Fundamental Rights:
• Fundamental Rights are those Rights which are mentioned under Part III of the Indian Constitution.
• There are certain Rights which are mentioned in the Constitution, but not under Fundamental Rights. Such Rights are called Constitutional Rights. (E.g. Right to Vote)
• There are certain Rights which are available to citizens through laws passed by Legislatures (Centre or State). Such Rights are called Statutory Rights. (E.g. Right to Information)
• Fundamental Rights are those Rights which are mentioned under Part III of the Indian Constitution.
• There are certain Rights which are mentioned in the Constitution, but not under Fundamental Rights. Such Rights are called Constitutional Rights. (E.g. Right to Vote)
• There are certain Rights which are available to citizens through laws passed by Legislatures (Centre or State). Such Rights are called Statutory Rights. (E.g. Right to Information)
Nature of Fundamental Rights:
1. Most of the Rights are Negative Obligations on the State (E.g. Article 14), with certain exceptions (E.g.Article 21A). Negative Obligations means that the State cannot do something that hurts or curtails people’s rights.
2. Majority of Rights mentioned in Part III are enjoyed by citizens against the State.
3. These Rights are Justiciable.
4. Fundamental Rights are not absolute i.e. certain reasonable restrictions can be imposed upon them.
5. Fundamental Rights can be suspended during emergency.
6. Fundamental Rights of people occupying sensitive positions (Armed Forces, Intelligence Agencies etc.) can be restricted or even denied by Parliament by law.
7. Most of the Right are self executory i.e. the parliament need not make laws to implement these Rights. There are certain exceptions e.g. For Right to Education under Article 21A, a law was required by the parliament.
8. Some of these Rights are available to aliens (Foreigners).
1. Most of the Rights are Negative Obligations on the State (E.g. Article 14), with certain exceptions (E.g.Article 21A). Negative Obligations means that the State cannot do something that hurts or curtails people’s rights.
2. Majority of Rights mentioned in Part III are enjoyed by citizens against the State.
3. These Rights are Justiciable.
4. Fundamental Rights are not absolute i.e. certain reasonable restrictions can be imposed upon them.
5. Fundamental Rights can be suspended during emergency.
6. Fundamental Rights of people occupying sensitive positions (Armed Forces, Intelligence Agencies etc.) can be restricted or even denied by Parliament by law.
7. Most of the Right are self executory i.e. the parliament need not make laws to implement these Rights. There are certain exceptions e.g. For Right to Education under Article 21A, a law was required by the parliament.
8. Some of these Rights are available to aliens (Foreigners).
Article 12 – Definition of State
1. It states that, unless the context otherwise requires, “the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
2. All local or other authorities include all Institutions of local self-Government (E.g. municipality, Panchayats etc.)
1. It states that, unless the context otherwise requires, “the State’’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.
2. All local or other authorities include all Institutions of local self-Government (E.g. municipality, Panchayats etc.)
Article 13 - Laws inconsistent with or in derogation of the fundamental rights
1. 13 (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
2. 13 (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
1. 13 (1) All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
2. 13 (2) The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
Amendment of Fundamental Rights
• Article 13 (2) states that the state shall not make any laws which take away Fundamental Rights of a citizen. A question arises as to whether the term ‘law’ in Article 13 (2) includes just ordinary laws or Constitutional Amendment Acts also. If Constitutional Amendment Act is not covered under law then the Parliament can amend the Fundamental rights by Amending the Constitution itself.
• The Supreme Court Shankari Prasad vs. Union of India (1951) case held that Constitutional Amendment Act is not a law and thus Parliament can amend any Fundamental Right by using Constitutional Legislative Power. It gave a similar verdict in Sajjan Singh vs. State of Rajasthan Case (1965) case.
• However in Golaknath vs. State of Punjab (1967) case the Supreme Court held that Fundamental Rights had been given transcendental position by the Constitution and even Parliament cannot amend Fundamental Rights.
• Article 13 (2) states that the state shall not make any laws which take away Fundamental Rights of a citizen. A question arises as to whether the term ‘law’ in Article 13 (2) includes just ordinary laws or Constitutional Amendment Acts also. If Constitutional Amendment Act is not covered under law then the Parliament can amend the Fundamental rights by Amending the Constitution itself.
• The Supreme Court Shankari Prasad vs. Union of India (1951) case held that Constitutional Amendment Act is not a law and thus Parliament can amend any Fundamental Right by using Constitutional Legislative Power. It gave a similar verdict in Sajjan Singh vs. State of Rajasthan Case (1965) case.
• However in Golaknath vs. State of Punjab (1967) case the Supreme Court held that Fundamental Rights had been given transcendental position by the Constitution and even Parliament cannot amend Fundamental Rights.
