Fundamental Right

Right  It is the guarantee of human being.

Right
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Political Moral Legal

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Social / Civil Political Fundamental

I) Right of life and security
II) Right of life and family
III) Right of life and property
IV) Right of life and work
V) Right of life and contract
VI) Right of life and speech
VII) Right of life and liberty and free movement
VIII) Right of life and association

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IX) Right of life and equality
X) Right of life and education

Political Right
I) Right to vote
II) Right to contest election
III) Right to public office
IV) Right to petition
V) Right to criticize the Government

Fundamental Rights: It is the guaranteed items of civil and political rights. At present number of fundamental
rights are 6, initially which was 7.

Article – 12: Definition of State  Here state means ---

I) Union govt. & parliament of India
II) State govt. & state legislature
III) All other authority and local govt. within the territory of India or under the control of the govt. of India.

Article – 13: Consistency of law  The state shall not make any law which conferred by this part or any law
made in contravention of this clause shall to the extent of the contravention can be declared as void.

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Article – 14: Right to equality  I) Equal eyes of law (UK)
II) Equal protection of law (USA)
On the basis of caste, place of birth, gender, religion, race, caste (All are equally treated).

Article – 15: Abolition of discrimination.

Exception  The state is permitted to make any special provision for women, children, SC, ST & OBC.
Article – 15(3)  exception for women & children. 15(4)  the advancement of socially, educationally backward
classes, schedule caste, schedule tribe.
Article – 15(5)  reservation in educational institutes including private, aided or unaided by the states, with
minority educational institutions remaining out of the purview from this reservation policy for OBC (93 rd
amendment, 2005).
Article – 15(6)  10% reservation to the (by 103rd amendment, 2019) economically weaker sections (EWS) in the
general category without tampering the existing quotes for SC, ST and OBC people.

Article – 16: Equal opportunity in matter of public employment.

Article – 17: Abolition of untouchability.

For this, under Art 35, for practice of any (Utouchability offence Act, 1955).
Untouchability, the parliament has a right to make any law of punishment. At present, untouchability amended Act,
1987.

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Article – 18: Abolition of title  During British rule hereditary title ‘Maharaj’, ‘RaiBahadur’, ‘Raosahib’.
Except --- Padmashree, Padma Vibhusan, Bharat Ratna.

Rank of Bharat Ratna awardee – 9th place in the constitution below the rank of cabinet minister.

Article – 19: Right to freedom. Six freedom rights.

19/1(b)  Right to meet each other. Peaceful and without arms.
19/1/(c) - Right to form association and right to form co-operative. (9th amendment 2011).

Restriction – Art 33 – the parliament has a right to modify the rights conferred by this part III in their application to
member of the armed forces or other forces engaged with the maintenance of public order.
Art 19/1/(d) – Freedom of movement.
 According to Art 33  Parliament imposed restriction for army on their free speech, to form association, to
be a member of trade union, to attend public meeting.

Article – 20: Protection in respect of conviction for offence.

This right protection against arbitrary and excessive punishment.
I) Double punishment in banned for same offence (Prohibition of double Jeopardy).
II) No ex post Facto law – It means person may punished according to the law at the time of arrest.
III) No self in crimination – No person of any offence shall be compelled to be a witness against himself.

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Article – 21: Right to life and personal liberty. It is known as Magnacarta.
Some inferred rights are related ---
I) Right to live with dignity.
Case – Maneka Gandhi’s union govt.
II) Right against sexual harassment at work place.
Case – Vishaka vs State of Rajasthan.
III) Right against rape.
Case – Bodhisattwa Gautam vs Subhra Chakaborty.
IV) Right to reputation.
Case – D.F. Marion vs Minnie Davis in Kiron Bedi.
V) Right to livelihood.
Case – Olga Tellis vs Bombay Municipal corporation (Known as pavement dwellers case).

Article – 22: Protection against arrest and detention.

A person who is arrested must be ---
I) informed about such arrest.
II) Has to introduced to the nearest magistrate with in 24 hours.
III) Has a right to consult with the lawyer according to his choice.

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Article – 23: Traffic in human beings and began and other similar forms of forced labour are prohibited.

Article – 24: Prohibition of employment of children in factory or any other hazardous place.
The ILO, 1937 adopted a convention fixing the minimum age where children were to be employed in certain
occupation. The employment of children Act 1938, was passed in India.
 No child labour can be engaged in other place during school hours because education (6 to 14 years)
compulsory.

Article – 25: Freedom of conscience and free profession, practice and propagation 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. (Wholly maintained out of state fund)

Minority  Based on religion or language.

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Article – 31A: Land reform  Abolition of Zamindari system and redistribution in to landless people. (1 st
amendment 1951, in the 9th schedule)

Article – 31B: Land acquired by state govt. is not illegal, declared by Supreme Court or High Court (National
interest)

Article – 33: Power of parliament to modify the rights conferred by this part in their application to forces.
 Restriction on fundamental rights of members of armed forces, intelligence forces, law and order (police etc)
and national security related forces etc.

Article – 34: Restriction of fundamental rights of citizens while Martial Law is in force in any area.

Forms of Writs
Habeas Corpus
 It is a Latin term which literally means ‘to have the body’. It is an order issued by the court to a person who
has detained another person, to produce the body of the latter before it. The court then examines the cause
and legality of detention. It would set the detained person free, if the detention found to be illegal. Thus, this
writ is a bulwark of individual liberty against arbitrary detention. This can be issued against both public
authorities and private individuals.

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Mandamus
 It literally means ‘we command’. It is a command issued by the court to a public official asking him to
perform his official duties that he has failed or refused to perform. It can also be issued against any public
body, a corporation, an inferior court, a tribunal or government for the same purpose.
 It cannot be granted against the President or the Governor of a state. It is available against both judicial
and administrative authorities.

Prohibition
 Literally, it is issued by a higher court (SC or HC) to a lower court or tribunal to prevent the latter from
exceeding its jurisdiction or usurping a jurisdiction that It does not possess.
 It cannot be issued in cases of ministerial office or private office.
 Unlike Mandamus that directs activity, the prohibition directs inactivity.
 The writ of prohibition can be issued only against judicial quasi-judicial authorities. It is not available
against administrative authorities, legislative bodies, and private individuals and bodies.

Certiorari
 In the literal sense, it means, ‘to be certified’. It is issued by a higher court to a lower court or tribunal
either to transfer a case pending with the latter to itself or to squash the order of the latter in a case. It is
issued in the grounds of excess of jurisdiction or lack of jurisdiction or error of law. Thus, unlike prohibition,
which is only preventive, Certiorari is both preventive as well as curative.

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  Till recently, the writ of certiorari could be issued only against judicial and quasi-judicial authorities not
against administrative authorities. However, in 1991, the Supreme Court ruled the certiorari can be issued
even against administrative authorities affecting rights of individuals.
 Like prohibition, certiorari is also not available against legislative bodies and private individual of bodies.

Quo-Warranto
 In the literal sense, it means “by what authority or warrant”.
 It is issued to enquire into the legality of claim of a person to a public office. Hence, it prevents illegal
usurpation of public office by a person.
 Unlike other four writs, this can be sought by any person and not only the aggrieved person.

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