Features of Fundamental Rights

Fundamental Rights of Indian Citizens (Articles 12–35)

Fundamental Rights are the basic rights guaranteed by the Constitution of India to ensure the dignity, liberty, equality, and development of individuals. They are enforceable by courts and are considered the backbone of Indian democracy.

Fundamental Right	Articles	Description
Right to Equality	14–18	Equality before law and prohibition of discrimination
Right to Freedom	19–22	Freedom of speech, movement, association, etc.
Right against Exploitation	23–24	Prohibits human trafficking and child labor
Right to Freedom of Religion	25–28	Religious freedom and secularism
Cultural & Educational Rights	29–30	Protection of minority interests
Right to Constitutional Remedies	32	Right to approach courts for enforcement of rights

What are Fundamental Rights?

Fundamental Rights are the basic rights guaranteed by the Constitution of India to protect the freedom, equality, and dignity of individuals.

They are called "Fundamental" because they are essential for the all-round development of every person and for maintaining democracy in the country.

Constitutional Provisions

Mentioned in Part III of the Constitution.
Covered under Articles 12 to 35.
Known as the "Magna Carta of India" because they guarantee basic rights to citizens.

Evolution of Fundamental Rights

Year	Event
1215	Magna Carta issued by King John of England
1689	English Bill of Rights granted important rights to people
1789	French Revolution emphasized natural and inalienable rights
1928	Motilal Nehru Committee demanded a Bill of Rights
1950	Fundamental Rights became part of the Indian Constitution

Sources of Inspiration

Inspired mainly by the Constitution of the United States (Bill of Rights).
Influenced by British and French traditions of liberty.

Six Fundamental Rights

Fundamental Right	Articles
Right to Equality	14–18
Right to Freedom	19–22
Right against Exploitation	23–24
Right to Freedom of Religion	25–28
Cultural and Educational Rights	29–30
Right to Constitutional Remedies	32

Quick Mnemonic: EFRERC

E = Equality
F = Freedom
R = Religion
E = Exploitation
R = Remedies
C = Cultural & Educational Rights

Rights Available Only to Citizens

Articles
15
16
19
29
30

Rights Available to Both Citizens and Foreigner

Articles
14
20
21
21A
22
23
24
25
26
27
28

Significance of Fundamental Rights

1. Promote Political Democracy

Ensure freedom and participation in democratic governance.

2. Prevent Dictatorship

Protect citizens from authoritarian and arbitrary rule.

3. Check Government Power

Limit misuse of power by the Executive and Legislature.

4. Protect Individual Liberty

Safeguard personal freedom and dignity.

5. Ensure Overall Development

Help in social, political, and economic development.

6. Enforceable by Courts

Citizens can approach courts if rights are violated.

Features of Fundamental Rights

1. Some Rights Only for Citizens

Example: Articles 15, 16, 19, 29, 30.

2. Some Rights for Everyone

Available to citizens and foreigners.

3. Not Absolute

Reasonable restrictions can be imposed.

4. Positive and Negative Rights

Positive: State must act.
Negative: State must not interfere.

5. Mostly Against the State

Protect citizens from arbitrary state action.

6. Can Be Amended

Parliament can amend Fundamental Rights.

7. Constitutionally Guaranteed

Protected by the Constitution itself.

8. Judicially Enforceable

Courts can enforce these rights.

Suspension of Fundamental Rights During Emergency

National Emergency

Article 19

Can be suspended only when Emergency is declared due to:

War
External Aggression

Cannot be suspended when Emergency is declared due to:

Armed Rebellion

Articles 20 and 21

Cannot be suspended even during Emergency.
Protected after the 44th Constitutional Amendment.

Restrictions on Fundamental Rights

The scope of Fundamental Rights is limited by certain constitutional provisions:

Article	Provision
31A	Protection of laws related to acquisition of estates and agrarian reforms
31B	Protects laws placed in the Ninth Schedule
31C	Protects laws implementing certain Directive Principles of State Policy (DPSPs)

One-Page Revision Chart

Fundamental Rights = Part III (Articles 12–35)

6 Rights

Equality (14–18)
Freedom (19–22)
Exploitation (23–24)
Religion (25–28)
Cultural & Educational (29–30)
Constitutional Remedies (32)

Citizens Only: 15, 16, 19, 29, 30
Citizens + Foreigners: 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28

Emergency

Article 19 suspended only during War/External Aggression
Articles 20 & 21 never suspended

Magna Carta of India: Part III (Articles 12–35)
Inspiration: U.S. Bill of Rights

Article 12 - Definition of State

Article 12 defines the term "State" for the purpose of Fundamental Rights.

Includes State

Government and Parliament of India
State Governments and State Legislatures
Local Authorities: Municipalities, Panchayats, Municipal Corporations
Other Authorities: Statutory bodies, Non-statutory bodies, Agencies working as an instrumentality of the State

Does Not Include

Judicial functions of Courts
Administrative/Non-judicial functions of Courts
Board of Control for Cricket in India
United Nations

Recently, the Delhi High Court has ruled that the United Nations is not a State under Article 12 and is not amenable to its jurisdiction under Article 226.

Important Cases

Naresh Shridhar Mirajkar Case (1966)

Justice Hidayatullah (dissenting opinion) suggested Judiciary should come under Article 12. Otherwise the courts would be allowed to make rules which violate the fundamental rights of the citizens

Rupa Ashok Hurra Case (2002)

Supreme Court held that Judiciary performing judicial functions is not "State" under Article 12.

