Part 3;
Articles 12 - 25
Subject to regulatory power of state
Subject to regulatory power of state
Free to administer their affairs but
subject to operation of general laws like
contract law, labour law, industrial law,
tax law, economic regulation......
To have a body of
This writ is a bulwark of individual liberty
against arbitrary detention
Order issued by the court to a person
who has detained another person, to
producr the body of the latter before it
It will set the detained person free if the
detention is found to be illegal
Can be issied against both public
authorities and private individuals
Detention is lawful
Proceeding is for contempt of court
Not issued when
Detention is by a competent court
Detention is outside the jurisdiction of the
court
We Command
Command issued by Court to a public
official asking him to perform his official
duties that he failed or refused to
perform
Can also be issued against any public
body, a corporation, an inferior court, a
tribunal or government
Against a private individual or body
To enforce departmental institution that
does not possess statutory force
When the duty is discretionary and not
mandatory
Cannot be issued
To enforce a contractual obligation
Against the President or Governors
Against chief justice of high court acting
in judicial capacity
Ditects Activity i.e. to do something
which is not done
To forbid
Issued by higher court to a lower court or
tribunal to prevent the latter from
exceeding its jurisdiction
Issued only against judicial and quasi
judicial authorities
Directs inactivity i.e. stop what it's doing
To be certified or to be informed
Issued by a higher court to a lower court
or tribunal to transfer a case pending
with the latter to itself or to squash the
order of the latter in a case
Issued on the grounds of excess of
jurisdiction or lack of jurisdiction or an
error in law
Certiorari is both preventive and curative
In 1991, SC ruled that certiorari besides
judicial and quasi-judicial can be issued
even against administrative authorities-
when it effects rights of individuals
Like prohibition certiorari is not available
against legislative bodies and private
individuals or bodies
By what authority or warrent
Issued by the court to inquire into the
legality of claim of a person to a public
office
Prevents illegal usurpation of public office
by a person
Can be issued only in case of a
substantive public office of a permanent
character created by a statute or by the
constitution
It cannot be issued in case of ministerial
office or private office
Unlike other 4 writs, this can be sought
by any interested person and not
necessarily by the aggreived person
Writ Jurisdiction of SC is narrower than
that of HC as
• High Courts can issue writs for other
(ordinary legal right) purpose also
Territorial Jurisdiction of SC is wider than
that of HC
• Supreme Court can issue writs against
a person or government throughout the
territory of India
¤ According to Article 32 - Supreme court
may not refuse to exercise it's Writ
Jurisdiction
¤ According to Article 226 - High court
have discretionary power, it may refuse
to exercise it's Writ Jurisdiction
Scope of this article is not restricted to
minorities as the word 'SECTION OF
CITIZENS' is used which includes both
minority and majority
Right to conserve language includes the
right to agitate for the protection of the
language
Political speeches or promises made for
conservation of the language of a section
of citizens does not amount to corrupt
practice under the 'Representation of
People's Act, 1951'
All minorities shall have the right to
establish and administer educational
institutions of their choice
The compensation amount fixed by the
state for three compulsory acquisition of
any property of a minority Educational
institution shall not restrict to abrogate
the right guaranteed to them - provision
added by 44th Amendment Act 1978 -
act deleted right to property as a
fundamental righti.e. Article 31
In granting aid state shall not
discriminate against any educational
institution managed by a minority
Protection under this Article 30 is
confined only to minorities (religious or
linguistic) unlike Article 29
Term MINORITY - not defined anywhere
in the constitution
Also include right of minority to impart
education to it's children in it's owm lan
Institutions that seek recognition as well
as aid from the state
Institutions that seek only recognition
from state but not aid Minority Educational Institutions are of 3
types
Institutions that neither seek recognition
nor aid from the state
The right to establish and administer
educational institutions is not absolute.
