Right to Equality

14. Equality before law.—The State shall not deny to any person equality before the law or the
equal protection of the laws within the territory of India.

15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.—
provides that no citizen shall be discriminated on grounds only of religion, race, caste, sex or place of
birth. Exception: Certain provisions can be made for the women, children, citizens from any socially
or educationally backward class for their upliftment (such as reservation and access to free
education).

16. Equality of opportunity in matters of public employment .—There shall be equality of

opportunity for all citizens in matters relating to employment or appointment to any office under the
State. Exceptions: There are provisions for reservation in appointments or posts for any backward
class that is not adequately represented in the state services.

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.

18. Abolition of titles.—

 It prohibits the state from conferring any title on any citizen or a foreigner (except a military
or academic distinction).
 It prohibits a citizen of India from accepting any title from any foreign state.
 A foreigner holding any office of profit or trust under the state cannot accept any title from
any foreign state without the consent of the President of India.
 No citizen or foreigner holding any office of profit or trust within the territory of India can
accept any present, emolument or office from or under any foreign State without the
consent of the president.

Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.— All citizens shall have the
right— (a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions [or co-operative societies];
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India;
(g) to practise any profession, or to carry on any occupation, trade or business.

20. Protection in respect of conviction for offences.— grants protection against arbitrary and
excessive punishment to an accused person, whether citizen or foreigner or legal person like a
company or a corporation. It provides that:
 No person shall be convicted of any offence except for violation of a law in force at the time
of the commission of the act or subjected to a penalty greater than that prescribed by the
law.
 No person shall be prosecuted and punished for the same offence more than once.
 No person accused of any offence shall be compelled to be a witness against himself.

21. Protection of life and personal liberty.—No person shall be deprived of his life or personal
liberty except according to procedure established by law.
21A. Right to education.—The State shall provide free and compulsory education to all children of
the age of six to fourteen years in such manner as the State may, by law, determine.

22. Protection against arrest and detention in certain cases.— grants protection to persons
who are arrested or detained. Detention is of two types, namely, punitive (punishment after trial and
conviction) and preventive (punishment without trial and conviction).

The first part of Article 22 deals with the ordinary law and includes:
 Right to be informed of the grounds of arrest.
 Right to consult and be defended by a legal practitioner.
 Right to be produced before a magistrate within 24 hours, excluding the journey time.
 Right to be released after 24 hours unless the magistrate authorises further detention.

The second part of Article 22 deals with preventive detention law. Protection under this article is
available to both citizens as well as aliens and includes the following:
 The detention of a person cannot exceed three months unless an advisory board (judges of
high court) reports sufficient cause for extended detention.
 The grounds of detention should be communicated to the detenu.
 The detenu should be afforded an opportunity to make a representation against the
detention order.

Right against Exploitation

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.

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

25. Freedom of conscience and free profession, practice and propagation of religion.—
Constitution of India provides the freedom of conscience, to profess, to practice and to propagate
any religion. These rights are available to citizens as well as non-citizens.
Conscience: A person may or may not choose to follow any religion.
Right to Profess: One can declare his/her religious beliefs and faith openly and freely.
Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and
ideas.
Right to Propagate: Persuading people to convert from one religion to another.
However, the Constitution does not allow forcible conversions. It only gives us the right to spread
information about our religion and thus attract others to it.
Limitations: The government can impose restrictions on the practice of freedom of religion in order
to protect public order, morality and health.
The government can interfere in religious matters for rooting out certain social evils.
For example: banning practices like sati, bigamy or human sacrifice. Such restrictions cannot be
opposed in the name of interference in the right to freedom of religion.
26. Freedom to manage religious affairs.—Subject to public order, morality and health, every
religious denomination or any section thereof shall have the right—
(a) to establish and maintain institutions for religious and charitable purposes;
(b) to manage its own affairs in matters of religion;
(c) to own and acquire movable and immovable property; and
(d) to administer such property in accordance with law.

27. Freedom as to payment of taxes for promotion of any particular religion.— No person
shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment
of expenses for the promotion or maintenance of any particular religion or religious denomination.

28. Freedom from Attending Religious Instruction: states that no religious instruction shall be
provided in any educational institution wholly maintained out of State (the territory of India) funds.

 However, the provision is not applicable to educational institutions administered by the State
or established under any endowment or trust.
 Moreover, no person is required to attend any religious instructions or worship without his
consent in any educational institution recognised by the State or receiving aid out of State
funds. In case of a minor, the consent of his guardian is needed.

Cultural and Educational Rights

29. Protection of interests of minorities.—
(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.

30. Right of Minorities to Establish and Administer Educational Institutions: grants all the
minorities the following rights:
 The right to establish and administer educational institutions of their choice.
 The compensation amount fixed by the State for the compulsory acquisition of any property
of a minority educational institution shall not restrict or abrogate the right guaranteed to
them.
 This provision was added by the 44th Amendment Act, 1978 to protect the right of
minorities in this regard.
 The State shall not discriminate against any educational institution managed by a minority.
 Thus, the protection under Article 30 is confined only to minorities (religious, cultural or
linguistic) and does not extend to any other section of citizens (as under Article 29).

33. Power of Parliament to modify the rights conferred by this Part in their application to
Forces, etc.—Parliament may, by law, determine to what extent any of the rights conferred by this
Part shall, in their application to,—
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State for purposes of
intelligence or counter intelligence; or
(d) person employed in, or in connection with, the telecommunication systems set up for the
purposes of any Force, bureau or organisation referred to in clauses (a) to (c),
be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance
of discipline among them.
34. Restriction on rights conferred by this Part while martial law is in force in any area.—
The expression ‘martial law’ has not been defined anywhere in the Constitution but literally, it means
‘military rule’.
 The martial law is imposed under extraordinary circumstances like war, invasion,
insurrection, rebellion, riot or any violent resistance to law.
 empowers the Parliament to indemnify (compensate) any government servant or any other
person for any act done by him in connection with the maintenance or restoration of order
in any area where martial law was in force.
 The Act of Indemnity made by the Parliament cannot be challenged in any court on the
ground of contravention of any of the fundamental rights