Part III — Articles 12–35
Fundamental Rights protect:
Articles 14–18
Articles 19–22
Articles 23–24
Articles 25–28
Articles 29–30
Article 32
| Article | Topic |
|---|---|
| 12 | Definition of State |
| 13 | Laws inconsistent with Fundamental Rights |
| 14 | Equality |
| 15 | Prohibition of discrimination |
| 16 | Equality in public employment |
| 17 | Abolition of untouchability |
| 18 | Abolition of titles |
| 19 | Six freedoms |
| 20 | Protection in criminal cases |
| 21 | Life and personal liberty |
| 21A | Right to education |
| 22 | Arrest and detention |
| 23 | Trafficking and forced labour |
| 24 | Child labour in hazardous employment |
| 25 | Freedom of conscience and religion |
| 26 | Religious denominations |
| 27 | Religious taxation |
| 28 | Religious instruction |
| 29 | Language, script and culture |
| 30 | Minority educational institutions |
| 32 | Constitutional remedies |
| 33 | Rights of armed forces and specified services |
| 34 | Martial law |
| 35 | Parliamentary legislation |
Important rights available specifically to citizens include:
Articles 15, 16 and 19
Article 29 also uses the expression:
"citizens"
Important examples:
Article 14
Article 20
Article 21
Article 23
Article 25
Provides:
Equality before law
Equal protection of laws
It forms the constitutional foundation of equality.
Prohibits discrimination by the State on specified grounds:
It also permits specified forms of affirmative action.
Provides equality of opportunity in:
Public employment
It permits constitutionally authorised reservation and other special provisions.
Abolishes:
Untouchability
Abolishes:
Titles
subject to constitutional exceptions for:
Six freedoms:
Available to:
Citizens
These freedoms are subject to:
Reasonable restrictions
Three protections:
No retrospective criminal punishment.
No person should be prosecuted and punished for the same offence more than once.
No person accused of an offence can be compelled to be a witness against themselves.
Protects:
Life and personal liberty
The Supreme Court has expanded Article 21 to include several dimensions of dignified life.
Provides:
Free and compulsory education
for children aged:
6–14 years
Provides safeguards relating to:
Arrest and detention
It also contains constitutional provisions concerning:
Preventive detention
Prohibits:
Prohibits employment of children below:
14 years
in:
Provides:
Freedom of conscience
and the right to:
religion.
Subject to:
Religious denominations can:
Protects against taxation specifically appropriated for promotion or maintenance of a particular religion or religious denomination.
Deals with:
Religious instruction in educational institutions
Protects the interests of sections of citizens having a distinct:
Article 29(2) protects against denial of admission to specified educational institutions on specified grounds.
Protects the right of:
Religious and linguistic minorities
to establish and administer educational institutions of their choice.
Provides the right to approach the:
Supreme Court
for enforcement of Fundamental Rights.
Five constitutional writs:
Protection against unlawful detention.
Command to perform a public/legal duty.
Prevents a lower court or tribunal from continuing proceedings beyond its jurisdiction.
Quashes a decision of a lower court or tribunal in appropriate cases.
Challenges unlawful occupation of a public office.
Supreme Court
→ Fundamental Rights
High Courts
→ Fundamental Rights + other legal rights
Therefore:
Article 226 has wider scope.
Article 32 itself is a:
Fundamental Right
Parliament may modify Fundamental Rights in their application to specified:
Deals with:
Martial law
Gives Parliament exclusive legislative power in certain specified matters concerning Fundamental Rights.
Originally:
Fundamental Right
under:
Article 19(1)(f) + Article 31
Removed from Part III by:
44th Constitutional Amendment, 1978
Present position:
Article 300A
→ Constitutional Right
→ Not Fundamental Right
The constitutional position evolved through:
Shankari Prasad
↓
Parliament can amend Fundamental Rights.
Golaknath
↓
Parliament cannot abridge Fundamental Rights under its approach.
24th Amendment
↓
Strengthened Parliament's amending power.
Kesavananda Bharati
↓
Fundamental Rights can be amended.
But:
Basic Structure cannot be destroyed.
Minerva Mills
↓
Limited amending power is itself protected.