There can be regulatory measure for
ensuring educational character and
standards and maintaining academic
excellence
Inner freedom of an individual to mould
his relation with god or creatures in Freedom of conscience
whatever way he desires
Declaration of one's religious beliefs and
Right to Profess
faith openly and freely
Performance of religious worship, rituals,
ceremonies and exhibition of beliefs and Right to Practice
ideas
Transmission and dissemination of one's
religious beliefs to others
* does not include Right To Convert
another person to one's own religion
Right to Propagate
Forcible conversions have a negative
effect on freedom of conscience
guaranteed to all the persons alike
Regulate or restrict any economic
financial or political or other secular
activity associated with religious practice
Provide for social welfare and reforms
Right to establish and maintain
institutions for religious and charitable
purposes
Right to manage its own affairs in
matters of religion
Right to own and acquire movable and
immovable property
Right to administer such property in
accordance with law
Should be - collection of Individuals-
having system of beliefs - conducive to
their spiritual well-being
Should have common organisation
Designated by a distinctive name
Religious instruction is completely Institutions wholly maintained by the
prohibited state
Institutions administered by state but
Religious instruction is permitted established under any endowment or
trust
Religious instruction is permitted on a
Institutions recognised by state
voluntary basis
Religious instruction is permitted on a
Institutions receeiving aid from the state
voluntary basis
Selling and buying of men women and
children like goods
Immoral traffin in women and children
including prostitution
Devadasis
To punish these the parliament has made
the Immoral Traffic (prevention) Act,
1956
Bonded labour system (abolition) act,
1976
Minimum wages act, 1948
Contract labour act, 1970
Equal remuneration act, 1976
Permits state to impose compulsory
services for public purposes
Eg: military service or social service
While imposing state is not permitted to
make any discrimination on grounds only
of religion race caste or class
Child labour (prohibition and regulation)
act, 1986
Employment of children act, 1938
Factories act, 1948
Mines act, 1952
Merchant shipping act, 1958
Plantation labour act, 1951
Apprentices act, 1961
Bidi and cigar workers act, 1966
Sir Ivor Jennings called the constitution a
'parafise For Lawyers'
Articles 31A does not immunise a state
law fro. Judicial review unless it has been
reserved for the president's cosideration
and has recieved his assent
Article 31B saves the acts and regulations
included in 9th schedule before April 24,
1973 from being challenged and
invalidated on the grounds of
contravention of any FR
Article 31B along with 9th schedule was
added by 1st CAA, 1951
Article 31C is inserted by 25th
Amendment Act of 1971
Prescribing residence as a condition for
certain employments or appointments
(Article 16)
Empowering courts other than sC and HC
to issue directions orders and writs of al
kinds for the enforcement of FR (Article
32)
Restricting or abrogating the application
of FR to members of armed forces, police
forces, etc (Article 33)
Indemnifying any govt servent or any
other person for any act done during the
operation of Martial Law in any area
(Article 34)
Untouchability (Article 17)
Traffic in human beings and forced labour
(Article 23)
The right to move the supreme court for
enforcement of FR is guaranteed
SC is defender and guarantor of the
Fundamental Rights
SC have the power to issue directions or
orders or writs
Parliament can empower any other court
to issue directions or orderd and writs of
all kind
Any other courts here doesnot include
high courts because Article 226 has
already conferred these powers on the
high courts
Right to move the SC shall not be
suspended except as otherwise provided
for by the constitution
President can suspend the right to move
to any court for enforcement of FRs
during a National Emergency (Article
359)
Article 32: Original Jurisdiction but not
Exclusive
Article 226: original Jurisdiction and
concurrent
Where relief is available through high
court under Article 226, aggrieved party
should first move to high court
Habeas Corpus
Mandamus
Supreme court (under Article 32) and
High court (under Article 226) can issue
the writs of:
Prohibition
Certiorari
Quo - warranto
Writs are borrowed from English Law
Writ jurisdiction of SC and HC
Any section of the citizens residing in
aunty part of India having a distinct
language, script, or culture of its own
shall have the right to conserve the same
No citizen shall be denied admission info
any Educational institutions maintained
by the state or receiving aid or if state
funds in grounds only id religion race
caste or language
Article 29(1) - provision protects the right
of a group
Article 29(2) - provison guarantees the
right of a citizen as an individual
irrespective of the community to which
they belong
Article 29 grants protection to both
linguistic minorities as well as religious
minorities
Supreme court held that
Grants following rights to minorities
whether religious or linguistic
All Citizens are equally entitled to this
freedom
Covers not only religious beliefs
(doctrines) but also religious practices
(rituals)
Available to both citizens and non-citizens
These rights are subject to public order,
morality, health, and other provisions
related to fundamental rights
State is permitted to
Every religious denomination or any of its
section shall have:
Article 25 Guarantees rights of individuals
While
Article 26 Guarantees rights of religious
denominations or their societies
Article 26 protects collective freedom of
religion
Rights under Article 26 are subjected to
public order morality and health only
SC held that religious denomination must
satisfy 3 conditions
SC held that RAMAKRISHNA MISSION
and ANANDA MARGA are religious
denominations within the Hindu religion
* AUROBINDO SOCIETY is not a religious
denomination
No person shall be compelled to pay any
taxes for promotion or maintenance of
any particular religious denomination
State can spend Public money (tax) for
