Fundamental Rights : Part III (Articles 12-35)

The Fundamental Rights are those rights that are  included in Part III of the Constitution from Articles 12 to 35. They are a mixture of natural and legal rights. The Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the establishment of an authoritarian and despotic rule in the country, and protect the liberties and freedoms of the people against the invasion by the State. They operate as limitations on the tyranny of the executive and arbitrary laws of the legislature.

Features of Fundamental Rights

• Fundamental Rights are protected and guaranteed by the Indian Constitution.
• The Fundamental Rights are regarded as limitations on the powers of the State. The Parliament can curtail Fundamental Rights or put reasonable restrictions on them for a fixed period of time. However, the court has the power to review the reasonability of the restrictions.
• The Fundamental Rights are individual rights and are enforceable against the State and not against individuals except for the Right Against Untouchability, The Right Against Exploitation, and The Right to Personal Liberty.
• The Fundamental Rights are justiciable in the Court of Law. The Constitution of India allows the individual to move directly to the Supreme Court for the reinforcement of his/her Fundamental Rights when they are violated, restricted, or curtailed.
• The Constitution does not formulate Fundamental Rights in absolute terms. Every right is to be exercised subject to the limitations embodied in that very part itself.
• However, some of the Fundamental Rights are absolute. These rights are, Right Against Untouchability, the Right against engaging children below 14 years of age in hazardous units, and the Right to freedom of conscience.
• All the Fundamental Rights are suspended during National Emergencies except the rights guaranteed under Articles 20 and 21. Moreover, Fundamental Rights can also be restricted during military rule in any particular area.

Meaning of State under Article 12:

• The term ‘State’ has been used in different provisions concerning the fundamental rights.
• 12 had defined the term for the purposes of Part III. The State includes the following-
  • Government (executive) and  of India (legislative) of union.
  • Government (executive) and legislature of states (legislative) organs of state government.
  • All local authorities – municipalities, panchayats, district boards, improvement trusts, etc.
  • All other statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.
• State has been defined in a wider sense so as to include all its agencies.
• It is the actions of aforesaid agencies that can be challenged in the courts as violating the Fundamental Rights.
• The Supreme Court asserted that, even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Art. 12.

Is BCCI State or not?

• Zee Telefilms v. Union of India case judgment held that BCCI cannot be called a State under Art. 12 of The Constitution as it is not created by a statute, not dominated by government either financially, functionally or administratively.

Whether judiciary a state or not?

• In Rupa Ashok Hurra v. Ashok Hurra (2002), the Apex Court reaffirmed and ruled that no judicial proceeding could be said to violate any of the Fundamental rights and superior courts of justice did not fall within the ambit of ‘state’ or ‘other authorities’ under Art. 12.
• In the landmark case of Naresh Shridhar Mirajkar V State of Maharashtra, it was said that only administrative functions of the court can be termed as a state but not the judicial functions.

Laws inconsistent with fundamental rights – art -13

• 13 – All laws that are inconsistent with or in derogation of any of the fundamental rights shall be void.
• This article expressively provides for the doctrine of judicial review.
• This power has been conferred on the SC (Art – 32) and the HC (Art – 226) that can declare a law unconstitutional and invalid on the ground of contravention of any of the Fundamental Rights.
• The term ‘law’ in Art – 13 has been given a wide connotation so as to include the following:
  • Permanent laws enacted by the Parliament or the state legislatures;
  • Temporary laws like ordinances issued by the president or the state governors;
  • Statutory instruments in the nature of delegated legislation (executive legislation) like order, bye-law, rule, regulation or notification;
  • Non-legislative sources of law, that is, custom or usage having the force of law.
• Not only legislation but any of the above can be challenged in the courts as violating a Fundamental Right and hence, can be declared as void.

Right to equality (Articles 14 – 18)

• The right to equality guarantees that everyone is treated equally before the law, that discrimination on numerous grounds is prohibited, that everyone is treated equally in terms of public employment, and that untouchability and titles are abolished.

