FUNDAMENTAL RIGHTS
Introduction:
The founding father of the Indian constitution were conscious of the need to recognize
the basic rights of the people. The Fundamental Rights are enshrined in Part III of the
Constitution from Articles 12 to 35. Part III of the Constitution is rightly described as
the Magna Carta of India. It contains a very long and comprehensive list of ‘justiciable
‘Fundamental Rights. The Fundamental Rights are meant for promoting the ideal of
political democracy. The Fundamental Rights are named so because they are
guaranteed and protected by the Constitution, which is the fundamental law of the
land. They are ‘fundamental’ also in the sense that they are most essential for the allround development (material, intellectual, moral and spiritual) of the individuals.
The Constitution provided for six Fundamental Rights viz,
1. Right to equality (Articles 14–18):
The state should ensure that every person is equal before law and all are equally
protected by law. In order to establish equality, the constitution enshrines the
following right.
(a) Equality before law and equal protection of laws (Article 14):
Article 14 says that the State shall not deny to any person equality before the law
or the equal protection of the laws within the territory of India.
(b) Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth (Article 15).
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 two crucial words
in this provision are ‘discrimination’ and ‘only’. The word ‘discrimination’ means
‘to make an adverse distinction with regard to’ or ‘to distinguish unfavourably
from others’.
(c) Equality of opportunity in matters of public employment (Article 16).

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Article 16 provides for equality of opportunity for all citizens in matters of
employment or appointment to any office under the State. No citizen can be
discriminated against or be ineligible for any employment or office under the
State on grounds of only religion, race, caste, sex, descent, place of birth or
residence.
(d) Abolition of untouchability and prohibition of its practice (Article 17).
Article 17 abolishes ‘untouchability’ and forbids its practice in any form. The
enforcement of any disability arising out of untouchability shall be an offence
punishable in accordance with law.
(e) Abolition of titles except military and academic (Article 18).
Article 18 abolishes titles and makes four provisions in that regard: It prohibits
the state from conferring any title (except a military or academic distinction) on
anybody, whether a citizen or a foreigner. It prohibits a citizen of India from
accepting any title from any foreign state. A foreigner holding any office of profit
or trust under the state cannot accept any title from any foreign state without the
consent of the president. No citizen or foreigner holding any office of profit or
trust under the State is to accept any present, emolument or office from or under
any foreign. State without the consent of the president.
2. Right to freedom (Articles 19–22)
1) Article 19 guarantees to all citizens the six rights:
These are:
(i) Right to freedom of speech and expression.
It implies that every citizen has the right to express his views, opinions, belief
and convictions freely by word of mouth, writing, printing, picturing or in any
other manner.
(ii) Right to assemble peaceably and without arms.
Every citizen has the right to assemble peaceably and without arms. It includes
the right to hold public meetings, demonstrations and take out processions.
This freedom can be exercised only on public land and the assembly must be
peaceful and unarmed.
(iii) Right to form associations or unions or co-operative societies.

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All citizens have the right to form associations or unions or co-operative
societies. It includes the right to form political parties, companies, partnership
firms, societies, clubs, organisations, trade unions or anybody of persons.
(iv) Right to move freely throughout the territory of India.
This freedom entitles every citizen to move freely throughout the territory of
the country. He can move freely from one state to another or from one place to
another within a state.
(v) Right to reside and settle in any part of the territory of India.
Every citizen has the right to reside and settle in any part of the territory of the
country. This right has two parts: (a) the right to reside in any part of the
country, which means to stay at any place temporarily, and (b) the right to
settle in any part of the country, which means to set up a home or domicile at
any place permanently.
(vi) Right to practice any profession or to carry on any occupation, trade or
business. All citizens are given the right to practise any profession or to carry
on any occupation, trade or business. This right is very wide as it covers all the
means of earning one’s livelihood.
2) Article 20 of the constitution prohibits arbitrary imprisonment of any person.
No person shall be prosecuted or punished for the same crime more than once.
No one is compelled to give a self-incriminating evidence.
3) Article 21 of the constitution establishes the right of life and personal liberty to
all people. Nobody shall be deprived if his life or personal liberty except
according to procedure established by law.
4) Right to Education: Article 21 A declares that the State shall provide free and
compulsory education to all children of the age of six to fourteen years in such a
manner as the State may determine. Thus, this provision makes only elementary
education a Fundamental Right and not higher or professional education.
5) Articles 22 of the constitution prohibits the state from arbitrarily arresting any
person. This article provides safeguard to people from arbitrary arrest. People