promotion or maintenance of ALL
RELIGIONS
This provision prohibts only levy of tax
but not fee
Fee - controls - religious institutions but
doesn't promote or maintain its religion
No religious instruction shall be provided
in any educational institution
Article 28 distinguishes between 4 types
of educational institutions
Right is available for both citizens and
non-citizens
Protects the individual not only against
state but also against private persons
Traffic in Human Beings means
Slavery
Term begar means compulsory work
without remuneration
Article 23 prohibits other similar forms of
forced labour like Bonded Labour
Term Forced Labour means compelling a
person to work against his will
Word force includes not only physical or
legal force but also force arising from the
compulsion of economic circumstances
i.e. working for less than the minimum
wage - In this regard few acts were made
they are
Exception
Prohibits employment of children below
the age of 14 years in any factory, mine,
or other hazardous activities like
construction work or railway
Doesnot prohibit their employment in any
harmless or innocent work
Acts that prohibit the employment of
children below certain age are
1966 - SC -directed establishment of
Child Labour Rehabilitation Welfare Fund
- offending employer - deposite - 20,000
fine for each child employed by him
• also issued directions for the
improvement of education health and
nutrition of children
Commision for protection of child Rights
act, 2005 - enacted - to provide
establishment of a National commission
and state commissions for protection of
child's rights and children's courts for
providing speedy trial of oofences against
children or of violation of child rights
2006 - govt banned the employment of
children as domestic servants or workers
in business establishments
Child labour (prohibition and regulation)
amendment act, 2016 amended the child
labour (prohibition and regulation) act,
1986 - it has renamed the principle act as
the Child and Adolescent Labour
(prohibition and regulation) Act, 1986
No tax shall be levied or collected except
by authority of law (Article 265 in part
12)
No person shall be deprived of his
property save by authority of law (Article
300-A in part 12)
Trade commerce and intercourse
throughout the territory of India shall be
free (Article 301 in part 12)
Constitute the bedrock of democratic
system in the country
Provide necessary conditions for the
material and moral protection of man
Serve as a formidable bulwark of
individual liberty
Rights outside part 3
Facilitate the establishment of rule of law
in the country
Protect the interests of minorities and
weaker sections of the society
Strengthen the seculae fabric of the
Indian State
Check the absoluteness of the authority
of the govt
Lay down the foundation stone of social
equality and social justice
Ensure the dignity and respect of
individuals
facilitate the participation of people in the
political and administrative process
Excessive Limitations
No Social and Economic Rights
No Clarity
No parmanency
Suspension During Emergency
Expensive Remedy
Preventive Detention
No Consistent Philosophy
Article 31A, 31B, and 31C have been
retained as an exception to Fundamental
Right
Saving of Laws Providing for Acquisition
of Estates
Validation of Certain Acta and Regulations
Saving of Laws Giving Effect to Certain
Directive Principles
Article 19 (1)(f) guaranteed to every
citizen the right to acquire, hold and
dispose of property
Article 31 guaranteed every person
(citizen or non-citizen) right against
deprivation of his property
44th Amendment Act; 1978
Abolished right to property as FR instead
inserted new Article 300A in Part 12
under the heading right to property
Article 35 lays down power to make laws
to give effect to certain specified FRs
shall vest only in the parliament and bot
in the state legislatures
Provision is to ensure uniformity
throughout India regarding punishment
for infringing FRs
Parliament shall have power to make
laws with respect to:
Parliament shall have powers to make
laws for prescribing punishment for those
acts that are declared to be offences
under the FR
Article 35 extends the competence of
parliament to make law on the matters
specified above although some of those
matters may fall within the sphere of the
state legislatures (state list)
Provides for the restrictions on
Fundamental Rights while martial law is
in force in any area within the territory of
India
Empowers parliament to indemnify any
govt servant or any other person fir any
act done by him in connection with the
maintenance or restoration of order in
any area where the martial law was in
force
Act of indemnity made by the parliament
cannot be challenged in any court on the
fround of contravention of any of the
fundamental rights
Concept - borrowed - English common
law
Martial Law - not defined any where but
literally means military rule
Implies the suspension of ordinary law
and the govt by military tribunals
Can be declared in any area within the
territory of India
Martial law is imposed under extra
▪︎
ordinary circumstances like
▪︎invasion
war
▪︎insurrection
▪︎rebellion
▪︎riot
Or any other violent resistance to law
During martial law military authorities are
vested with abnormal powers
They can punish the civilians and can
even condemn them to death
SC held that declaration of martial law
does not suspend the writ of habeas
corpus
Difference between MARTIAL LAW (Article
34) and NATIONAL EMERGENCY (Article
352)
Article 33 empowers parliament to
restrict or abrogate (repeal) the FRs of
the members of armed forces,
paramilitary forces, intelligence agencies,
and anologous forces
Power to make laws under Article 33 is
conferred only on parliament and not kn
state legislatures
Any such law made by the parliament
cannot be challenged in any court on the
ground of contravention of any of the
fundamental rights
A parliamentary law enacted under Article
33 can also exclude the court martial
from the writ jurisdiction of SC and HCs,
as fas as the enforecement of FRs are
concerned
Right to constitutional remedies for the
enforcement of the fundamental rights of
an aggreivated citizen
Dr. B. R. Ambedkar - ' Am article without
which this constitution would be a nullity.