Riju Prasad Sarmah Case (2015)

Judicial functions are not State.
Administrative functions can be challenged through writs.

Article 13 – Laws Inconsistent with Fundamental Rights

Any law violating Fundamental Rights is: Void to the extent of inconsistency.

Article 13 is the basis of: Doctrine of Judicial Review Courts can strike down unconstitutional laws.

The term law includes

1. Permanent Laws

Acts passed by Parliament
State Legislature Acts

2. Temporary Laws

Ordinances

3. Delegated Legislation

Orders
Rules
Regulations
Bye-laws

4. Customs and Usages

Customs having force of law

Article 13 vs Article 368

Can Constitutional Amendment be called a Law?

1. Shankari Prasad Case v/s Union of india (1951)

Constitutional Amendment ≠ Law under Article 13.
Parliament can amend Fundamental Rights.

2. Golaknath Case v/s State of Punjab (1967)

Constitutional Amendment = Law under Article 13.
Parliament cannot amend Fundamental Rights.

Government Response

24th Amendment Act
25th Amendment Act

3. Kesavananda Bharati Case (1973)

Parliament can amend Fundamental Rights.
But cannot destroy the Basic Structure of the Constitution.

4. Shayara Bano Case (2017)

Pre-Constitution laws violating Fundamental Rights can be struck down.
The court declared that as the Shariat Act was a law made by the legislature before the Constitution came in force
It would fall within the expression "laws in force" in Article 13(3)(b), and would be hit by Article 13(1) if found to be inconsistent with Part III of the Constitution, to the extent of the inconsistency

Right to Equality (Articles 14–18)

Article	Provision
14	Equality before Law
15	Prohibition of Discrimination
16	Equality in Public Employment
17	Abolition of Untouchability
18	Abolition of Titles

Article 14 - Equality Before Law

The State shall not deny any person

Equality before Law
Equal Protection of Laws

Equality Before Law (British Concept)

Negative concept
No special privileges
Nobody is above law

Prime Minister and common citizen are equal before law.

Equal Protection of Laws (American Concept)

Positive concept
Similar treatment under similar circumstances
Like should be treated alike

Rule of Law - A.V. Dicey

It has 3 elements of which two are applicable to Indian System

1. Absence of Arbitrary Power

Government cannot act arbitrarily.

2. Equality Before Law

Everyone is equal before law.

3. Constitution is Result of Rights

Not applicable in India.
India's Constitution itself grants rights.

Supreme Court has declared Rule of Law a Basic Feature of the Constitution.

Exceptions to Article 14

President & Governor

Immunity while performing official functions.

MPs & MLAs

Certain parliamentary privileges.

Articles 31A, 31B, 31C

Protection to specific laws.

Article 15 - Prohibition of Discrimination

The State shall not discriminate against citizens only on grounds of:

Religion
Race
Caste
Sex
Place of Birth

Important Word "Only" Discrimination on other reasonable grounds may be allowed.

Public Places Covered

No discrimination in

Shops
Hotels
Restaurants
Public entertainment places
Wells
Tanks
Bathing ghats
Roads

Exceptions under Article 15

State is permitted to make any special provision for women and children.
For advancement of any socially and educationally backward classes or for SCs and STs
For advancement of any SEBCs or for SCs and STs regarding their admission to educational institutions including private educational institutions whether aided or unaided by state except minority educational institutions.
For advancement of any economically weaker section (EWS) of citizens

Reservation for OBCs in Educational Institutions

Exception in Art 15 (c)

93rd Constitutional Amendment (2005)

27% reservation for OBCs (Non-Creamy Layer)
Central educational institutions
IITs and IIMs included

Reservation for EWS in Educational Institutions

Exception in Art 15 (d)

103rd Constitutional Amendment (2019)

10% reservation for EWS

Current Reservation

Category	Reservation
SC	15%
ST	7.5%
OBC	27%
EWS	10%
PwD	3%

Article 16 - Equality of Opportunity in Public Employment

Provides equal opportunity in

Government jobs
Public employment
State services

No Discrimination on Grounds of

Religion
Race
Caste
Sex
Descent
Place of Birth
Residence

Equal Employment Opportunity Covers

Recruitment
Working Conditions
Promotions
Performance Evaluation
Training Opportunities

Exceptions to Article 16

A. Sons of Soil Doctrine

Preference to local residents.

B. Reservation for Backward Classes

Allowed.

C. Religious Institutions

Can prefer members of their own religion.

D. EWS Reservation

10% reservation.

NCBC (National Commission for Backward Classes)

In 1953 First Backward Classes Commission under the chairmanship of Kaka Kalelkar.
In 1979 Second Backward Classes Commission was constituted under" the chairmanship of BP mandal
This was done in order to investigate the conditions of the socially and educationally backward classes and suggest measures

In terms of Article 340 of the Constitution

The commission submitted its report in 1980

The commission recommended for reservation of 27% government jobs for the OBCs.
In 1990: V.P. Singh Government declared reservation of 27% government jobs for the OBCs.

In 1991: PV Narasimha Rao Government introduced two changes:

Preference to the poorer sections among the OBCs in the 27% quota
(Reservation of another 10% of jobs for poorer (economically backward) sections of higher castes.

