought into force so 3
mnths still continues

Defence
Parliament:
Exclusive authority to make a law of
Foreign affairs
preventive detention for reasons
connected to
Constitution divided the legislative power Security of India
with regard to preventive between
parliament and state legislature
Security of a state
State legislature concurrently with
parliament can make laws for Maintenance of public order
Maintenance of supplies and services
essential to the community

Preventive detention Act, 1950 - expired

in 1969

Maintenance of internal security Act

(MISA), 1971 - repealed in 1978

Conservation of foreign exchange and

prevention of smuggling activities act
(COFEPOSA), 1974

National Security Act (NSA), 1980

Prevention of Blackmarketing and

maintenance of supplies of essential
Preventive detention laws made by the
commodities Act (PBMSECA), 1980
parliament are

Terrorist and disruptive activities

(prevention) Act (TADA), 1985 - repealed
in 1995

Prevention of illicittraffic in narcotic drugs

and psychotropic substances Act
(PITNDPSA), 1988

Prevention of terrorism Act (POTA), 2002

- repealed in 2004

Unlawful Activities (prevention) Act

(UAPA), 2004, 2008, 2012, and 2019

Bengal state prisoners regulation of 1818

Precentive detention existed even during
british rule
Defence of India Act of 1939