It is the very soul of the constitution and
the very heart of it '
SC ruled that This article is the basic
feature of the constitution
It cannot be abridged or taken away
4 provisions in Article 32 are
Supreme Court and High Court
Writs - types and scope
Protection of Interests of Minorities;
Article 29
Right of Minorities to Establish and
Administer Educational Institutions;
Article 30
Freedom of conscience and free
profession, practice, and propogation of
Religion; Article 25
Freedom to Manage Religious Affairs;
Article 26
Freedom from Taxation for Promotion of
a Religion; Article 27
Freedom from Attending Religious
Instruction; Article 28
Prohibition of traffic in Human Beings and
Forced Labour; Article 23
Prohibition of Employment of Children In
Factories etc; Article 24
Magna Carta of India: first written
document related to fundamental rights
of a citizen
Uphold equality and dignity of an
individual and larger public interests and
unity of the Nation
Introduction Meant for Promoting the ideal of political
democracy
Protect liberty and freedom of people
against invasion by state
Limitation on tyranny of executive and
arbitrary laws of legislature
Aim: establishing government of law but
not of men
Some applicable only to citizens while
some to everone including foreigners
Not absolute but qualified. Reasonable
restrictions can be imposed by state.
All fr's Against arbitrary action of state
and some against private individuals.
Some negative in nature while some
positive
Justiciable
Defended and guaranteed by sc
Not sacrosanct (to imp or valuable to be
changed) or permanent. Parliament can
change by constitutional amendment act
without affecting the basic structure of
Features of Fundamental Rights the Constitution
Can be suspended during National
Emergency except Article 20 ans 21 and
6 rights of article 19 xan be suspended
only when emergency is declared on
grounds of war or external aggression
Scope of operation limited to Article 31A,
31B and 31C
Article 33 FR's restricted by parliament to
armed forces, para-military forces, police
forces, intelligence agencies and
analogue services.
Restricted during Martial Law (Article 34)
Most of them are directly enforceable
while few on basis of law made by
parliament (Article 35)
Government, parliament, i.e. executive
and legislative organs of union
government
Government, legislature, i.e. executive
and legislative organs of state
government
Definition of State; Article 12 All local authorities, i.e. municipalities,
panchayats, district boards, improvement
trusts, etc
Statutory or non-statutory authorities like
LIC, ONGC, SAIL, etc
Even a private body or agency working
under state
Subtopicall laws which are inconsistent
and are gerogative to fundamental rights
are considered void
Permanant Laws enacted by parliament
or state legislature
Temporary laws like ordinances
Laws Inconsistent with
Term Law
Fundamental Rights; Article 13 Statutory instruments like order, by-law,
rule, regulation, notification etc
Non- legislative sources of law
Constitutional amendment is not a law
and can be challenged only when it
disturbs basic structure of constitution
Equality before law and equal protection
of laws; Article 14
Rights Outside Part 3
Significance of Fundamental
Rights
Criticism of Fundamental Rights
Exceptions to Fundamental
Rights
Prohibition of Discrimination on Certain
Grounds; Article 15
Present position of Right To
Property
Effecting Certain Fundamental
Rights; Article 35
Right to Equality; Article 14-18
Martial Law and Fundamental
Rights; Article 34
Equality of Opportunity in Public
Employment; Article 16
Armed Forces and Fundamental
Rights; Article 33
Abolition of Untouchability; Article 17
Article 18 abolishes title and makes 4
provisions in that regard
Right to Constitutional Remidies;
Article 32
Abolition of Titles; Article 18
1996 - Supreme Court - upheld the
constitutional validity of the National
Awards
SC - ruled that these awards do not
amount to titles as acc to meaning of
Article 18 it prohibits only hereditary
titles of Nobility
Should not be used as suffixes or
prefixed to the names of the awardees
National awards - instituted - 1954 -
Morarji Desai govt - discontinued awards
• revived in 1989 by Indira Gandhi govt
Fundamental rights
Protection of Six Rights; Article 19
Cultural And Educational Rights;
Article 29-30
Right To Freedom Of Religion;
Article 25-28
Protection in Respect of Conviction for
offences; Article 20
Right To Freedom; Article 19-22
Right Against Exploitation;
Article 23-24
Protection of Life and Personal Liberty;
Article 21
Right t Education; Article 21A
Protection Against Arrest and Detention;
Article 22
British Origin
Negative concept
Absence of special privileges in favour of
any person
Connotes
Equal subjection to ordinary law of land
Equality before law No person is above the law
Equality before law is an element of Rule
of Law - A.V. Dicey
No arbitrary power; no punishment
Rule Of Law
except for breach of law
Equality before law; equal subjection of
all citizens to ordinary law of land
American origin
Positive concept
Equal treatment under equal
Equal protection of law circumstances
Connotes Similar application of laws in similar
situation to all
Like should be treated alike
Aims at establishing equality of legal
status, opportunity and justice.