Article 14

• Equality before the law and equal protection of the law
• The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
• The word person includes legal persons, viz, statutory corporations, companies, registered societies, or any other type of legal person.

Article 15

• Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
• No citizen shall, on the ground 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 –
  • access to shops, public restaurants, hotels, and places of public entertainment; or
  • the use of wells, tanks, bathing ghats, roads, and places of public resorts maintained whole or partly out of State funds or dedicated to the use of the general public.

Article 16

• Equality of opportunity for all citizens in matters of employment or appointment to any office under the state.
• No citizen shall be ineligible for or discriminated against in respect of, any employment or office under the State on grounds of only religion, race, caste, sex, descent, place of birth, residence.

Article 17

• Abolition of untouchability
• The enforcement of any disability arising out of “Untouchability” shall be an offense punishable in accordance with the law.

Article 18

• Abolition of titles
• Except for academic or military titles, the state shall not confer any titles.
• The article also prevents Indian nationals from accepting titles from other countries.
• The title Rai Bahadur, Khan Bahadur, and other titles bestowed by the British Empire are abolished in this article.
• This category does not include awards such as the Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna, and military honors such as the Ashok Chakra and Param Vir Chakra.

Right to freedom (Articles 19 – 22)

The right to freedom ensures citizens’ ability to live a dignified life, among other things.

Article 19

It guarantees to all citizens the six rights

1. to freedom of speech and expression
2. to assemble peaceably and without arms
3. to form associations or unions or co-operative societies
4. to move freely throughout the territory of India
5. to reside and settle in any part of the territory of India
6. to practice any profession, or to carry on any occupation, trade or business.

Article 20

• Protection in respect of conviction for the offense.
• No ex-post-facto law – No person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offence, not be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offense.
• No double jeopardy – No person shall be prosecuted and punished for the same offense more than once.
• No self-incrimination – No person accused of any offense shall be compelled to be a witness against himself.

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
• This right has been labeled the “heart of fundamental rights” by the Supreme Court.
• Article 21A declares that the State shall provide free and compulsory education to all children of 6 to 14 years in such manner as the State may by law determine. ( 86th constitutional amendment act 2002 )

Article 22

• Protection against arrest and detention
• Its purpose is not to punish a person for a past offense but to prevent him from committing an offense in the near future.

Right against exploitation (Articles 23 – 24)

These are crucial Fundamental Rights that ensure that no citizen is subjected to any form of forced labor.

Article 23

• Prohibition of traffic in human beings and forced labor.
• It prohibits other similar forms of forced labor like bonded labor.

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.

Right to freedom of religion (Articles 25–28)

Article 25

• Freedom of conscience and free profession, practice, and propagation of religion
• Article 25 guarantees the freedom of conscience, the freedom to profess, practice, and propagate religion to all citizens.

Article 26

• Freedom to manage religious affairs
• Article protects collective freedom of religion.

Article 27

• Freedom as to payment of taxes for promotion of any particular religion.
• The state should not spend the public money collected by way of tax for the promotion or maintenance of any particular religion.

Article 28

• Freedom from attending religious instructions.
• No religious instruction shall be provided in any educational institution wholly maintained out of state funds.

Cultural and Educational rights (Articles 29 – 30)

Article 29

• Protection of interests of minorities
• Any section of the citizens residing in any part of India having a distinct language, script or culture of its own, shall have the right to conserve the same.

Article 30

Rights of minorities to establish and administer educational institutions.

Right to Constitutional Remedies (Article 32)

• The Constitution establishes legal remedies to protect these rights from violations by the state or other institutions/individuals. It allows Indian citizens to petition the Supreme Court or High Courts to have their rights enforced.
• Parliament can also empower any other court to issue similar writs under Article 32.

Types of writs are:

• Habeas Corpus
• Certiorari
• Prohibition
• Mandamus
• Quo Warranto

Article 33

• Armed force and fundamental rights
• It empowers the parliament to restrict or abrogate fundamental rights of the members of police force, paramilitary, armed force, intelligence agencies and analogous forces.