Timeline

Year	Event
1953	Kaka Kalelkar Commission
1979	Mandal Commission (B.P. Mandal)
1980	Report Submitted
1990	27% OBC Reservation Announced
1993	NCBC Established
2018	Constitutional Status (102nd Amendment)

Mandal Case (1992)

Supreme Court Held

27% OBC Reservation Valid
Creamy Layer Excluded
Total Reservation Normally ≤ 50%
Carry Forward Rule Valid
NCBC Should Be Established
The scope and extent of Article 16(4) Court has rejected the additional reservation of 10% for poorer sections of higher castes (at that time)
Reservation in Promotion Not Allowed (initially)

Reservation in Promotion

With Regard to SC ruling, Government has taken the following actions Ram Nandan Committee was appointed to identify the creamy layer among the OBCs National Commission for Backward Classes was established in 1993 by an act of Parliament (102nd Amendment Act of 2018 conferred a constitutional status)

77th Amendment (1995)

Added Article 16(4A): Reservation in promotion for SC/ST.

85th Amendment (2001)

Consequential seniority.

81st Amendment (2000)

Added Article 16(4B): Backlog vacancies can be carried forward.

Reservation is Not a Fundamental Right

The Supreme Court has held:

Reservation is an enabling provision.
States may provide reservation.
Courts cannot compel governments to provide reservation.

Article 17 – Abolition of Untouchability

Untouchability is abolished and its practice is prohibited.
Any disability arising from untouchability is punishable.
Untouchability (offences) Act, 1955 was amended in 1976 and renamed as "Protection of Civil Rights Act 1955"

Phrase "Untouchability" is not defined either in the Constitution or in the act

Protection of Civil Rights Act, 1955

(Originally Untouchability Offences Act)

Punishes:

Denial of temple entry
Denial of hotel/shop access
Refusal of services
Promoting untouchability
Insulting SC persons on untouchability grounds

Meaning of Untouchability

According to the Mysore High Court

Refers to caste-based social disabilities.
Not social boycott in ordinary sense.

SC/ST (Prevention of Atrocities) Act, 1989

Prevent atrocities against SCs and STs.

Subhash Kashinath Mahajan Case (2018)

Protection against arbitrary arrest.
The Supreme Court banned immediate arrest of a person acoused of insulting or injuring a SC/ST member to protect innocents from arbitrary arrest

Prithvi Raj Chauhan Case (2020)

Upheld SC/ST Amendment Act, 2018.

Article 18 - Abolition of Titles

No title shall be conferred by the State except:

Military distinctions
Academic distinctions

Four Provisions

State cannot confer titles.
Indian citizens cannot accept foreign titles.
Foreigners holding office under State need President's consent.
No person holding office under State can accept gifts/emoluments from foreign States without President's consent.

Prohibited Titles

Maharaja
Rai Bahadur
Rai Saheb
Dewan Bahadur

Balaji Raghavan v/s Union of India Case (1996)

The Supreme Court held:

Bharat Ratna and Padma Awards are valid.
They cannot be used as titles before or after a person's name.

Quick Revision Trick (Articles 14–18)

14 → Equality Before Law
15 → No Discrimination
16 → Equal Government Jobs
17 → End of Untouchability
18 → No Titles

Mnemonic: E-D-E-U-T: Equality → Discrimination → Employment → Untouchability → Titles.

Right to Freedom (Articles 19–22)

The Right to Freedom is covered under Articles 19 to 22 of the Constitution.
It guarantees civil liberties essential for democracy and individual development.

Article 19 - Six Fundamental Freedoms

Originally there were 7 freedoms, but the Right to Property was removed by the 44th Constitutional Amendment Act, 1978 and is now a legal right under Article 300A.

Six Freedoms under Article 19(1)

Article	Freedom
19(1)(a)	Speech and Expression
19(1)(b)	Assembly
19(1)(c)	Association/Union/Co-operative Society
19(1)(d)	Movement
19(1)(e)	Residence and Settlement
19(1)(g)	Profession, Occupation, Trade or Business

Restrictions can be imposed only on grounds mentioned in Article 19 itself.

Fundamental Rights Available Against Private Individuals

Normally Fundamental Rights are enforceable against the State.
However, the following rights are enforceable against both State and private individuals:

Article	Right
15(2)	No discrimination in public places
17	Abolition of Untouchability
23	Prohibition of Human Trafficking and Forced Labour
24	Prohibition of Child Labour

The Supreme Court has increasingly emphasized that the State must ensure private entities also respect constitutional rights, particularly after the Justice K.S. Puttaswamy v. Union of India judgment.

Article 19(1)(a) - Freedom of Speech and Expression

Includes

Right to express opinions
Freedom of Press
Commercial Advertisements
Right to Know Government Activities
Right to Telecast
Freedom of Silence
Right against Telephone Tapping
Right to Demonstrate/Picket Peacefully
Right against Pre-Censorship

Does Not Include - Right to Strike

Reasonable Restrictions [Article 19(2)]

The State can impose restrictions on

Sovereignty and Integrity of India
Security of the State
Friendly Relations with Foreign States
Public Order
Decency or Morality
Contempt of Court
Defamation
Incitement to an Offence

Mnemonic - "SS FPD CDI"

Sovereignty
Security
Friendly Relations
Public Order
Decency
Contempt
Defamation
Incitement

Right to Internet - Anuradha Bhasin Case (2020)

Anuradha Bhasin v. Union of India

Internet access for lawful trade and expression enjoys constitutional protection under Article 19.