Both are not answerable to any court
during duties of his office
No criminal proceedings during duties of
his office
President of India and governor of states
enjoy the following (Article 361)
No process for arrest or imprisonment
shall be issued during their term of office
No civil proceedings against the both
during the term of their office
No person liable in any court in respect of
publication in a newspaper (Article 361-
A)
No member of parliament shall be liable
Exceptions to any procedings (Article 105)
No member of legislature of state shall be
liable to any proceedings in any court
(Article194)
Article 31-C is exception to Article 14.
Laws made by directive principles in
clause [b] or clause [c] of Article 39
cannot be challenged kn the ground that
they are violative of Article 14. Where
31-c comes in, Article 14 goes out.
Foreign sovereigns (rulers), ambassadors
and diplomats enjoy immunity from
criminal and civil proceedings.
UNO and its agencies enjoy the
diplomatic immunity
State shall not discriminate against ang
citizen on grounds only of religion, race,
caste, sex, or place of birth
No citizen shall be subjected to disability,
liability, restriction, or condition on the
above grounds
* State - permitted - special provision for
women and children
* State - permitted - special provision for
advancement of any socially and
educationally backward classes of citizen
or for SC and ST
Exceptions
* State - empowered - special provision
for advancement of any socially and
educationally backward citizens or for
tribes regarding their admission
* State - empowered - special provision
for EWS
Reservation - upto 10%
93rd amendment act of 2005
Central educational institutions
(reservation in admission) act 2006
enacted by centre
27% quota for OBCs in all central higher
educational institutions
April 2008 - supreme court upheld both
the acts
Persons holding constitutional posts
Group A Group B officers, employees of
Reservation for OBCs in Educational PSUs, Banks, insurance organisations,
institutions universities and also private
Rank of colonel and above in army navy
and air force and parliamentary forces
Professionals - doctors, lawyers,
Exclude creamy layer
engineers, artists, authors,consultants.....
Person engaged in trade, business, and
industry
Holding agricultural land above a certain
limit and vacant land or buildings in
urban areas
Gross Annual Income - 8 lakh
103rd amendment act of 2019
10% reservation to EWSs
Eligibility Gross Annual Income below 8 Lakh
Family having 5 acres or above
agricultural land
Residential flat of 1000 sq.ft and above
Reservation of EWSs in Educational Exclude Residential plot of 100 sq. Yards and
Institutions
above in notified municipalities
Residential plots of 200 sq. Yards and
above in aread other than notified
municipalities
Properties in different locations are
clubbed to determine the EWS status
Family include his or her parents or
siblings who are below 18 and his or her
spouse and children below the age of 18
Equal opportunity for all citizens
regarding employment
No discrimination under the grounds of
only religion, race, caste, sex, descent,
place of birth or residence
▪︎Parliament can prescribe residence as a
condition for certain employment in state
or union.
