Articles 12 to 35 in Part III of Indian Consitution provide for Fundamental Rights
Fundamental Rights (FRs)
Currently, there are six fundamental rights in the form of Articles 14 to 32
(Other Articles 12,13; 33,34,35 are about features & restrictions of FRs):
- Right to Equality (Article 14-18) – Equal treatment under law, prohibits discrimination based on religion, race, caste, sex or place of birth. Also includes equality of opportunity in public employment.
- Right to Freedom (Article 19-22) – Protects basic freedoms like speech, assembly, association, movement, residence and profession.
- Right against Exploitation (Article 23-24) – Prohibits human trafficking, forced labor, and employment of children under 14 years in hazardous jobs.
- Right to Freedom of Religion (Article 25-28) – Freedom of conscience, free profession, practice and propagation of religion.
- Cultural and Educational Rights (Article 29-30) – Right of minorities to conserve their language, culture and script. Right of minorities to establish educational institutions.
- Right to Constitutional Remedies (Article 32) – Right to move the Supreme Court and high courts to seek enforcement of fundamental rights
Note: Official Website to check Constitution and regular ammendments
Article 12: Definition of State
Article 12: State includes the following:
(a) Union Government and Parliament of India (Executive and legislative organs)
(b) States Govt. & Legislature
(c) Local authorities eg municipalities, panchayats, district boards, trusts, etc.
(d) Other authorities, statutory or non-statutory, like LIC, ONGC, SAIL, etc.
- Also according to SC, even a private body working as an instrument of the State means ‘State’ as per Article 12
Article 13: Laws Inconsistent with FRs
Article 13: State includes the following:
(a) Union Government and Parliament of India (Executive and legislative organs)
(b) States Govt. & Legislature
(c) Local authorities eg municipalities, panchayats, district boards, trusts, etc.
(d) Other authorities, statutory or non-statutory, like LIC, ONGC, SAIL, etc.
Right to Equality (Article 14 to 18)
Article 14: Equality before Law and Equal Protection of Laws
Article 14: State shall not deny to any person (citizen, foreigner) equality before the law or the equal protection of the laws within the territory of India
- Equality Before Law: Derived from British law; Negative Concept
- Absence of Special Privileges: No person is above the law
- Equal Protection of Laws: Taken from the American Constitution; Positive Concept
- Equality of Treatment: Under equal circumstances.
- Non-Discrimination: Like should be treated alike without any discrimination.
- Rule of Law: Proposed by British jurist A.V. Dicey.
- Absence of arbitrary power, Equality before the law.
- Constitution is not the source of individual rights in the British system, but it is in the Indian system.
Supreme Court’s Interpretation
- Reasonable Classification: Supreme Court held that Article 14 does not apply where equals and unequals are treated differently. Article 14 permits classification but prohibits class legislation. The classification must not be arbitrary, artificial, or evasive.
- Intelligible Differential: Classification should be based on substantial differences that are intelligible and rational.
- Basic Feature: The Supreme Court has held that Article 14 is a ‘basic feature‘ of the Constitution and cannot be destroyed even by an amendment.
Exceptions to Article 14
- President and Governor Immunities: Under Article 361, President and Governors are not answerable to any court for exercise and performance of their duties.
- Parliamentary Privileges: Articles 105 and 194 protect members of Parliament and State Legislatures from legal actions for anything said or any vote given.
- Directive Principles: Article 31-C provides that laws made for implementing Directive Principles cannot be challenged on the grounds of being violative of Article 14.
- Immunities for foreign sovereigns, ambassadors, UNO
Article 15: Prohibition of Discrimination on Certain Grounds
Article 15: State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth
- Key Terms:
- Discrimination: To distinguish unfavorably from others.
- Only: Implies that discrimination on other grounds is not prohibited.
- Access to Public Amenities: No citizen shall be subjected to any disability, liability, restriction, or condition on the aforementioned grounds with regard to:
- Access to shops, public restaurants, hotels, and places of public entertainment.
