LLM Notes: Provisions of Fundamental Rights in the Indian Constitution

 The Fundamental Rights in India are enshrined in Part III of the Constitution, covering Articles 12 to 35. These rights are considered essential for the development of every individual and for safeguarding personal liberties against arbitrary state action.

Detailed Provisions by Article

• Articles 14–18: Right to Equality

  • Article 14: Equality before law and equal protection of laws.

  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth.

  • Article 16: Equality of opportunity in public employment.

  • Article 17: Abolition of untouchability.

  • Article 18: Abolition of titles.

• Articles 19–22: Right to Freedom

  • Article 19: Protection of six freedoms-speech and expression, assembly, association, movement, residence, and profession.

  • Article 20: Protection in respect of conviction for offences (ex post facto laws, double jeopardy, self-incrimination).

  • Article 21: Protection of life and personal liberty.

  • Article 21A: Right to education for children aged 6 to 14 years.

  • Article 22: Protection against arbitrary arrest and detention.

• Articles 23–24: Right against Exploitation

  • Article 23: Prohibition of human trafficking and forced labour.

  • Article 24: Prohibition of employment of children in hazardous jobs.

• Articles 25–28: Right to Freedom of Religion

  • Article 25: Freedom of conscience and free profession, practice, and propagation of religion.

  • Article 26: Freedom to manage religious affairs.

  • Article 27: Freedom from taxation for promotion of any religion.

  • Article 28: Freedom from attendance at religious instruction in certain educational institutions.

• Articles 29–30: Cultural and Educational Rights

  • Article 29: Protection of interests of minorities.

  • Article 30: Right of minorities to establish and administer educational institutions.

• Articles 32–35: Right to Constitutional Remedies

  • Article 32: Right to move the Supreme Court for enforcement of Fundamental Rights.

  • Article 33: Parliament’s power to modify rights for armed forces.

  • Article 34: Restrictions on rights during martial law.

  • Article 35: Parliament’s exclusive power to make laws for giving effect to certain rights.

Key Points

• These rights are legally enforceable and can be claimed in a court of law.

• Some rights are available only to citizens (e.g., Article 15, 16, 19), while others are available to all persons (e.g., Article 14, 21).

• The Right to Property was originally a Fundamental Right but was removed in 1978 and is now a legal right under Article 300A.

These provisions form the cornerstone of civil liberties and the rule of law in India.

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