Public Employment (Requirement as to Exception is Andhra Pradesh and
residence) Act of 1957 expired in 1974. Telangana
▪︎State can provide reservations in
favour of any backward class that is not
Exemptions adequately represented in the state
services
▪︎If it is necessary for the office to recruit
a person of particular religion or
denomination for a governing body the
law can provide that
▪︎State - permitted - provision for
reservation of EWSs upto 10% in addition Added by 103rd Amendment Act 2019
to the existing reservation
1979 - Morarji Desai govt - appointed -
2nd Backward Classes Commission -
chairmanship of B.P. Mandal (MP) -
Article 340 - to investigate the conditions
of socially and educationally backward
classes - suggest measures for their
advancement
Report - 1980 - 3743 castes - socially
and educationally backward - 52%
excluding SCs and STs
• Recommended:
27% reservation in govt jobs
• V.P. Singh govt - 1990 - implemented
27% reservation for OBCs
Poorer sections among OBCs (adoption of
economic criteria in granting reservation)
1991 - Narasimha Rao govt introduced 2
changes
Another 10% for economically backward
sections of higher castes
Supreme court rejected 10% reservation
for poorer sections of higher castes
creamy layer should be excluded
No reservation in promotion
Total reserved quota should not exceed
50%
Upheld constitutional validity of 27%
reservation with certain conditions Carry Forward Rule incase of unfilled
(backlog) vacancies is valid but should
not violate 50% rule
Permanent statutory body - to be
established - examine - over-inclusion
and under-inclusion - in OBC list
Ram Nandan Committee - appointed - to
identify creamy layer among OBCs -
Mandal Commission and Aftermath report - 1993 - accepted
National Commission for Backward
classes - established in 1993- act of
▪︎
parliament
Mandate:
Examining complaints of under-inclusion,
over-inclusion and non-inclusion of any
class of citizens in the list of backward
classed for the purpose of job reservation
* 102nd Amendment Act of 2018 -
constitution station on commission and
Mandal Case 1992 enlarged its functions - new Article 338-B
was inserted in the constitution
77th Amendment Act - enacted - 1995 -
added new provison in Article 16 - state
can provide for RESERVATION IN
PROMOTIONS of ang service in favour of
SCs and STs that are not adequately
represented in state services
Action taken by govtvwith regard to
Supreme court's rulings 85th Amendment Act 2001 - provides for
'Consequencial Seniority' in the case of
promotion
Ruling with regard to Backlog Vacancies
was nullified by 81st Amendment Act
2000 - new provision was added - state is
empowered to consider unfilled reserved
vacancies of a year as a separate class of
vacancies which can be filled in any
succeeding year/ years
Such class of vacancies are not to be
combined with the vacancies of the year
in which thwy are being filled up to
determine 50% ceiling of reservation on
total no.of vacancies of that year
• it ends the 50% ceiling on reservation
in backlog vacancies
76th Amendment Act 1994 - placed Tamil
Nadu Reservations Act of 1994 in 9th
schedule to protect it from judicial review
as it provides for 69% of reservation, far
exceeding the 50% ceiling
Added by 103rd Amendment Act 2019
Central govt issued an order in 2019
providing 10% reservation for EWSs in
civil posts and services in GOI
EWSs who are not covered under any of
the existing schemes of reservation for
SCs, STs, and OBCs
Posts should be in grades above the
lower grade i Group A of the service
Reservation for EWSs in Public
concerned
Employment
Should be classified as scientific or
technical in terms of cabinet secretariat
Scientific and technical posts which the
order (1961)
following condition can be exempted from
Qualifications should be up to mark
the purview of this reservation
where it is necessary to have knowledge
in discharge of their duties
The posts should be for conducting
research or for organizing, guiding and
directing research
Abolishes untouchability and forbids its
practice in any form
In 1976 - the Untouchability (offences)
Act, 1955 - amended and renamed - the
Protection of Civil Rights Act, 1955
Term 'Untouchability' - not defined
Mysore High Court - Untouchability - not
literal or grammatical sense - practice as
it had developed historically in the
country
• refers to social disabilities imposed on
certain castes
* doesn't cover social boycott of a few
individuals or their exclusion from
religious services
Supreme court - Article 17 - available
against private individuals - state is
constitutionally obligated to take
necessary action to ensure that the right
is not violated
Prohibits state from conferring any title to
anyone (except a military or academic
distinction)
Prohibits a citizen of India from accepting
any title from foreign state
Foreigner - holding office of profit or trust
- under state - cannot accept title from
foreign state - without consent from -
President
No citizen or foreigner- office of profit or
trust- cannot accept presents
emoluments of office from any foreign
state - without consent of President
Bharat Ratna
Padma Vibhushan
Padma Bhushan
Padma Sri
Right to propagate one's views as well as
views of others
Freedom of press
Freedom of commercial advertisements
Right against tapping of telephonic
conversation
Right to telcast, govt has no monopoly on
electronic media
Right against bundh called by a political
party or organisation
Right to know about government
activities
Freedom of silence
Right to freedom of speech and
expression Right against imposition of pre-
censorship on a newspaper
Right to demonstration or picketing but
not to strike