Ghulam Nabi Azad Case

Indefinite internet shutdowns violate freedom of speech and expression.

Article 19(1)(b) - Freedom of Assembly

Citizens can:

Hold meetings
Organize demonstrations
Take out peaceful processions

Conditions

Must be peaceful
Must be without arms

Does Not Protect

Violent assemblies
Riots
Armed gatherings
Right to strike

Restrictions

Sovereignty and Integrity of India
Public Order

Important Provisions

Section 144 CrPC

Magistrate can prohibit assemblies to prevent danger.

Section 141 IPC

Assembly of 5 or more persons may become unlawful under specified conditions.

Article 19(1)(c) – Freedom of Association

Citizens can form:

Political Parties
Trade Unions
Clubs
Companies
Societies
Partnership Firms
Co-operative Societies

Co-operative Societies Added by 97th Constitutional Amendment Act, 2011.

It includes the right to form political parties, companies, partnership firms, societies, clubs, organisations, trade unions or any body of persons
It covers the negative right of not to form or join an association or union

Restrictions

Sovereignty and Integrity of India
Public Order
Morality

Supreme Court View

Trade unions:

No Fundamental Right to Strike
No Fundamental Right to Lockout
No Guaranteed Right to Collective Bargaining

Article 19(1)(d) – Freedom of Movement

Every citizen can move freely throughout India.

Restrictions

Interest of General Public
Protection of Scheduled Tribes

Two Dimensions of Movement

Article	Scope
Article 19	Internal movement within India
Article 21	Travel abroad and return

Article 19(1)(e) – Freedom of Residence

Every citizen has the right to reside and settle in any part of the territory of the country

Citizens can:

Reside anywhere in India
Settle permanently anywhere in India

Importance

Promotes National Integration
Removes Internal Barriers
Reduces Regionalism

Restrictions

Interest of General Public
Protection of Scheduled Tribes

Article 19(1)(g) – Freedom of Profession

Citizens may:

Practice any profession
Carry on any occupation
Conduct trade or business

State Can

(a) Prescribe Qualifications

Examples:

Medical Degree for Doctors
Law Degree for Advocates

(b) Establish State Monopoly

Government may exclusively run certain businesses.

Restrictions

In the interest of General Public.

Not Protected

Immoral professions
Dangerous activities

Examples:

Human trafficking
Illegal drug trade

Article 20 – Protection in Respect of Conviction for Offences

Provides protection against arbitrary punishment.

1. No Ex-Post Facto Law

A person cannot be punished under a law enacted after the offence was committed.

Applies Only To: Criminal Laws

2. No Double Jeopardy

"No person shall be punished twice for the same offence."

3. No Self-Incrimination

"No person can be compelled to be a witness against himself."

Mnemonic: EDS

Ex-post facto
Double Jeopardy
Self-incrimination

Article 21 – Right to Life and Personal Liberty

"No person shall be deprived of his life or personal liberty except according to procedure established by law."

The Supreme Court calls Article 21 the heart of Fundamental Rights.

Evolution of Article 21

A.K. Gopalan Case (1950)

A.K. Gopalan v. State of Madras

Court Held

Protection against arbitrary executive action
No protection against arbitrary legislative action

Narrow interpretation.

Maneka Gandhi Case (1978)

Maneka Gandhi v. Union of India

Landmark Judgment

The Court held:

Law must be fair, just and reasonable
Article 21 protects against arbitrary executive and legislative action
Expanded meaning of personal liberty

Procedure Established by Law vs Due Process of Law

Procedure Established by Law	Due Process of Law
Japanese concept	American concept
Checks procedure only	Checks procedure + fairness
Narrow scope	Wider scope
Less judicial review	More judicial review

Rights Derived from Article 21

Important Rights Recognized by Supreme Court

Right to Human Dignity
Right to Privacy
Right to Health
Right to Shelter
Right to Livelihood
Right to Clean Environment
Right to Education
Right to Speedy Trial
Right to Legal Aid
Right to Reputation
Right to Sleep
Right against Noise Pollution
Right to Travel Abroad
Right to Fair Trial
Right to Emergency Medical Aid
Right to Information
Right to Sustainable Development

Important Article 21 Cases

Puttaswamy Case (2017)

Justice K.S. Puttaswamy v. Union of India
Declared Right to Privacy a Fundamental Right.

Unnikrishnan Case (1993)

Recognized Right to Primary Education.

Subramanian Swamy Case (2016)

Recognized Right to Reputation.

Common Cause Case (2018)

Recognized Passive Euthanasia and Living Will.

Hadiya Case (2018)

Recognized Right to Marry a Person of Choice.

Article 21A – Right to Education

Added By 86th Constitutional Amendment Act, 2002
Free and compulsory education for children aged 6–14 years.

Related Changes

Article 45: State shall provide early childhood care and education up to 6 years.
Article 51A(k): Parents must provide education opportunities to children aged 6–14 years.

Article 45 in Part IV : Provision for free and compulsory education for children under 6 years owever, being a directive principle, it was not enforceable by the courts

Article 22 - Protection Against Arrest and Detention

Two types:

Type	Meaning
Punitive Detention	After trial and conviction
Preventive Detention	Before trial to prevent future offences

Punitive Detention

Rights under Article 22(1) & 22(2)

Right to know grounds of arrest
Right to consult a lawyer
Produced before magistrate within 24 hours
Cannot be detained beyond 24 hours without magistrate's approval

Preventive Detention

Prevent future harmful acts.
No trial required initially.

