Part III: Fundamental Rights
The heart and soul of the Constitution. Contains justiciable rights that protect individuals from state action. These are enforceable in courts and any law violating them can be declared void.
Definition of State
Defines "State" broadly to include government, Parliament, state legislatures, local authorities, and other authorities under government control. Courts have interpreted this expansively to include any body performing public functions.
Laws inconsistent with Fundamental Rights
Declares all laws inconsistent with Fundamental Rights as void. Gives teeth to Fundamental Rights by making them enforceable against the State. Establishes judicial review - courts can strike down laws violating these rights.
⚖️ Right to Equality (Articles 14-18)
Includes equality before law, prohibition of discrimination, equality of opportunity, abolition of untouchability and titles.
Equality before law and equal protection of laws
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. This means everyone, regardless of status, is subject to the same ordinary law and courts.
Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. It empowers the State to make special provisions for women, children, and socially/educationally backward classes.
Equality of opportunity in matters of public employment
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Permits reservations in appointments for backward classes if they are not adequately represented.
Abolition of Untouchability
"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law. This is an absolute right with no exceptions.
Abolition of titles
No title, not being a military or academic distinction, shall be conferred by the State. Citizens of India cannot accept any title from any foreign state. This article promotes equality by preventing the creation of a hereditary aristocracy.
🗽 Right to Freedom (Articles 19-22)
Protection of six specific rights regarding freedom
Guarantees all citizens six fundamental freedoms: Speech & Expression, Assembly, Association, Movement, Residence, and Profession. Each freedom is subject to reasonable restrictions in the interests of sovereignty, security, public order, decency, or morality.
Protection in respect of conviction for offences
Provides protection against arbitrary and excessive punishment. It includes three safeguards: no ex-post-facto law, no double jeopardy, and no self-incrimination. This ensures fair treatment of accused persons.
Protection of life and personal liberty
Declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. The Supreme Court has interpreted this to include a wide range of rights essential for a life of dignity, such as privacy and health.
Protection against arrest and detention in certain cases
Provides procedural safeguards for individuals who are arrested or detained. It ensures the right to be informed of grounds of arrest, consult a lawyer, and be produced before a magistrate within 24 hours. Contains separate provisions for preventive detention.
🛑 Right against Exploitation (Articles 23-24)
Prohibition of traffic in human beings and forced labour
Prohibits trafficking in human beings, 'begar' (forced labour without payment), and other similar forms of forced labour. Any contravention of this provision is an offence punishable by law. This right is available to both citizens and non-citizens.
Prohibition of employment of children in factories, etc.
Prohibits the employment of children below the age of fourteen years in any factory, mine, or other hazardous employment. This does not prohibit their employment in non-hazardous work, but subsequent laws like the Child Labour Act have further regulated this.
🕌 Freedom of Religion (Articles 25-28)
Freedom of conscience and free profession, practice and propagation of religion
Guarantees all persons the freedom of conscience and the right to freely profess, practice, and propagate religion. This freedom is subject to public order, morality, health, and other Fundamental Rights. The State can regulate secular activities associated with religious practice.
Freedom to manage religious affairs
Grants every religious denomination or section the right to establish and maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, and own and acquire property for these purposes, all subject to public order, morality, and health.
Freedom from payment of taxes for promotion of any particular religion
No person shall be compelled to pay any taxes, the proceeds of which are specifically used for the promotion or maintenance of any particular religion or religious denomination. This upholds the secular nature of the state by preventing the use of public funds for religious purposes.
Freedom from religious instruction in certain educational institutions
Prohibits religious instruction in wholly state-funded educational institutions. In state-aided or state-recognized institutions, religious instruction may be provided but no person can be compelled to attend it. This protects individuals from forced religious education in state-supported systems.
📚 Cultural & Educational Rights (Articles 29-30)
Protection of interests of minorities
Protects the cultural and educational rights of citizens. Any section of citizens with a distinct language, script, or culture has the right to conserve it. It also prohibits discrimination in admission to educational institutions on grounds of religion, race, caste, or language.
Right of minorities to establish and administer educational institutions
Grants all religious and linguistic minorities the right to establish and administer educational institutions of their choice. The State shall not discriminate against any such institution in granting aid. This is a key right for preserving minority identities.
Right to Property (Historical Article)
Note on Status: This article, which originally guaranteed the "Right to Property" as a Fundamental Right, was repealed by the 44th Amendment Act, 1978. The right to property is no longer a Fundamental Right but was re-established as a Constitutional Right under Article 300A, which states that "no person shall be deprived of his property save by authority of law."
⚖️ Right to Constitutional Remedies & Other Provisions (Articles 32-35)
Right to move the Supreme Court for enforcement of rights
Guarantees the right to move the Supreme Court for the enforcement of Fundamental Rights. The Supreme Court can issue writs (habeas corpus, mandamus, prohibition, quo warranto, certiorari) for this purpose. Dr. B.R. Ambedkar called this the "heart and soul" of the Constitution.
Power of Parliament to modify rights in armed forces, etc.
Empowers Parliament to restrict or modify the application of Fundamental Rights to members of the Armed Forces, police forces, intelligence agencies, and similar forces to ensure proper discharge of duties and maintenance of discipline.
Restriction on rights while martial law is in force
Allows Parliament to indemnify any person in the service of the Union or a State for any act done in connection with the maintenance or restoration of order in any area where martial law is in force. It can also validate sentences passed under martial law.
Legislation to give effect to certain Fundamental Rights
Confers the power exclusively on Parliament (not State Legislatures) to make laws for prescribing punishment for acts declared as offences under Part III (like untouchability, traffic in humans). It also preserves existing laws on such matters.
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