Sovereignty and integrity of India
Security of state
Friendly relations with foreign states
Public order
Reasonable restrictions on the grounds of
Decency or morality
Contempt of court
Defamation
Incitement to an offence
Right to hold
• public meetings
• demonstrations
• take out processions
Can be exercised only on public land and
the assembly must be peaceful and
unarmed
Provision doesn't protect
• violent, disorderly, riotous assemblies
• one that causes breach of public peace
• one that involves arms
This right doesn't include right to strike
Risk of obstruction
Under Section 144 of Criminal procedure Annoyance or danger to human life,
Right to assemble peacefully and without
code (1973), a magistrate can restrain an health or safety
any arms
Assembly, meeting, or procession if there
is Disturbance of the public tranquillity
A riot
To resist the execution of any law or legal
process
To forcibly occupy the property of some
person
Under section 144 of Indian Penal Code
an assembly of 5 or more persons To commit any mischief or criminal
becomes unlawful if the object is trespass
To force some person to do an illegal act
To threaten the government or its
officials on exercising lawful powers
Political parties
Companies
Partnership firms
All citizens have right to form
• associations or unions
Societies
• co-operative societies
Includes right to form
Clubs
Organisations
Trade unions
Right to form associations or unions or
co-operative societies Includes right to start and continue with
the association or a union
Right to obtain recognition of the
association is not a fundamental right
Sovereignty and integrity of India
Reasonable restrictions
Public order and morality
Supreme court - trade unions have no
guaranteed right to effective bargaining
or right to strike or right to declare a lock
out
• right to strike can be co trolled by an
appropriate industrial law
Entitles every citizen to move freely
throughout the territory of the country
• purpose is to promote national feeling
and no parochialism
Interests of general public
Entry of outsiders in tribal areas is
restricted to protect
• distinctive culture
• language
Protection of interests of any ST
• customs and manners of s ch eduled
Right to move freely throughout the Reasonable restrictions
tribes
territory of India • to safeguard their traditional vocation
and properties against exploitation
Movement of prostitutes can be restricted
on grounds of public health and interest
of public morals - supreme court
Internal (right to move inside the Only this dimension is protected under
country) Article 19
Freedom of movement has 2 dimensions
External (right to move out of the Dealt by Article 21 (right to life and
country and right to come back) personal liberty)
Right to reside in any part of the country
Every citizen has the right to reside and (temporarily)
settle in any part of the territory of the
country
This right has 2 parts Right to settle in any part of the country
(set up home or domicile) (permanently)
Right to reside and settle in any part of Intended to remove internal barriers
the territory of India within the country or between any of its
parts
• promotes narionalism and avoids
narrow mindedness
Same as right to movement
Reasonable restrictions Habitual offenders are also restricted
movement in some areas
All citizens are given right to practice any
profession or to carry on any occupation
trade or business
Reasonable restrictions - interest of
general public
Prescribe professional or technical
qualifications necessary for practising any
profession or carrying on any trade, or
business
State is empowered to Carry on by itself any trade, business,
Right to practice any profession or to industry or service whether to the
carry on any occupation, trade, or exclusion (complete or partial) of citizens
business or otherwise
• the state is not required to justify its
monopoly
Does not include right to carry on a
profession or business or trade or
occupation that is
• immoral ( trafficking in women or
children)
• dangerous (harmful drugs or
explosives)
* state can absolutely prohibit these or
regulate them
Guaranteed to all citizens
Artical 19 - originally - 7 rights - right to
acquire, hold, and dispose of property
was deleted by 44th Amendment Act
1978
Protected against only state Action and
not private individuals
Available only to citizens and
shareholders of a company but not to
foreigners or legal persons like
companies or corporations
State can impose reasonable restrictions
on these 6 rights only on grounds
mentioned in Article 19 and not any other
grounds
Article 20 grants protection against
arbitrary and excessive punishment to an
accused person, whether citizen or
foreigner or legal lerson like a company
or a corporation
No person shall be Convicted of any
offence except for violation of a law
No person shall be Subjected to penalty
greater than that prescribed by the law
Imposes penalties retrospectively
(retroactively) i.e. upon acts already
No ex-post-facto law
done
Limitation is imposed only on criminal law
and not on civil laws and tax laws
Protection under this provision cannot be
claimed in case of preventive detention or
demanding security from a person
No person shall be prosecuted and
punished for the same offence more than
once
Protection against double jeopardy
Contains 3 provisions No double jeopardy
Available only in proceedings before a
court of law or a judicial tribunal
Departmental inquiries are however not
treated as violation of this principle
No person accuse of any offence shall be
compelled to be a witness against himself
Protection against self-incrimination
extends to both oral evidence and
