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Fundamental Rights under Constitution of India

1. Fundamental Rights are borrowed from US Constitution Bill of Rights.

2. Initially there were 7 Fundamental Rights

Article 31 Right to Property was removed by 44th Amendment in 1978

3. Property Rights =Magna Carta (Concept of England)

4. Fundamental Rights are Justciable i.e. a Writ Can be filed to restore it.

5. Property Rights not absolute i.e. it can be amended

6. In case of emergency, only Article 20 and 21 are valid.

7. Guardian of Fundamental Rights is Supreme Court



12 - Definition

13 - Laws inconsistent with or in derogation of the fundamental rights.

14 - 18 Right to Equality

19 - 22 Right to Freedom

23 - 24 Rights against exploitation

25 - 28 Right to freedom of religion

29 - 30 Cultural and Educational Rights

32 - Right to Constitutional Remedies



8. Article 12

Definition In this part, 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.


Article 13

i. Doctrine of Severalty

If any section can be removed from a sentence, such after removal, the remaining sentence makes sense, such small section can be removed.

Kihoto Hollohan vs Zachillhu And Others - SCR (1) 686, 1992 SCC Supl. (2) 651


ii. Doctrine of Eclipse

If any law contravenes with Fundamental Rights, they do not remove the law, but declare the contravening part inoperative.

Un enforceable - Bhikaji Narain Dhakras And Others vs The State Of Madhya Pradesh And ors 1955 - AIR 781, 1955 SCR (2) 589


iii. Doctrine of Waiver

- Fundamental Rights cannot be waived by an Individual


Article 14 Equality before law

- Foreigners and Indian Citizens have this right

- Foreigners do not have right of Article 15, 16, 19, 29 and 30

However Articles 17, 18, and 32 are available to Foreigners through case laws.

Equality before Law - Taken from British Law

Equal Protection of Laws - Taken from American Laws


Article 14 exceptions

1. President, Vice President, Governor

2. MPs, MLCs, and MLAs

3. UN & its Agencies

4. Diplomats, Ambassadors etc



- Legal Person

- Statutory Corporations

- Registered Societies

- Companies




Article 15 Prohibition of discrimination based on:

i. Religion

ii. Race

iii. Caste

iv. Sex

v. Place of Birth

vi. or any of them

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them

(2) No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to

(a) access to shops, public restaurants, hotels and palaces of public entertainment; or

(b) the use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public


Women and Children

Backward Classes

1st Amendment The State Of Madras vs Srimathi Champakam - 1951 AIR 226, 1951 SCR 525

The Supreme Court set aside Medical College reservations granted by Tamil Nadu Government to OBCs.

Then the Government brought Article 15(4)

Scheduled and Economic Classes - 93rd Amendment 2005

Reservation limit of 10% - 103rd Amendment 2019


Article 16 Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State

(2) No Citizen shall be discriminated based on:

i. Religion

ii. Race

iii. Sex

iv. Place of Birth

v. Caste

vi. Decent

vii. Residence


(3) State can discriminate on the basis of Residence.

(4) OBC Mandal Commission Report - 27% OBC Reservation. Backlog 50%.

(4A) Promotion of SCs and STs

85th Amendment of 2000 - Permitting promotions with consequential seniority to government service.

(4B) Backlog vacancies to be filled

81st Amendment 2000

(5) Religion, trust properties

(6) EWS 10% - Article 15(6) - 103rd Amendment.



Article 17 Abolition of Untouchability

Untouchability Act 1955

Protection of Civil Rights Act, 1076

Devarajiah vs B. Padmanna - AIR 1958 Kant 84, AIR 1958 Mys 84, (1958) 36 MysLJ


Article 18 Abolition of titles

Gallantry Awards are not titles

Balaji Raghavan vs union of India


Article 19 Protection of certain rights regarding freedom of speech etc

(1)(a) freedom of speech and expression

(1)(b) assemble peacefully without arms

(1)(c) form associations and unions

(1)(d) Move freely throughout the territory of India

(1)(e) Reside and settle through out territory of India

X(1)(f) Right to Property

(1)(g) Practice any profession, or to carry on any occupation, trade or practice


(2) Restrictions

(a) Freedom of speech and expression.

1. Sovereignty and Integrity of India

2. Security of State

3. Friendly relations with foreign states

4. Public order

5. Decency / Morality

6. Contempt of court

7. Defamation

8. Incitement of an offence


(3) Restrictions

(a) Assemble peacefully without arms

1. Sovereignty and Integrity of India

2. Public Order


(4) Restrictions

(c) Form associations and Unions

1. Sovereignty and Integrity of India

2. Public Order

3. Morality.


(5) Restrictions

(d) & (e) Move freely and reside and settle

1. Public Interest

2. State Interest

(6) Restrictions

(g) Profession, trade, practice

1. Public Interest

2. Professional Qualifications

3. Carrying on of business.


Legal Sovereignty - Constitution

Political Sovereignity - People of India


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

1. Freedom of Press

Romesh Thappar vs The State Of Madras 1950 AIR 124, 1950 SCR 594

2. Right to telecast and broadcast

3. Film Censorship

4. Freedom of Silence

5. Express gender identity


Article 20 Protection in respect of conviction for offences

1. Ex post Facto laws (Original) - Rule of Law British

- Punishment only for violating law, no greater penalty.

