Fundamental Rights under the Constitution of India

Article 12 - Definition of "State"

For Part III, "State" includes the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India.

Article 13 - Laws inconsistent with Fundamental Rights

Article 13 makes pre-Constitution laws void to the extent of inconsistency with Part III and prohibits the State from making laws that take away or abridge Fundamental Rights, subject to the constitutional text and amendments.

Doctrine of Severability

If the unconstitutional portion of a law can be separated from the valid portion, the invalid part may be severed while the rest survives. Kihoto Hollohan v. Zachillhu is an important severability decision.

Doctrine of Eclipse

A pre-Constitution law inconsistent with a Fundamental Right may become dormant or unenforceable to the extent of the inconsistency rather than being erased for all purposes. A leading authority is Bhikaji Narain Dhakras v. State of Madhya Pradesh.

Doctrine of Waiver

An individual cannot ordinarily waive a Fundamental Right in a manner that validates unconstitutional State action. Basheshar Nath v. Commissioner of Income Tax is a leading decision.

Article 14 - Equality before law and equal protection of laws

Article 14 applies to all persons, not only citizens. "Equality before law" reflects the rule-of-law tradition, while "equal protection of the laws" permits reasonable classification when the constitutional requirements are satisfied.

Constitutional immunities and privileges, such as those under Article 361 for the President and Governors and Articles 105 and 194 for legislative privileges, operate within their own constitutional fields. Diplomatic immunities arise under applicable law and international obligations.

Article 15 - Prohibition of discrimination

Article 15(1) prohibits State discrimination against a citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 15(2) protects citizens against specified discriminatory restrictions in access to public places and facilities.

• Article 15(3): permits special provisions for women and children.
• Article 15(4): permits special provisions for socially and educationally backward classes and for Scheduled Castes and Scheduled Tribes; it was added by the First Amendment following State of Madras v. Champakam Dorairajan.
• Article 15(5): added by the Ninety-third Amendment, permits specified special provisions relating to admission to educational institutions, subject to the minority-institution exception in Article 30(1).
• Article 15(6): added by the One Hundred and Third Amendment, enables special provisions, including reservation up to 10% in the specified circumstances, for economically weaker sections other than the classes covered by Articles 15(4) and 15(5).

Article 16 - Equality of opportunity in public employment

Article 16 guarantees equality of opportunity for citizens in matters of public employment and prohibits discrimination on the grounds specified in Article 16(2), including religion, race, caste, sex, descent, place of birth and residence.

• Article 16(3): Parliament may prescribe residence requirements for specified public employment.
• Article 16(4): permits reservation for a backward class of citizens not adequately represented in State services. Indra Sawhney v. Union of India is a leading authority on reservation.
• Article 16(4A): concerns reservation in promotion for Scheduled Castes and Scheduled Tribes in the constitutionally specified circumstances.
• Article 16(4B): concerns unfilled reserved vacancies carried forward as a separate class.
• Article 16(5): preserves religious or denominational requirements for specified offices connected with religious institutions.
• Article 16(6): permits reservation for economically weaker sections, subject to the constitutional conditions.

Article 17 - Abolition of Untouchability

"Untouchability" is abolished and its practice in any form is forbidden. The Untouchability (Offences) Act, 1955 was later renamed the Protection of Civil Rights Act, 1955.

Article 18 - Abolition of titles

The Constitution prohibits titles subject to the exceptions stated in Article 18. Military and academic distinctions are permitted. In Balaji Raghavan v. Union of India, the Supreme Court held that national awards are not prohibited titles, provided they are not used as titles or prefixes/suffixes in the prohibited sense.

Article 19 - Six freedoms of citizens

Article 19(1) presently protects the freedoms to:

1. speech and expression;
2. assemble peaceably and without arms;
3. form associations or unions or co-operative societies;
4. move freely throughout the territory of India;
5. reside and settle in any part of India; and
6. practise any profession, or carry on any occupation, trade or business.

The former Article 19(1)(f) right to acquire, hold and dispose of property was omitted by the Forty-fourth Amendment.

Reasonable restrictions

• Speech and expression - Article 19(2): sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation and incitement to an offence.
• Assembly - Article 19(3): sovereignty and integrity of India and public order.
• Associations - Article 19(4): sovereignty and integrity of India, public order and morality.
• Movement and residence - Article 19(5): interests of the general public or protection of the interests of any Scheduled Tribe.
• Profession, occupation, trade or business - Article 19(6): reasonable restrictions in the interests of the general public; professional or technical qualifications; and State monopoly in constitutionally permitted circumstances.

Important Article 19 principles

Freedom of speech and expression includes important dimensions such as freedom of the press. Romesh Thappar v. State of Madras is an early landmark decision. Freedom of expression also extends to modern communication media, subject to constitutionally permissible restrictions.

Article 20 - Protection in respect of conviction for offences

• Article 20(1): protection against ex post facto criminal conviction and enhanced punishment.
• Article 20(2): protection against prosecution and punishment for the same offence more than once - the constitutional protection against double jeopardy.
• Article 20(3): no person accused of an offence shall be compelled to be a witness against himself.