- Use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly by State funds or dedicated to the use of the general public.
- State vs Private Discrimination: This provision prohibits discrimination both by the State and private individuals, unlike the former provision which prohibits discrimination only by the State.
Exceptions to Article 15
- Special Provisions for Women and Children: e.g. reservation of seats for women in local bodies or provision of free education for children
- Special Provisions for Backward Classes: For advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.
- Educational Institutions: For backward classes regarding their admission to educational institutions, including private ones (except minority educational institutions).
- Economically Weaker Sections (EWS)
- For the advancement of EWS, including a reservation of up to 10% of seats in educational institutions.
Reservation Policies under Article 15
- Reservation for OBCs in Educational Institutions
- A quota of 27% for candidates belonging to Other Backward Classes (OBCs) in central higher educational institutions.
- The Supreme Court upheld this but directed the exclusion of the ‘creamy layer’ among OBCs.
- Reservation for EWSs in Educational Institutions
- A 10% reservation for Economically Weaker Sections (EWSs) in educational institutions.
- Eligibility criteria based on family income and other indicators of economic disadvantage.
Article 16: Equality of Opportunity in Public Employment
Article 16: Citizens have equal employment opportunities (in offices under the State). They should not be discriminated based only on religion, race, caste, sex, descent, place of birth or residence
- Exceptions
- Residence as a Condition: While generally Article 16 discourages discrimination based on place of residence, it does permit exceptions. For example, certain state government jobs may require applicants to be residents of that state.
- Reservation for Backward Classes: Article 16 allows the State to make provisions for the reservation of appointments or posts in favor of any backward class of citizens who are not adequately represented in the services under the State.
- Religious or Denominational Institutions: Religious institutions or those managed by a particular denomination can be exempted from the general rule of non-discrimination, to maintain the institution’s religious character.
- Economically Weaker Sections: Provisions can be made to facilitate employment opportunities for economically weaker sections of society. This aims at economic upliftment by ensuring a level playing field in public employment.
- Mandal Commission and Aftermath
- Recommendations and Implementation: The Mandal Commission was established in 1979 to identify socially and educationally backward classes and recommend steps for their advancement. One of its significant recommendations was to reserve 27% of vacancies in government jobs for Other Backward Classes (OBCs). This recommendation was implemented in 1990.
- Supreme Court’s Rulings: The Supreme Court, in the famous Indra Sawhney case, upheld the constitutionality of the 27% reservation for OBCs but also introduced the concept of the ‘creamy layer,’ whereby the more affluent among the backward classes would not be eligible for reservation.
- Government Actions: Over the years, the government has taken various actions to implement and modify the recommendations of the Mandal Commission. For example, it has reviewed the list of backward classes and made amendments to the reservation policy to ensure it remains inclusive and effective.
Article 17: Abolition of Untouchability
Article 17: 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.
- Article 17 bans “untouchability” in all forms. This ancient practice ostracized certain social groups. The article covers public, private, and religious spaces.
- Protection of Civil Rights Act, 1955: The Act enforces Article 17. It sets punishments for practicing untouchability. The state has the power to take strong measures.
- Supreme Court’s Interpretation: Court has expanded Article 17’s reach. It aims to eradicate not just the practice but also the mindset. Any new forms of untouchability are also unconstitutional.
Article 18: Abolition of Titles
Article 18: No title, not being a military or academic distinction, shall be conferred by the State. No citizen of India shall accept any title from any foreign State…….
- Prohibition of State-Granted Titles
- Article 18 bans the State from giving titles. It’s not allowed to confer titles based on birth or nobility.
- Citizens and Foreign Titles
- Indian citizens can’t accept titles from foreign governments. This ensures loyalty to India.
- National Awards and Supreme Court’s Ruling
- National awards like Bharat Ratna are exceptions. The Supreme Court has confirmed they’re not titles under Article 18.