2. Double Jeoparady - Nemo debet bis vexari

- Punishment once

3. Self incrimination -

- One cannot be forced to be witness against self.

- Narco Test analysis

Selvi vs state of karnataka citation 2010 7 SCC 263

- Narco Test cannot be done without the consent of accused


Article 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

1. A. K. Gopalan

- Personal Liberty means physical body

2. Maneka Gandhi

- A. K. Gopalan Refjected

- Physical body is not the limit

- Human Dignity

3. Retd. Justice Puttuswamy - Aadhaar case

- Right to privacy is a Fundamental Right under Article 21

4. Joseph Shine

- Adultery is not a crime

- Article 14 & 21

5. Navtej Singh Johar v. Union of India

- Homo sexuality constitutional

National Legal Ser.Auth vs Union Of India & Ors

- Person has right to live as transgender - Article 19(1)(a)

Olga Tellis & Ors vs Bombay Municipal Corporation & ors AIR 180, 1985 SCR Supl. (2) 51

6. Right to sleep

7. Right to shelter Article 19(1)(e) as well Chameli Singh

8. Guan Kaur Vs State of Punjab

- Right to life does not include right to die

9. Sheela Barse Vs Union of India - Husnaira Khatoon

- Speedy Trial

10 Aruna Shanbaug

- Passive euthanasia

11. Fahima Shirin Vs State of Kerala

- Right to Internet

12. Khatri Vs State of Bihar

- Right to free legal aid


Article 21A Right to Education

86th Amendment, 2002

Free and Compulsory Education till 8th class

- Avinash Kumar Vs State of Bihar

- Mohini Jain Vs State of Kerala

- Unnikrishnan Vs State of Andhra Pradesh


Article 22 Protection against arrest and detention in certain cases

1. Communicate Ground

2. Allow to consult a legal practitioner

3. Produce before Magistrate within 24 hours

-Point 3 note applicable in case of alien or preventive detentions

4. Maximum period of preventive detention is 3 months.

5. Communicate ground for preventive detention

6. May not disclose facts against the public interest

7. Parliament by law may prescribe

(i) More than 3 months cases, (b) Maximum Period, (c) Procedure to be followed.


Detention -> Arrest -> Charge sheet

44th Amendment 1978 - Preventive detention cannot authorise, in any case, detention for a longer period than three months.


Article 23 Prohibition of traffic in human beings and forced labour

- Prohibition of human traffic

- State can impose compulsory service


Article 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.


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

(1) Public order, morality, health

(2) (a) regulating or restricting any economic, financial, political or other secular activity

(b) Social Welfare

Exp 1 : Kripans

Exp 2 : Who all are Hindus


Article 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


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

(1) No religion instruction shall be provided in any educational institution wholly maintained out of State funds

(2) Nothing in clause ( 1 ) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution

(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto Cultural and Educational Rights


Article 29 Protection of interests of minorities

(1) Minorities have the right to conserve culture

(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.


Article 30 Right of minorities to establish and administer educational institutions

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice

(1A) Compensation in case of compulsory acquisition.

(2) No discrimination by state while grating aid to minority educational institutions.


Article 31A Saving of laws providing for acquisition of estates, etc


Note for LLB Entrance Examinations

Muslim Law

Muslim Law in brief

Nikah- Muslim Marriage Conditions

Talaq - Muslim Divorce Law

Hindu Law

Hindu Marriage Act in Brief

Hindu Adoption and Maintenance Act 1956

Hindu Minority and Guardianship Act 1956

Hindu Succession Act 1956 Notes

Special Marriage Act 1954 Notes

Historic Development of Law in India

Constitution of India

Preamble of the Constitution of India

Fundamental Rights in Constitution of India

Article 32 Remedies for enforcement of rights

Directive Principles of State Policy

Fundamental Duties

Executive, Judiciary, President, VP

Extent of Powers of Union, Supreme Court etc

State Judiciary, High Court, Lower Courts

Parliament, Council of states, house of people

Introduction and passing bills, budget etc

State Legislature, Composition, duration

Bills, Money Bill, Finance Bill, Proceedings

Emergency - National, State, Financial


Non Constitutional Bodies, Niti ayog, NHRC etc

Panchayat, Municipality, Cooperative Societies

Important amendments to the Constitution

PIL - Public Interest Litigation, Judicial Review

Doctrine of Basic Structure in Constitution

Indian Citizenship law

Constitution of India Schedules and Provisions

Criminal Laws

Theft, Extortion, Robbery, Cheating etc

Tress Pass, Negligence, Nuisance, Defamation

Liability - Vicarious, Strict, Absolute Liability

Crime, Stages, Elements, General Exceptions

IPC Chapter, Provisions and Sections

Crime, origin, Elements, Stages  Exceptions

Indian Penal Code Sections and Description

Other Laws, International bodies etc

Law of Torts - Civil Tort, Criminal Tort

Contract Essentials valid, void, voidable

United Nations, UNGA, UNSC, ICJ, UN ECOSOC

List of International Bodies

Treaty, Convention, Protocol, Summit etc..

World Intellectual Property Organization

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