Safeguards

Grounds of detention must be communicated.
Opportunity to make representation.
Detention beyond 3 months requires Advisory Board opinion.

Not Available To

Enemy aliens
Persons detained under preventive detention laws (certain safeguards differ)

44th Constitutional Amendment 1978

Reduced detention period without Advisory Board review:

From 3 months
To 2 months

However, this provision has not been brought into force.

Important Preventive Detention Laws

Law	Year
Preventive Detention Act	1950 (Expired)
MISA	1971 (Repealed) in 1978
COFEPOSA	1974
NSA	1980
PBMSECA	1980
TADA	1985 (Repealed) in 1995
PITNDPSA	1988
POTA	2002 (Repealed) in 2004
UAPA	1967 (Amended multiple times) in 2004, 2008, 2012 and 2019

Quick Revision (Articles 19–22)

Article	Topic
19	Six Freedoms
20	Protection in Criminal Cases
21	Life & Personal Liberty
21A	Right to Education
22	Arrest & Detention

Mnemonic - "F-C-L-A"

F → Freedom (19)
C → Criminal Protection (20)
L → Life & Liberty (21)
A → Arrest & Detention (22)

Right Against Exploitation (Articles 23–24)

The Right Against Exploitation protects individuals, especially vulnerable sections of society, from exploitation, forced labour, human trafficking, and child labour.

Article	Provision
Article 23	Prohibition of Human Trafficking and Forced Labour
Article 24	Prohibition of Child Labour

Article 23 – Prohibition of Traffic in Human Beings and Forced Labour

What Article 23 Prohibits

Traffic in Human Beings
Begar (Forced Labour)
Other Similar Forms of Forced Labour

Meaning of Traffic in Human Beings

Includes:

Selling and buying of persons
Prostitution
Devadasi system
Slavery
Human trafficking
Forced marriage
Organ trafficking
Forced begging
Child soldiers
Domestic servitude
Sexual exploitation

Begar = Labour without payment

A person is forced to work without wages.

Even if payment is given, forcing someone to work against their will is unconstitutional.

Bonded Labour

When a person is forced to work because of a debt or loan that cannot be repaid.

Example:

A family takes a loan from a landlord.
The family is forced to work for years without freedom.

Article 23 makes bonded labour unconstitutional.

Scope of Article 23

Article 23 protects against

State exploitation
Private exploitation

This is one of the few Fundamental Rights enforceable against both the State and private individuals.

Constitutional Obligation of the State

The State must:

Punish offenders
Prevent trafficking
Abolish bonded labour
Protect vulnerable groups

Exception to Article 23

Article 23(2)

The State can impose compulsory service for public purposes.

Examples:

Military service
National service
Social service during emergencies

Condition

No discrimination on grounds of:

Religion
Race
Caste
Class

Important Acts Related to Article 23

1. Immoral Traffic (Prevention) Act, 1956

Prevents human trafficking and exploitation for prostitution.

2. Bonded Labour System (Abolition) Act, 1976

Abolishes bonded labour and cancels bonded debts.

Article 24 – Prohibition of Employment of Children

Children below 14 years of age cannot be employed in:

Factories
Mines
Hazardous occupations

Objective

To protect children from:

Physical exploitation
Economic exploitation
Hazardous working conditions

Originally, Article 24 prohibited employment only in hazardous occupations. It did not prohibit children from doing harmless work.

Connection with DPSP

Article 39(e) & 39(f)

The State must ensure:

Children are not abused.
Childhood is protected from exploitation.

Major Laws Related to Child Labour

1. Child and Adolescent Labour (Prohibition and Regulation) Act, 1986

(Originally Child Labour Act, 1986)

Amendment 2016

Renamed as: Child and Adolescent Labour (Prohibition and Regulation) Act

Objective

Prohibits child labour in hazardous occupations.
Regulates employment conditions.

2. Mines Act, 1952

No person below 18 years can work in mines.

3. Factories Act, 1948

Children below 14 years cannot work in factories.

4. Plantation Labour Act, 1951

Minimum employment age: 12 years.
Periodic health check-ups required.

5. Motor Transport Workers Act, 1961

Prohibits employment below 15 years.

6. Apprentices Act, 1961

Apprenticeship below 14 years prohibited.

7. Beedi and Cigar Workers Act, 1966

Employment below 14 years prohibited.

National Commission for Protection of Child Rights (NCPCR)

National Commission for Protection of Child Rights

Established in 2007.
Created under the Commission for Protection of Child Rights Act, 2005.

Functions

Protect child rights.
Monitor implementation of child welfare laws.
Address complaints regarding child rights violations.

Children's Courts

Special Children's Courts were established for

Speedy trial of offences against children
Better protection of child rights

Child Labour Rehabilitation Welfare Fund

Established in 1996
Rehabilitation of rescued child labourers.
Education and welfare support.

Article 23 vs Article 24

Basis	Article 23	Article 24
Subject	Human Trafficking & Forced Labour	Child Labour
Beneficiaries	Citizens & Foreigners	Children below 14 years
Against	State + Private Individuals	State + Private Individuals
Objective	Prevent Exploitation of Persons	Protect Children
Exception	Compulsory Public Service Allowed	No exception for hazardous work

Quick Revision

Article 23: THFB

T = Trafficking
H = Human Exploitation
F = Forced Labour
B = Bonded Labour

Prohibits human trafficking, begar, bonded labour, and all forms of forced labour.