In Selvi v. State of Karnataka, the Supreme Court held that involuntary administration of narcoanalysis, polygraph examination and BEAP tests violates constitutional protections, subject to the principles explained in the judgment.

Article 21 - Protection of life and personal liberty

No person shall be deprived of life or personal liberty except according to procedure established by law. After Maneka Gandhi v. Union of India, a law and procedure interfering with personal liberty must satisfy constitutional standards of fairness, reasonableness and non-arbitrariness.

Important rights and principles developed through Article 21 jurisprudence include dignity, privacy, livelihood, shelter, speedy trial and legal aid. Leading cases include:

• Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) - a nine-judge Bench affirmed privacy as a constitutionally protected fundamental right. The separate Aadhaar merits judgment followed in 2018.
• Olga Tellis v. Bombay Municipal Corporation - right to livelihood as an aspect of Article 21.
• Chameli Singh v. State of U.P. - shelter and dignified life.
• Hussainara Khatoon v. State of Bihar - speedy trial.
• Khatri (II) v. State of Bihar - free legal aid for indigent accused in the circumstances explained by the Court.
• Gian Kaur v. State of Punjab - Article 21 does not include a general "right to die"; later end-of-life law developed through Common Cause v. Union of India.
• National Legal Services Authority v. Union of India - constitutional protection of gender identity and dignity.
• Navtej Singh Johar v. Union of India - consensual same-sex relations between adults cannot be criminalised under the invalidated part of former IPC section 377.
• Joseph Shine v. Union of India - former IPC section 497 on adultery was struck down as unconstitutional.

Article 21A - Right to Education

Inserted by the Constitution (Eighty-sixth Amendment) Act, 2002, Article 21A requires the State to provide free and compulsory education to all children aged six to fourteen years in the manner determined by law.

Article 22 - Protection against arrest and detention in certain cases

For an ordinary arrest, Article 22(1)-(2) provides key safeguards: the arrested person must be informed, as soon as may be, of the grounds of arrest; must not be denied the right to consult and be defended by a legal practitioner of choice; and must be produced before the nearest magistrate within 24 hours excluding necessary journey time. Detention beyond that period requires the authority of a magistrate.

Important exception: under Article 22(3), the protections in clauses (1) and (2) do not apply to an enemy alien or to a person arrested or detained under a law providing for preventive detention.

Article 22(4)-(7) separately regulates preventive detention, including Advisory Board review and Parliament's legislative power over specified matters. For exam purposes, read the current constitutional text because commencement provisions affecting the Forty-fourth Amendment have historically mattered to Article 22.

Article 23 - Prohibition of traffic in human beings and forced labour

Traffic in human beings, begar and other similar forms of forced labour are prohibited. The State may impose compulsory service for public purposes, but in doing so it cannot discriminate only on grounds of religion, race, caste or class.

Article 24 - Prohibition of employment of children in factories, etc.

No child below fourteen years may be employed to work in any factory or mine or engaged in any other hazardous employment, as stated in Article 24. Child labour is also regulated by parliamentary legislation.

Article 25 - Freedom of conscience and free profession, practice and propagation of religion

Article 25 is subject to public order, morality, health and the other provisions of Part III. It also preserves the State's power to regulate secular activities associated with religious practice and to make laws for social welfare and reform.

Explanation I states that wearing and carrying kirpans is included in the profession of the Sikh religion. Explanation II applies, for Article 25(2)(b), the constitutional reference to Hindus in the manner stated there to Sikhs, Jains and Buddhists.

Article 26 - Freedom to manage religious affairs

Subject to public order, morality and health, every religious denomination or section thereof has rights concerning religious and charitable institutions, its own affairs in matters of religion, property, and administration of property in accordance with law.

Article 27 - Freedom as to payment of taxes for promotion of a particular religion

No person can be compelled to pay taxes whose proceeds are specifically appropriated for promoting or maintaining a particular religion or religious denomination.

Article 28 - Religious instruction in educational institutions

Article 28 regulates religious instruction and worship in educational institutions, distinguishing institutions wholly maintained out of State funds, institutions administered by the State but established under an endowment or trust, and institutions recognised by the State or receiving State aid.

Article 29 - Protection of interests of minorities

Despite its marginal heading, Article 29(1) protects any section of citizens residing in India or any part of it having a distinct language, script or culture of its own, giving them the right to conserve it. Article 29(2) prohibits denial of admission into State-maintained or State-aided educational institutions on grounds only of religion, race, caste, language or any of them.

Article 30 - Right of minorities to establish and administer educational institutions

All minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice. Article 30 also contains protections concerning compulsory acquisition and non-discrimination in the grant of State aid.

Article 31A is a constitutional saving provision protecting specified categories of laws from challenge on certain Part III grounds, subject to its text and conditions. It should be studied with Articles 31B, 31C and the constitutional jurisprudence on judicial review and the basic structure doctrine.

Article 32 guarantees the right to move the Supreme Court by appropriate proceedings for enforcement of the rights conferred by Part III. The Supreme Court may issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari.

For detailed study, see the Article 32 and constitutional remedies notes.