The 24th Constitutional Amendment Act amended Article 13 and 368 :
• The Supreme Court has not explicitly defined the term “Basic Structure”. However, in various judgments, the Supreme Court has held that the following concepts form a part of Basic Structure
1. Supremacy of the Constitution
2. Secular character of the Constitution
3. Federalism
4. Separation of Powers
5. Power of Judicial Review
6. The mandate to build a welfare state
• The Supreme Court has not explicitly defined the term “Basic Structure”. However, in various judgments, the Supreme Court has held that the following concepts form a part of Basic Structure
1. Supremacy of the Constitution
2. Secular character of the Constitution
3. Federalism
4. Separation of Powers
5. Power of Judicial Review
6. The mandate to build a welfare state
Classification of Fundamental Rights:
1. Right to Equality (Article 14 to 18)
2. Right to Freedom (Article 19 to 22)
3. Right against Exploitation (Article 23 to 24)
4. Right to Freedom of Religion (Article 25 to 28)
5. Cultural and Educational Right (Article 29 to 30)
6. Right to Constitutional Remedies
1. Right to Equality (Article 14 to 18)
2. Right to Freedom (Article 19 to 22)
3. Right against Exploitation (Article 23 to 24)
4. Right to Freedom of Religion (Article 25 to 28)
5. Cultural and Educational Right (Article 29 to 30)
6. Right to Constitutional Remedies
Fundamental Rights:
• Rights guaranteed by the constitution to all persons without any discrimination.
• Magna carta of the constitution to promote the political democracy.
• They are justiciable in nature and hence protected by the constitution.
• Rights guaranteed by the constitution to all persons without any discrimination.
• Magna carta of the constitution to promote the political democracy.
• They are justiciable in nature and hence protected by the constitution.
Important Facts to Remember
1. Part III of the Constitution deals with the Fundamental rights
2. Articles : 12 to 35.
3. Part III is also called as the 'Magna Carta' of the Indian constitution.
4. Fundamental Rights promotes the political democracy.
5. The fundamental rights are justiciable in nature and hence enforcible by the law.
6. All Article Under Fundamental Rights Chapter
1. Part III of the Constitution deals with the Fundamental rights
2. Articles : 12 to 35.
3. Part III is also called as the 'Magna Carta' of the Indian constitution.
4. Fundamental Rights promotes the political democracy.
5. The fundamental rights are justiciable in nature and hence enforcible by the law.
6. All Article Under Fundamental Rights Chapter
Article 12 State Definition
Article 13 Laws violating Fundamental Rights be Void
Article 14 Equality Before Law
Article 13 Laws violating Fundamental Rights be Void
Article 14 Equality Before Law
Right To Equality
Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 16 Equality of opportunity in matters of public employment
Article 17 Abolition of Untouchability
Article 18 Abolition of Titles
Article 19 Protection of certain rights regarding freedom of speech, etc.
Article 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
Article 16 Equality of opportunity in matters of public employment
Article 17 Abolition of Untouchability
Article 18 Abolition of Titles
Article 19 Protection of certain rights regarding freedom of speech, etc.
Right to Freedom
Article 20 Protection in respect of conviction for offences.
Article 21 Protection of life and personal liberty
Article 21A Right to Education
Article 22 Protection against arrest and detention in certain cases
Article 20 Protection in respect of conviction for offences.
Article 21 Protection of life and personal liberty
Article 21A Right to Education
Article 22 Protection against arrest and detention in certain cases
Right Against Exploitation
Article 23 Prohibition of traffic in human beings and forced labour
Article 24 Prohibition of employment of children in factories, etc.
Article 25 Freedom of conscience and free profession, practice and propagation of religion.
Article 23 Prohibition of traffic in human beings and forced labour
Article 24 Prohibition of employment of children in factories, etc.
Article 25 Freedom of conscience and free profession, practice and propagation of religion.
Right to Freedom of Religion
Article 26 Freedom to manage religious affairs
Article 27 Freedom as to payment of taxes for promotion of any particular religion
Article 28 Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.
Article 26 Freedom to manage religious affairs
Article 27 Freedom as to payment of taxes for promotion of any particular religion
Article 28 Freedom as to attendance at religious instruction or religious
worship in certain educational institutions.
Cultural and Educational Rights
Article 29 Protection of interests of minorities.
Article 30 Right of minorities to establish and administer educational institutions.
Article 29 Protection of interests of minorities.
Article 30 Right of minorities to establish and administer educational institutions.
Saving of certain Laws
Article 31A Saving of laws providing for acquisition of estates, etc.
Article 31B Validation of certain Acts and Regulations
Article 31C Saving of laws giving effect to certain directive principles.
Article 32 Remedies for enforcement of rights conferred by this Part.
Article 31A Saving of laws providing for acquisition of estates, etc.
Article 31B Validation of certain Acts and Regulations
Article 31C Saving of laws giving effect to certain directive principles.
Article 32 Remedies for enforcement of rights conferred by this Part.
Remedies
Article 33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
Article 34 Restriction on rights conferred by this Part while martial law is in force in any area
Article 35 Legislation to give effect to the provisions of this Part.
Article 33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.
Article 34 Restriction on rights conferred by this Part while martial law is in force in any area
Article 35 Legislation to give effect to the provisions of this Part.
Note: Article 31 Right to Property was abolished by 44th Constitutional Amendment act 1978.
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