Article 24: No Child Below 14 Years in:

Factories
Mines
Hazardous Industries

Prohibits employment of children below 14 years in factories, mines, and hazardous occupations.

Important Acts

Bonded Labour System (Abolition) Act, 1976
Immoral Traffic (Prevention) Act, 1956
Child & Adolescent Labour Act, 1986 (Amended 2016)

Important Body

National Commission for Protection of Child Rights (NCPCR, 2007)

Articles 23 and 24 are among the Fundamental Rights that are enforceable against both the State and private individuals.

Right to Freedom of Religion (Articles 25–28)

The Right to Freedom of Religion guarantees religious freedom to all persons in India.

Article	Provision
25	Freedom of Conscience and Free Profession, Practice & Propagation of Religion
26	Freedom to Manage Religious Affairs
27	Freedom from Taxation for Promotion of Religion
28	Freedom from Attending Religious Instruction

Secularism in India

The word "Secular" means that the State has no official religion.

India follows:

Equal respect for all religions
No State religion
Religious neutrality by the State

Unlike some countries, Indian secularism means: "Sarva Dharma Sambhava" (Equal respect for all religions)

Article 25

Freedom of Conscience and Free Profession, Practice and Propagation of Religion

Four Religious Freedoms

1. Freedom of Conscience

Inner freedom of a person to believe or not believe in any religion.

2. Profess

To declare and openly express one's faith.

3. Practice

To perform religious rituals and ceremonies.

4. Propagate

To spread religious beliefs among others.

Mnemonic: CPPP

Conscience
Profess
Practice
Propagate

Restrictions on Article 25

Religious freedom is subject to:

Public Order
Morality
Health

Powers of the State

The State may make laws for

1. Regulation of Secular Activities

Financial, economic, political, or secular activities associated with religion.

2. Social Welfare and Reform

Examples:

Abolition of Sati
Prohibition of Human Sacrifice
Ban on Bigamy in certain contexts
Temple entry reforms

Special Provision for Sikhs

The carrying and wearing of Kirpan is considered part of the profession of the Sikh religion.

Hindus Include

For the purpose of Article 25

Hindus
Sikhs
Jains
Buddhists

are treated together regarding Hindu religious institutions.

Article 26 – Freedom to Manage Religious Affairs

Who Gets This Right?

Every religious denomination or any section thereof.

Rights under Article 26

A religious denomination can:

Establish and maintain religious and charitable institutions.
Manage its own religious affairs.
Own movable and immovable property.
Administer such property according to law.

Article 26 Protects

Collective religious freedom
Community rights

Religious Denomination

The Constitution does not define religious denomination.

Supreme Court Test

According to S.P. Mittal v. Union of India, a denomination must have:

Common faith/doctrine
Common organization
Distinctive name

Examples

Hinduism

Shaivism
Vaishnavism
Shaktism

Islam

Sunni
Shia

Restrictions under Article 26

Subject to:

Public Order
Morality
Health

Article 27 – Freedom from Taxation for Promotion of Religion

No person shall be compelled to pay taxes for promoting or maintaining any particular religion.
Public money collected through taxes cannot be used to promote one religion over another.

Tax vs Fee

Tax	Fee
Not allowed for promotion of religion	Allowed
General revenue	Specific service
Article 27 applies	Article 27 does not apply

Examples of Permissible Fees

Pilgrimage management fee
Temple administration fee
Regulatory fee for religious institutions

Because such fees are for administration and regulation, not promotion of religion.

Article 28 - Freedom from Religious Instruction

Deals with religious instruction in educational institutions.

Four Types of Educational Institutions

Institution Type	Religious Instruction
Wholly maintained by State	Completely Prohibited
Administered by State but established under Trust/Endowment	Permitted
Recognized by State	Permitted on Voluntary Basis
Receiving State Aid	Permitted on Voluntary Basis

Important Rule

No person can be forced to attend:

Religious instruction
Religious worship

in institutions recognized by or receiving aid from the State.

For Minors : Consent of guardian is required.

Quick Revision Table

Article	Key Provision
25	Conscience, Profess, Practice, Propagate
26	Manage Religious Affairs
27	No Tax for Promotion of Religion
28	No Compulsory Religious Instruction

Article 25 vs Article 26

Basis	Article 25	Article 26
Applies To	Individuals	Religious Groups
Nature	Individual Religious Freedom	Collective Religious Freedom
Rights	Profess, Practice, Propagate	Manage Religious Affairs
Beneficiaries	All Persons	Religious Denominations

Article 25: Freedom of conscience and the right to profess, practice and propagate religion.
Article 26: Religious denominations can manage their own religious affairs.
Article 27: No tax can be imposed for promotion of a particular religion.
Article 28: Religious instruction is prohibited in institutions wholly maintained by the State.

Mnemonic: "PPMT"

P → Profess, Practice, Propagate (Art. 25)
M → Manage Religious Affairs (Art. 26)
T → Tax Prohibited for Religion (Art. 27)
R → Religious Instruction Rules (Art. 28)

Or remember:

25 → Religion of Individual
26 → Religion of Group
27 → No Religious Tax
28 → No Forced Religious Education

Cultural and Educational Rights (Articles 29–30)

What are Cultural and Educational Rights?