Article 34

• Martial law and fundamental rights
• Restriction on fundamental rights while martial law is in force.

Article 35

• The article lays down that the powers to make laws, to give effect to certain specified fundamental rights, shall vest only in parliament, not in state legislatures.

Amendability of fundamental rights

• Issue of amendability boils down to interpretation of the term “law” under the ambit of meaning 13.
• From Shankari prasad case to Sajjan Singh case 1965, the court held that the term “law”, does not include constitutional amendment. This implies that the fundamental rights are amendable.
• In Golakhnath case of 1967 (6:5 majority), the Supreme Court reversed its earlier position and held that FR are not amendable.
• Following above rulings, parliament in response enacted 24th CAA 1971, added Art. 13(4) and Art. 368(3).
• 24th CAA 1971 challenged in Kesavananda Bharti case of 1973. Court endorsed that all parts of the constitution are amendable except the part and elements that constitutes basic structure of the constitution.
• However, court does not delineate what actually constitutes the basic structure of constitution.
• Generally, that all parts are component of basic structure without which the constitution would lose its identity and its very essential.

Primacy – FR or DPSP?

• Champakam Dorairajan Case (1952) – Court asserted that all FUNDAMENTAL RIGHTS are superior over . FR can be amended to give effect to DPSP.
• Kerala Education Bill (1957) – Supreme Court had propounded the Doctrine of Harmonious Constructionto avoid a situation of conflict while enforcing DPSPs and the FR.
• Golak Nath Case (1967) – Court asserted that FR cannot be abridged or diluted. FR are sacrosanct and absolute in nature.
• Kesavananda Bharathi Case (1973) – Court asserted that Parliament can amend any part of constitution, subject to Basic Structure of the Constitution. This led to evolution of Doctrine of Basic Structure of the Constitution.
• Minerva Mills Case (1980) – Court asserted that a law made Parliament by under Article 31C would be protected only if it is made to implement directives in Art 39(b) and 39 (c) and not any other DPSPs.

Fundamentals Rights – for Indians and Foreigners

Fundamental Rights- Limitations
The group of Articles 31A, 31B, 31C, 33, 34, and 35 lays down various limitations on the
Fundamental Rights and the circumstances under which these limitations may be
imposed. Article 31A was intended to enable the state to achieve the abolition of
zamindari and other similar tenures. Article 31B validated the acts and regulations
mentioned in the Ninth Schedule. The intention of Article 31C has to save laws giving
effect to DPSP specified in Articles 39(b) and (c).

Previous Year’s Questions:

1. With reference to the writs issued by the Courts in India, consider the following statements: (2022)

1. Mandamus will not lie against a private organization unless it is entrusted with a public duty.
2. Mandamus will not lie against a Company even though it may be a Government Company.
3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.

Which of the statements given above are correct?

(a) 1 and 2 only

(b) 2 and 3 only

(c) 1 and 3 only

(d) 1, 2 and 3

2. What is the position of the Right to Property in India? (2021)
   (a) Legal right available to citizens only
   (b) Legal right available to any person
   (c) Fundamental Right available to citizens only
   (d) Neither fundamental Right nor legal right
3. A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law violates which one of the following Articles of the Constitution of India? (2021)
   (a) Article 14
   (b) Article 28
   (c) Article 32
   (d) Article 44
4. Match list – I (Article of Indian Constitution) with List – II (Provisions) and select the correct answer using the codes below the list: (2002)

Codes:

1. A-2,B-4,C-3,D-1
2. A-3,B-1,C-2,D-4
3. A-2,B-1,C-3,D-4
4. A-3,B-4,C-2,D-1

5. Match list – I (Article of Indian Constitution) with List – II (Provisions) and select the correct answer using the codes below the list: (2004)

Codes:

1. A-2,B-4,C-1,D-3
2. A-3,B-1,C-4,D-2
3. A-2,B-1,C-4,D-3
4. A-3,B-4,C-1,D-2

6. Which Article of the Constitution of India says, ‘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’? (2004)

1. Article 24
2. Article 45
3. Article 330
4. Article 368

7. Which of the following are envisaged by the Right against Exploitation in the Constitution of India? (2017)

1. Prohibition of traffic in human beings and forced labour
2. Abolition of untouchability
3. Protection of the interests of minorities
4. Prohibition of employment of children in factories and mines

Select the correct answer using the code given below:

1. 1, 2 and 4 only
2. 2, 3 and 4 only
3. 1 and 4 only
4. 1, 2, 3 and 4

8. Which one of the following statements is correct? (2017)

1. Rights are claims of the State against the citizens
2. Rights are privileges which are incorporated in the Constitution of a State
3. Rights are claims of the citizens against the State
4. Rights are privileges of a few citizens against the many

9. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)

1. Article 14 and the provisions under the 42^nd Amendment to the Constitution
2. Article 17 and the Directive Principles of State Policy in Part IV
3. Article 21 and the freedoms guaranteed in Part III
4. Article 24 and the provisions under the 44^th Amendment to the Constitution

10. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (2020)

1. Preamble
2. Directive Principles of State Policy
3. Fundamental Duties

Select the correct answer using the code given below:

1. 1 and 2 only
2. 2 only
3. 1 and 3 only
4. 1, 2 and 3

11. Prohibition of discrimination on grounds of religion etc. (Article 15 of the Constitution of India) is a Fundamental Rights classifiable under: (1995)

1. The Right to Freedom of Religion
2. The Right against Exploration
3. The Cultural and Educational Rights
4. The Right to Equality

12. In the Indian Constitution, the Right to Equality is granted by five Articles. They are: (2002)

1. Article 16 to Article 20
2. Article 15 to Article 19
3. Article 14 to Article 18
4. Article 13 to Article 17

13. Which one of the following rights was described by Dr. B.R. Ambedkar as the heart and soul of the Constitution? (2002)

1. Right to Freedom of Religion
2. Right to Property
3. Right to Equality
4. Right to Constitutional Remedies

14. Consider the following: (2011)

1. Right to education
2. Right to equal access to public service.
3. Right to food

Which of the above is/are Human Right/Human Rights under “Universal Declaration of Human Rights”?

1. 1 only
2. 1 and 2
3. 3 only
4. 1,2 and 3

15. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (2019)

1. Article 19
2. Article 21
3. Article 25
4. Article 29

16. Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination? (2020)

1. Right against Exploration
2. Right to freedom
3. Right to constitutional remedies
4. Right to equality

Answers:

1. (c)
2. (b)
3. (a)
4. (a)
5. (c)
6. (a)
7. (c)
8. (c)
9. (c)
10. (d)
11. (d)
12. (c)
13. (d)
14. (d)
15. (b)
16. (d)

Mains:

1. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (2017)
2. Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and judgement(s) of the Apex Court in this regard. (2015)
3. What do you understand by the concept “freedom of speech and expression”? does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression. Discuss. (2014)
4. Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution. (2013)
5. What are the rights within the ambit of Article 21 of the Indian Constitution? (2012)
6. ‘As we live in a plural society, we need the greatest freedom to express our opinions even if others find it offensive’ – Do you agree? Discuss with reference to some recent incidents in the Indian context. (2009)
7. What is a Constitution? What are the main sources of the Indian Constitution? (2007)
8. What is the importance of Right to Constitutional Remedies? (2007)
9. Bring out the issues involved in implementing compulsory primary education in India. (2006)
10. Give your views on the Right to Freedom of religion as enshrined in the Indian Constitution. Do they make India a secular state? (2005)
11. Discuss how the Constitution of India provides equal rights? (2004)
12. What are the Constitutional limitations on the free movement of Indian throughout the country? (2000)
13. Discuss the propositions laid down by the Supreme Court of India in the context of Torture in Prisons and Human Dignity. (2000)
14. What is the status of Right to Property in the Indian Constitution? (1999)
15. On what grounds does Article 15 of the Indian Constitution prohibit discrimination? Indicate the way the concept of ‘Special Protection’ has qualified this prohibition and contributed to social change. (1999)
16. State the amplitude of Article 21 of the Constitution. (1998)

Answers:

1. In the case of Puttaswamy vs. Union of India, the 9- judge bench of the Supreme Court declared Right to Privacy as the Fundamental Right by a majority of 9:0. This type of majority shows that how important right to privacy is in the modern technology driven world.