The Basic Structure Doctrine was established in:
Kesavananda Bharati — 1973
Important elements include:
Fundamental Rights can be amended, but an amendment cannot destroy the Basic Structure.
→ Individual liberty and equality
→ Justiciable
→ Social and economic justice
→ Non-justiciable
DPSP are not enforceable by courts but are:
Fundamental in the governance of the country.
The modern constitutional approach emphasises:
Harmony + Balance
Important case:
Minerva Mills
Protect individuals
Guide the State
Guide citizens
Fundamental Duties are contained in:
Article 51A
Originally added by:
42nd Amendment, 1976
11th duty added by:
86th Amendment, 2002
Deals with:
Article 19
and applies under the constitutional conditions relating to an Emergency proclaimed on:
War or external aggression
Deals with:
Right to move courts for enforcement of specified Fundamental Rights
It requires:
Presidential Order
The right to move courts for enforcement of:
Articles 20 and 21
cannot be suspended under Article 359.
Separate the unconstitutional part from the valid part.
Pre-Constitution law becomes inoperative to the extent of inconsistency.
Fundamental Rights cannot ordinarily be waived.
Determine the true nature of legislation.
What cannot be done directly cannot be done indirectly.
New judicial rule operates prospectively.
Parliament cannot destroy the Constitution's basic structure.
Interpret provisions so they operate together.
Interpret a provision narrowly to preserve constitutionality where legally possible.
Give effect to constitutional values such as liberty, equality and dignity.
| Case | Core Principle |
|---|---|
| A.K. Gopalan | Early narrow Article 21 approach |
| Champakam Dorairajan | FR and DPSP |
| Shankari Prasad | Amendment of Fundamental Rights |
| Golaknath | Limits on amendment of Fundamental Rights |
| Kesavananda Bharati | Basic Structure |
| Maneka Gandhi | Articles 14, 19 and 21 interconnected |
| Hussainara Khatoon | Speedy trial |
| Minerva Mills | Limited amending power + FR/DPSP balance |
| Olga Tellis | Right to livelihood |
| Indra Sawhney | Reservation + substantive equality |
| Vishaka | Workplace sexual harassment |
| I.R. Coelho | Ninth Schedule + Basic Structure |
| Puttaswamy | Right to privacy |
| Navtej Singh Johar | Dignity, equality and Section 377 |
| Joseph Shine | Equality, dignity and adultery law |
| Sabarimala | Equality and religious freedom |
| Anuradha Bhasin | Internet restrictions and constitutional freedoms |
Equality
Anti-discrimination + substantive equality
Golden Triangle
Special Emergency protection
Individual + Denomination
Cultural + Educational rights
Constitutional remedies
Citizens only
All persons
Any section of citizens
not only minorities.
Religious and linguistic minorities
Supreme Court + Fundamental Rights
High Court + wider scope
Article 19
Enforcement of specified Fundamental Rights
Constitutional Right to Property
Can be amended
but:
Basic Structure cannot be destroyed.
PART III
↓
ARTICLES 12–35
State + Judicial Review
↓
Equality
↓
Freedom
↓
Exploitation
↓
Religion
↓
Culture + Education
↓
Remedies
↓
Special Provisions
The Fundamental Rights framework balances:
Individual liberty
Equality
Dignity
Social justice
Constitutional supremacy
The Supreme Court has progressively interpreted these rights to respond to changing social and technological conditions.
For a Fundamental Rights question:
Constitutional provision
↓
Explain the right
↓
Relevant limitation
↓
Landmark judgment
↓
Contemporary issue
↓
Challenges
↓
Way forward
↓
Constitutional value
14–18
19–22
23–24
25–28
29–30
32
33–35
300A
368
358–359
Kesavananda Bharati
Part III = Articles 12–35
Six categories = Equality + Freedom + Exploitation + Religion + Culture + Remedies
Article 32 = Constitutional Remedies
Article 226 = Wider High Court writ jurisdiction
Article 300A = Property is a Constitutional Right
Article 358 = Article 19
Article 359 = Enforcement
Articles 20 + 21 = Protected during Emergency
Fundamental Rights can be amended
Basic Structure cannot be destroyed
FR + DPSP + Duties = Rights + State responsibility + Citizen responsibility