These rights protect:

Language
Script
Culture
Educational interests of minorities

Their objective is to preserve India's cultural diversity and protect minority communities.

Minorities in India

Religious Minorities

Under the National Commission for Minorities Act, 1992:

Recognized minorities are:

Muslims
Christians
Sikhs
Buddhists
Parsis
Jains (added later)

Linguistic Minorities

People whose language is different from the majority language of a state are linguistic minorities.

Example - In Uttar Pradesh

Hindi speakers → Majority
Tamil, Telugu, Bengali speakers → Linguistic minorities

T.M.A. Pai Foundation Case (2002)

T.M.A. Pai Foundation v. State of Karnataka

The Supreme Court held that: Minority status should be determined state-wise and not nationally.

Article 29 – Protection of Interests of Minorities

Article 29(1)

Any section of citizens having

Distinct language
Distinct script
Distinct culture

has the right to conserve it

Applicable to:

Minorities
Majorities

Article 29(2)

No citizen shall be denied admission into State-maintained or State-aided educational institutions on grounds only of:

Religion
Race
Caste
Language

Article 29 protects:

Religious minorities
Linguistic minorities
Cultural groups
Majority communities

Article 30

Right of Minorities to Establish and Administer Educational Institutions

Who gets this right?

Only minorities

Religious minorities
Linguistic minorities

Rights under Article 30

1. Establish Educational Institutions

Minorities can establish institutions of their choice.

2. Administer Educational Institutions

They can manage their institutions independently.

3. Protection against Acquisition

Added by the 44th Amendment Act, 1978.

Compensation for acquisition should not destroy minority rights.

4. Non-Discrimination in Grant of Aid

Government cannot deny aid merely because an institution is minority-managed.

Article 29 vs Article 30

Basis	Article 29	Article 30
Beneficiaries	Minorities + Majority	Only Minorities
Objective	Protect Culture	Educational Institutions
Nature	Cultural Right	Educational Right
Individual Protection	Yes	No

Right to Property (Article 31 → Article 300A)

Originally: Fundamental Right

After 44th Amendment Act, 1978

Constitutional/Legal Right under Article 300A
No longer a Fundamental Right

Article 31A

Protects certain laws from being challenged under Fundamental Rights.

Covers

Acquisition of estates
State management of properties
Amalgamation of corporations
Rights of directors/shareholders
Mining leases

Article 31B and Ninth Schedule

Protects laws placed in the Ninth Schedule from challenge based on Fundamental Rights.

Important Case

I.R. Coelho v. State of Tamil Nadu (2007)

Supreme Court held: Ninth Schedule laws can still be reviewed if they violate the Basic Structure.

Article 31C

Protects laws implementing DPSPs under:

Article 39(b)
Article 39(c)

from challenge under:

Article 14
Article 19

Minerva Mills Case (1980)

Minerva Mills v. Union of India

The Supreme Court:

Struck down the expanded scope of Article 31C.
Introduced the Doctrine of Harmonious Balance between FRs and DPSPs.

Article 32 - Right to Constitutional Remedies

"Heart and Soul of the Constitution"

Called so by B. R. Ambedkar.

Provides the right to directly approach the Supreme Court for enforcement of Fundamental Rights.

Chandra Kumar Case (1997)

L. Chandra Kumar v. Union of India

Held: Judicial Review is part of the Basic Structure.

Writs under Article 32 and Article 226

Writ	Meaning
Habeas Corpus	Produce the body
Mandamus	We Command
Prohibition	To Forbid
Certiorari	To Be Certified
Quo Warranto	By What Authority

1. Habeas Corpus

"Produce the Body"

Protects personal liberty against illegal detention.

Can be issued against

Government
Private individuals

Cannot be issued when

Detention is lawful
Court order exists
Contempt proceedings

2. Mandamus

"We Command"

Issued to compel a public authority to perform a public duty.

Cannot be issued against

Private persons
President
Governor
Chief Justice acting judicially

3. Prohibition

"To Forbid"

Issued by a higher court to stop a lower court from exceeding jurisdiction.

Only Against

Judicial bodies
Quasi-judicial bodies

4. Certiorari

"To Be Certified"

Used to:

Transfer cases
Quash orders

Nature

Preventive
Curative

After 1991, can also be issued against administrative authorities.

5. Quo Warranto

"By What Authority?"

Checks legality of a person's claim to a public office.

Special Feature

Any interested person can file it.

Article 33

Parliament can restrict Fundamental Rights of:

Armed Forces
Police Forces
Intelligence Agencies
Paramilitary Forces

Purpose:

Discipline
Proper discharge of duties

Article 34 – Martial Law

Temporary military rule during extraordinary situations like:

War
Rebellion
Invasion
Insurrection
Violent unrest

The Constitution does not define martial law.