SC has included right to privacy under Article 21 (Right to Life and Personal Liberty), however the right will not be absolute and will be under certain limitation, which obviously should not be arbitrary in nature and now the aggrieved individual can directly reach the SC for justice (under Article 32).

SC while delivering the judgement has said that liberty and dignity cannot be ensured without privacy. SC through this judgement has also opened the scope of the fundamental right in an non-exhaustive manner.

Through this judgement, it is devised that right to privacy is not a monolithic concept and has various dimensions in it, like

1. It indirectly protects the sexual orientation of the LGBT community which is against the provisions of the Section 377 of the IPC (Indian Penal Code) which criminalises the act of homosexuality (now decriminalised).
2. It also protects the choice of an individual especially in the domain of food and drinking habits. This goes against the Bombay High Court verdict which upholded the law banning cow slaughter and also against the Bihar Government law against the liquor sale.

• It also protects individual integrity in domains like right to abortion, right to sell womb (surrogacy), right not to disclose his/her medical conditions like AIDS.

1. Through this judgement it is indirectly said to the government about increasing the security of the data of the citizens whether in the Aadhar database or on social networking and other websites on internet.

In future, this right to privacy will open new arenas of rights that an individual should be entitled to enjoy.

2. Article 21 of the Indian Constitution protects the life and personal liberty of the citizens. Supreme Court in its various decisions has given a very wide interpretation to this article and observed that the right to life is not merely confined to animal existence or survival, but it includes within its ambit the right to live with human dignity and all those aspects of life which go on to make life meaningful, complete and worth living.

In environment domain, it includes right to clean environment including pollution free water and air and protection against hazardous industries. A PIL (Public Interest Litigation) was filed regarding ban on bursting of fire crackers to protect people’s right to clean environment. The Apex Court in its judgement refused to ban on bursting fire crackers during Diwali. The court observed that a blanket ban would infringe into common man’s right to enjoy religious festivities. Also it is not just impractical, but would also be insensitive towards the cultural practices of different communities.

The Apex Court in its earlier judgement has clearly defined night – time from 10pm to 6am, when bursting of crackers is not allowed. The solution lies in creating awareness about the health hazards associated with bursting crackers. In addition to this, strict adherence to regulations that deals with noise pollution levels will also help. Regulation that deals with levels of pollutants allowed in chemical composition of fire crackers is already in place. The industries need to conform to these standards. Let the people come forward and take informed and pragmatic decisions about the ills of bursting crackers.

3. Freedom of speech is the civil right to express one’s opinion and ideas using one’s body and property to anyone who is willing to accept them. Freedom of expression is interchangeably used for freedom of speech, but includes exchange of notions or material irrespective of medium used.

Freedom of speech and expression is an integral part of modern liberal democracies and is necessary tool for the citizens and the nations to grow and prosper fully. The right to freedom of expression is recognised as a human right under article 19 of the universal declaration of Human Rights. In Indian constitution, it is a fundamental right under article 19 where 19 (a) talks about freedom of speech and expression. Freedom of speech and expression is not absolute.

Every government puts in a reasonable limitation to some extent on its use to maintain equity and equality in the society. Hate speech is speech perceived to disparage a person or group of people based on their social or ethnic group such as race, gender, age, ethnicity, nationality, religion, disability, ideology, occupation, social class etc.