documentary evidence
Compulsory production of material
Self-incrimination objects
Does not extend to Compulsion to give thumb impression,
specimen signature, blood specimens
Compulsory exhibition of body
Extends only to criminal proceedings
No person shall be deprived of his life or
personal liberty except according to
procedure established by law
Available to both citizens and non-citizens
SC held that the protection under Article
21 is available only against arbitrary
executive action and not arbitrary
legislative action
Gopalan case 1950
Meaning state can deprive the right to life
and personal liberty of a person based on
law - because - 'procedure established by
law'
SC took a wider interpretation and held
that the protection is available not only
Menaka case 1978
against arbitrary executive action but
also arbitrary legislative action
Right to live with human dignity
Right to decent environment including
pollution free water and air and
protection against hazardous industries
(Subash kumar vs. State of Bihar, 1991
Right to livelihood
Right tho privacy ( puttaswamy case,
2017)
Right to shelter
Right to health
Right to free education up to 14 years of
age
Right to free legal aid
Right against solitary confinement
Right to speedy trial
Right against handcuffing
Right against inhuman treatement
Right against delayed execution
Right to travel abroad
Right against bonded labour
Right against custodial harrasment
Right to emergency medical aid
SC broadened the scope of right to life
and personal liberty by declaring the Right to timely medical treatment in
following rights as part of Article 21 government hospital
Right not to be driven out of a state
Right to fair trial
Right of prisoner to have necessities of
life
Right of women to be treated with dignity
ans decency
Right against public hanging
Right to road in hilly areas
Right to information
Right to reputation
Right of appeal from a judgement of
conviction
Right to family pension
Right to social and economic justice and
empowerment
Right against bar fetters
Right to appropriate life insurance policy
Right to sleep
Right to freedom from noise pollution
Right to sustainable development
Right to opportunity
Mandate the state to provide free and
compulsory education to all children of
the age of 6 to 14 years
This provisin makes only elementary
education a Fundamental Right
Added by 86th Constitutional Amendment
Act, 2002
Govt described this step as 'the dawn of
the 2nd revolution in the chapter of
citizen's right'
In pursurance of Article 21 A, the
parliament enacted the Right of Children
to Free and Compulsory Education (RTE)
Act, 2009
Grants protection to persons who are
arrested or detained
Punish a person for an offence committed
Punitive Detention by him after trial and conviction in a
court
Detention is of 2 types
Detention of person without trial and
Preventive Detention
conviction by a court
Right to be informed on the grounds of
arrest
Right to consult and be defended by a
legal practitioner
Right to be produced after a magistrate
within 24 hrs, including the journey time
1st part deals with the cases of ordinary Right to be released after 24 hrs unless
law the magistrate authorises further
detention
These safeguards are not available to
enemy Alien or a person arrested or
detained under a preventive detention
law
Article 22 has 2 parts They apply only to an act of a criminal or
quasi-criminal nature
Available to both citizens and aliens
Detention of a person cannot exceed 3
months unless an advisory board
repports sufficient cause for extended
detention
The board is to consist of judges of high
2nd part deals with the cases of court
preventive Detention law
Grounds of detention should be
communixated to the detenu
The detenu should beafforded an
opportunity to make a representation
against the detention order
Circumstances and classes od cases in
which a person can be detained for more
than 3 months under a preventive
detention law without obtaining the
opinion of an advisory board
Article 22 authorises the parliament to
prescribe Maximum period for which a person can
be detained in any classes of cases under
a preventive detention law
The procedure to be followed by an
advisory board in an inquiry
44th Amendment Act, 1978 - reduced -
period of detention from 3 months to 2
months without obtaining the opinion of
an advisory board
Provision not bought into force so 3
mnths still continues
Defence
Parliament:
Exclusive authority to make a law of
Foreign affairs
preventive detention for reasons
connected to
Constitution divided the legislative power Security of India
with regard to preventive between
parliament and state legislature
Security of a state
State legislature concurrently with
parliament can make laws for Maintenance of public order
Maintenance of supplies and services
essential to the community
Preventive detention Act, 1950 - expired
in 1969
Maintenance of internal security Act
(MISA), 1971 - repealed in 1978
Conservation of foreign exchange and
prevention of smuggling activities act
(COFEPOSA), 1974
National Security Act (NSA), 1980
Prevention of Blackmarketing and
maintenance of supplies of essential
Preventive detention laws made by the
commodities Act (PBMSECA), 1980
parliament are
Terrorist and disruptive activities
(prevention) Act (TADA), 1985 - repealed
in 1995
Prevention of illicittraffic in narcotic drugs
and psychotropic substances Act
(PITNDPSA), 1988
Prevention of terrorism Act (POTA), 2002
- repealed in 2004
Unlawful Activities (prevention) Act
(UAPA), 2004, 2008, 2012, and 2019
Bengal state prisoners regulation of 1818
Precentive detention existed even during
british rule
Defence of India Act of 1939