Article 35

Only Parliament can make laws regarding:

Article 16
Article 32
Article 33
Article 34

Includes

Residence requirement for certain jobs
Empowering courts to issue writs
Restricting rights of armed forces
Indemnity during martial law
Punishment for untouchability and trafficking

Criticism of Fundamental Rights

Excessive Restrictions
No Social & Economic Rights
Lack of Clarity
Not Permanent
Suspension During Emergency
Expensive Remedies
Preventive Detention
No Consistent Philosophy

Significance of Fundamental Rights

Foundation of Democracy
Protect Individual Liberty
Establish Rule of Law
Protect Minorities
Strengthen Secularism
Prevent Government Arbitrariness
Promote Social Justice
Ensure Human Dignity
Encourage Political Participation
Protect Rights against State Abuse

Articles 29–35 Mnemonic

"Culture–School–Property–Remedy–Force–Martial–Parliament"

Article	Topic
29	Protection of Culture
30	Minority Educational Institutions
31A	Acquisition of Estates
31B	Ninth Schedule
31C	DPSP Protection
32	Constitutional Remedies
33	Armed Forces Rights Restriction
34	Martial Law
35	Parliament's Exclusive Power

Most Important Facts

Article 32 = Heart & Soul of Constitution.
Article 29 applies to minorities and majorities.
Article 30 applies only to minorities.
Article 300A = Right to Property.
Five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
Judicial Review is part of Basic Structure (L. Chandra Kumar Case, 1997).
Ninth Schedule laws can be reviewed if they violate Basic Structure (I.R. Coelho Case, 2007).

UPSC Mains (PYQs) on Fundamental Rights

Examine the Scope of Fundamental Rights in Light of the Supreme Court's Right to Privacy Judgment

The landmark judgment in Justice K.S. Puttaswamy v. Union of India expanded the scope of Fundamental Rights by recognizing the Right to Privacy as a fundamental right.

Key Points

In 2017, a nine-judge bench of the Supreme Court unanimously held that the Right to Privacy is protected under Articles 14, 19, and 21.
Privacy is intrinsic to life and personal liberty.

It includes

Bodily privacy
Informational privacy
Decisional autonomy

The judgment strengthened protection against arbitrary state action.

It affects issues such as

Aadhaar
Data protection
Surveillance
Digital rights

Significance

Expanded interpretation of Article 21.
Reinforced human dignity and personal autonomy.
Established privacy as an essential component of liberty.

The Puttaswamy judgment transformed Fundamental Rights into a more dynamic and citizen-centric framework, adapting constitutional protections to the digital age.

Does the Right to a Clean Environment Entail Legal Regulations on Burning Crackers During Diwali? Discuss in Light of Article 21

Article 21 guarantees the Right to Life and Personal Liberty. The Supreme Court has interpreted this right to include the Right to a Clean and Healthy Environment.

Constitutional Basis

Article 21: Right to life includes pollution-free air and water.
Article 48A: Duty of the State to protect the environment.
Article 51A(g): Fundamental duty of citizens to protect nature.

Supreme Court's View

The Supreme Court has repeatedly regulated firecracker use to balance:

Religious freedom
Public health
Environmental protection

Important decisions include

Ban on highly polluting crackers.
Promotion of "green crackers."
Restrictions on timing of bursting crackers.
Protection of children, elderly persons, and patients from harmful pollution.

Arguments Supporting Regulation

Air pollution affects public health.
Noise pollution impacts vulnerable groups.
Environmental rights form part of Article 21.

Yes, the Right to a Clean Environment under Article 21 justifies reasonable legal restrictions on firecrackers. Such regulations aim to balance cultural practices with citizens' right to health and a pollution-free environment.

Freedom of Speech and Expression: Does it Cover Hate Speech? Why Do Films Stand on a Different Plane?

Article 19(1)(a) guarantees freedom of speech and expression.

It includes

Freedom of press
Artistic expression
Political criticism
Academic discussion
Online expression

Reasonable Restrictions (Article 19(2))

The State may impose restrictions in the interests of:

Sovereignty and integrity of India
Security of the State
Public order
Decency or morality
Defamation
Contempt of court
Incitement to an offence

Does It Cover Hate Speech?

No.

Hate speech:

Promotes hatred against communities.
Incites violence or discrimination.
Threatens public order.

Therefore, hate speech is not protected because it falls within the restrictions under Article 19(2).

Why Are Films Treated Differently?

The Supreme Court has observed that films have:

Strong visual and emotional impact.
Wider reach than books or speeches.
Greater influence on public opinion.

Hence, films are subject to pre-certification by the Central Board of Film Certification before public exhibition.

Freedom of speech is a cornerstone of democracy, but it does not protect hate speech. Films receive special regulatory treatment due to their powerful audiovisual influence on society.

Discuss Section 66A of the IT Act with Reference to Its Alleged Violation of Article 19

Section 66A of the Information Technology Act, 2000 criminalized sending offensive messages through electronic communication.

Problems with Section 66A

Terms such as Offensive, Annoying, Inconvenient & Menacing were vague and open to misuse.

Conflict with Article 19(1)(a)

Restricted online speech excessively.
Created fear among citizens expressing opinions online.
Lacked clear legal standards.

Supreme Court Judgment

In the landmark case of Shreya Singhal v. Union of India, the Supreme Court struck down Section 66A as unconstitutional.

Court's Reasoning

Violated freedom of speech and expression.
Was vague and arbitrary.
Did not fall within the permissible restrictions under Article 19(2).
Had a chilling effect on free speech.

Significance

Major victory for digital rights.
Strengthened online freedom of expression.
Reinforced constitutional safeguards against arbitrary laws.

The striking down of Section 66A reaffirmed that restrictions on speech must be reasonable, precise, and constitutionally justified. It remains a landmark judgment protecting free expression in the digital era.

UPSC/State PCS Mains Answer Writing Tip

For Fundamental Rights questions, follow this structure:

Introduction (2–3 lines) → Constitutional Provision/Articles → Supreme Court Judgments → Analysis/Arguments → Conclusion