Article 19(2) of Indian constitution talks about reasonable restriction on freedom of speech and expression in interest of sovereignty and integrity of India, the security of the states, friendly relations with foreign states, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence. Section 499 and section 500 of Indian Penal deal with criminal defamation, which act as deterrent to hate speech.

Therefore, freedom of speech does not cover hate speeches as it is not acceptable in a society and is against the definition of freedom of speech and expression which is allowed only up to the point of acceptance.

Films in India have a wider acceptance due to its large audience and are made in many regional languages. Although, there is no constitutional provision regarding films as a medium of speech and expression, but they are being censored by a central authority and are subject to scrutiny of courts if the content is obscene or has a potential to disturb public order. SC in a judgement has said that films contrary to other forms of expression generate more indulged emotions. These emotions have a tendency of harming the social or public order so, to preventing any kind of disorder, the certification process in films is different.

4. Section 66A of the IT Act seeks to prevent grossly offensive material from circulating freely on the internet. However, its provisions are so vague that they are liable to be misused as is clear from recent incidents. The section seeks to punish individuals with imprisonment for the following offences – sending any information which is grossly offensive or has a menacing character, sending information known to be false for causing annoyance, anger, inconvenience etc; persistently making use of a computer or a communication device to cause annoyance or inconvenience. It is quite clear that all the above provisions are quite vague and broad. Annoyance and anger are subjective questions which vary with individuals.

Article 19 -1(a) of the constitution provides the citizens of India with the freedom of speech and expression. Clause 2 of the Article restricts this freedom in the interest of sovereignty and integrity of India, security of the state, friendly relations with foreign states, public order, decency and morality and to prevent contempt of court. Provisions in the Section 66A restrict the freedom of speech without clearly falling under any of the exceptions mentioned in Article 19. The assurance given by the government that the section will be applied in a reasonable manner and that arrests will not be made without the permission of an official not below the rank of Inspector General of Police is not borne out by recent incidents where individuals were arrested for small offences. There is also a worry that police are influenced by political parties and arrests might be made to satisfy political leaders. While the need to prevent criminal intimidation and danger through social media and the internet are recognised, the section goes a bit too far and curbs the freedoms which are held dear in a democracy and a free society.

5. Article 21 of the Indian constitution provides no person shall be deprived of his life and personal liberty except according to the procedure established by law. Atheist interpreted article 21 in a wider sense, it has introduced the concept of due process of law, for providing greater justice to the citizens. The interpretation of the article 21 by Supreme Court has opened a new chapter of human rights jurisprudence. These rights are:

• Right to live with human dignity
• Right to livelihood
• Right to privacy
• Right to decent environment (including pollution hazardous industries)
• Right to shelter
• Right to health
• Right to education (up to 14 years of age)
• Right to free legal aid
• Right against solitary confinement
• Right against bonded labour

6. There are several incidents in India which has raised the issue of balance between freedom of speech and expression on the one hand end right to reputation on the other. All these incidents are based on freedom of speech and expression given as a fundamental right in Indian constitution article 19 1(a). But there are certain limitations on this right. However, this right is not absolute. Article 19 two contains the grounds on which this freedom may be restricted, these are

• maintenance of public order
• sovereignty and integrity of India
• security of the state
• friendly relations with foreign states
• decency or morality
• contempt of court
• Defamation
• and incitement to an offence

India as an ancient civilization, has always been a plural, diversified, multi ethnic and stratified society. the constitution of India provides us with a set of freedom to express ourselves, but with some/ certain restriction(freedom of opinion is not absolute in India).

what need to be understood is that, what is an offensive speech. it is very difficult to define this term. this is used by many right wing groups to threaten the free speech, like happened in case of ‘Preumal’ the writer in Tamil Nadu. So, it is important that, there is clear guidelines for the matter described as hate/ offensive speech.

A plural, secular, democratic society like India has a responsibility which is moral and institutional to ensure that opinions are not offensive and ethically wrong. every citizen in the country has common set of equal and commensurate fundamental rights. The Supreme Court and human right Commission, on time and again ruled that we need to protect the plural order of society. Hence, to work towards becoming an egalitarian society, we need to protect/ respect opinion of others and articulate such that other’s feelings are not harmed in anyway.

7. Article 14 guarantees equality before law, article 226 ensures High Court to issue writs to any person authority and government not only within its jurisdiction but outside it under card house case. Thus, both article 14 and 226 pledges to guarantee equality.
8. Article 32 under Part III of the Indian constitution guarantees the fundamental right to seek remedies for the enforcement of fundamental rights of an aggrieved individual. The sanctity of the fundamental rights has been enhanced by the article 32 by making the rights justiciable. It enhances the significance of fundamental rights in Indian polity.
9. Even the constitution makes provision for compulsory primary education to all children between the age group of 6 to 14 years a fundamental right enshrined in the constitution of India under article 21 A. but no success can be predicted in near future because there is higher dropout ratio.

children are not aware of education benefits and so is the case with parents. so they are not willing for education. Poverty and compulsion of work makes it impossible for some children to have education.

Even proper facility of schools, buildings, teachers and funds are not available in our country. Psychologically trained teachers to encourage children for education are not available. do many policies and schemes are there for compulsory primary education, proper implementation machinery and willingness on the part of bureaucracy is not available.

10. The term ‘Secular’ was added to the preamble by the 42nd constitutional amendment act of 1976. The Indian constitution embodies the positive concept of secularism i.e., placing all religions in the same status and accessible to the equal support from the state, Through the provisions contained in articles 25 to 28 in Part 3 of the constitution.

article 25 says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion. Article 26 says that every religious denomination or any of its section has right to establish and maintain institution for religious and charitable purposes and manage its own affairs in matter of religion. Article 27 ensures that no person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination. Article 28th says that no religious instruction shall be provided in an educational institution wholly maintained out of state funds.

Constitutional values:

• India has no state religion.
• State doesn’t discriminate between religions.
• State cannot impose any tax to promote a religion or to maintain religious institution
• Religious instructions cannot be imported in educational institutions run by state fund.
• In educational institutions recognised by the state, religious instructions cannot be compulsorily given to unwilling students.

Through these constitutional values India refutes any form of theocratic culture, as it is repugnant to the democratic spirit. In India secularism has emerged in our struggle for freedom as a complementary value to democracy and nationalism. In post-independence years it has become part of the new identity of multi-ethnic multireligious and multi-lingual state. Citizens of India by law and by the constitution are members of a common unified polity where people belonging to multi religious order coexist. In India secularism is both a reality and idea. However, India is far from achieving the idea of secularism. It is evolving gradually through constant efforts of the state in India.

11. The term equality in the preamble of the Indian constitution pledges to secure to all citizens of India equality of status and opportunity. This provision embraces 3 dimensions of equality – Civic, political and economic. The chapter on fundamental rights in Part 3 of the constitution ensures civic equality through the following provisions:

• Equality before the law article 14
• Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth Article 15
• Equality of opportunity in matters of public employment article 16
• Abolition of untouchability article 17
• Abolition of titles article 18

Political equality is sought to be achieved by article 325 that declares that the person is to be declared ineligible for inclusion in electoral rolls on grounds of religion, race, caste or sex, article 326 which says, elections to the Lok Sabha and the state assemblies to be on the basis of adult suffrage.

Economic equality is secured by the direct principles of state policy through article 39 which secures to men and women equal right to an adequate means of livelihood and equal pay for equal work. To further strengthen the guarantee of right to equality the Supreme Court held that where equals and unequals are treated differently article 14 does not apply. It forbids class legislation but it permits reasonable classification of persons, objects and transactions by the law without being arbitrary.

The Supreme Court further in M Nagaraj v/s union of India 2007 case held that right to equality under article 14 forms the part of the basic structure of the constitution. In the opinion of the Supreme Court, equality is the essence of democracy. Therefore, the rule of law as embodied in article 14 is a basic feature of the constitution and it cannot be destroyed by the amendment. However, there are some exceptions to article 14:00 in the following provisions of the constitution:

• Article 361- the president of India and the governor of states are exempted from any criminal proceedings during their term of office.
• Article 31- C – says last implementing directive principles contained in clauses b or C of article 39 cannot be challenged for being violative of article 14.
• Article 359(1) – the president may suspend the right to move to court for enforcement of fundamental rights except article 20 and 21.

12. Article 19 (1) (d) in Part III of the Indian constitution guarantees to the citizens right to move freely throughout the territory of India. The freedom entitles every citizen freedom of movement throughout the territory of the country to underline the idea of India as one unit, so far the citizens are concerned. In short, it seeks to promote national unity. However reasonable restrictions on this freedom are imposed on 2 grounds namely the interests of general public and the protection of interest of any scheduled tribe.

The entry of outsiders in the tribal area is restricted to protect the distinctive culture, language, customs and manners of scheduled tribes and to safeguard their traditional vocation and properties against exploitation. The freedom has 2 dimensions i.e., internal, ensuring right to move inside the country and external, ‘ guaranteeing’ the right to move out of the country and right to come back to the country. Article 19 protects only the first dimension, while article 21 protects the second dimension. 

13. The Supreme Court has, from time to time, held that even prisoners have rights to be treated with human dignity. They are not to be treated with derogatory manner and inhuman torture. The court has widened the scope of article 21 to provide free legal aid and speedy trial as a fundamental right. Even the Supreme Court has held solitary confinement should not be imposed except on extraordinary courses. It was held to be violative of article 21. the Supreme Court has accepted that our constitution requires to follow the process of natural justice and hence, low person can be treated against his natural human dignity, even in prison. He’s empowered and has the right to have food, healthy environment and corporation in certain matters. Prisoners cannot be treated as animals and are not to be punished except in accordance with

In matters regarding torture in prison it has been strictly ordered that no treatment can be imparted to the prisoners which injure them bodily and mentally. In case of women prisoners or custodians, they are not to be sexually harassed. the court has in some cases given effect to a single postcard for or by the prisoner as a petition for a writ and writs have been issued to save them from torture. Not only relieving them from inhuman treatment of torture in prison but compensatory measures have also been taken by the court. Compensation is issued to prisoners who have been detained longer than the period of punishment. Quick discharge from prisons is ordered to those prisoners 

14. The 44th amendment act of 1978 abolished the right to property as a fundamental right by repealing article 19 (1) (f) and article 31 from Part III. Now the right to property is a legal and constitutional right. The right to property can be amended by ordinary legislation and restricts executive action.

15. Part III of the Indian constitution guarantees fundamental rights which are considered to constitute the basic structure of the constitution. Articles 14 to 18 make guarantee – right to equality. Article 15 provides that the state shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth. The use of the word ‘discrimination’ means to make an adverse distinction with regard to or to distinguish unfavourably from others. The use of the word only connotes that discrimination on other grounds is not prohibited. the article seeks to ensure that no citizen shall be subjected to any disability, liability, restriction or condition on the above grounds. acts as a prohibition not only against the state but also against private individuals. however, the concept of special protection in the article entitles the state to make special provision for women, children, socially and educationally backward classes, scheduled castes and scheduled tribes.

Special protection seeks to promote social change by prohibiting discrimination. The state is permitted to make special provision for women and children, by reserving seats for women in local bodies on provision of free education for children. The state is permitted to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes in scheduled tribes through reservation of seats for fee concessions in public institutions. The state is also empowered to make any special provision for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or scheduled tribes regarding their admission to educational institutions, weather aided or unaided by the state except the minority educational institutions. These exceptions in case of non-discrimination have contributed to social change to an appreciable extent in India. 

16. Personal liberty is of widest amplitude in article 21 as it covers variety of rights that constitute the personal liberties of a man. To give it further significance, it acts as a limitation on executive action. This means that the state can deprive the right to life and personal liberty of a person based on a law.