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who are arrested shall have the right to be informed about the reason for the
arrest.
3. Right against exploitation (Articles 23–24)
(a) Article 23 of the constitution Prohibits traffic in human beings and forced labour
system. This article prohibits slavery, traffic in women or children or crippled
persons in immoral purposes like prostitution or begging.
(b)Article 24 prohibits any child below the age of fourteen from working in
dangerous and hazardous employment.
4. Right to freedom of religion (Articles 25–28)
(a) Article 25 of the constitution ensures freedom of conscience and freedom to
process, practice and propogate religion of one’s choice.
(b)Article 26 of the constitution guarantees the right to establish and maintain
institutions for religious or charitable purposes.
(c) Article 27 of the constitution guarantees the citizen the freedom from payment of
taxes for the promotion or maintenance of any particular religion.
(d)Article 28 of the constitution no religious instruction shall be provided in any
educational institution maintained by state funds.
5. Cultural and educational rights (Articles 29–30)
(a) Article 29 of the constitution protects the right of minorities to safeguard their
distinct language, script & culture.
(b)Article 30 of the Constitution grants the right of minorities to setup their
educational institutions.
6. Right to constitutional remedies (Article 32)
Article 32 of the constitution grants the right to move Supreme court by appropriate
writ for enforcement of right conferred by the constitution. The Supreme Court or High
Court has the power to issue Writs or order in the nature on “Habeaus Corpus,
Mandamus, Prohibition, Certiorari and Quo Warrantor” whichever may be
appropriate.

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Habeas Corpus
Which literally means ‘to have the body of’. 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.
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.
Prohibition
Literally, it means ‘to forbid’. It is issued by a higher court to a lower court or tribunal
to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it
does not possess.
Certiorari
In the literal sense, it means ‘to be certified’ or ‘to be informed’. 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.
Quo-Warranto
In the literal sense, it means ‘by what authority or warrant’. It is issued by the court 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.
Armed Forces and Fundamental Rights (Articles 33)
Article 33 empowers the Parliament to restrict or abrogate the fundamental rights of
the members of armed forces, para-military forces, police forces, intelligence agencies
and analogous forces. The objective of this provision is to ensure the proper discharge
of their duties and the maintenance of discipline among them.
Martial Law and a Fundamental Rights (Articles 34)
Article 34 provides for the restrictions on fundamental rights while martial law is in
force in any area within the territory of India. It empowers the Parliament to indemnify

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any government servant or any other person for any act done by him in connection
with the maintenance or restoration of order in any area where martial law was in
force. Article 34 under which martial law can be declared in any area within the
territory of India. The martial law is imposed under the extraordinary circumstances
like war, invasion, insurrection, rebellion, riot or any violent resistance to law.
Besides the Fundamental Rights included in Part III, there are certain other rights
contained in other parts of the Constitution. These rights are known as constitutional
rights or legal rights or non-fundamental rights. They are:
1. No tax shall be levied or collected except by authority of law (Article 265 in Part
XII).
2. No person shall be deprived of his property save by authority of law (Article
300-A in Part XII).
3. Trade, commerce and intercourse throughout the territory of India shall be free
(Article 301 in Part XIII).
4. The elections to the Lok Sabha and the State Legislative Assembly shall be on
the basis of adult suffrage (Article 326 in Part XV).
FUNDAMENTAL DUTIES
Introduction:
The original constitution contained only the fundamental rights and not the
fundamental duties. In 1976, the Congress Party set up the Sardar Swaran Singh
Committee to make recommendations about fundamental duties.
In 1976, the fundamental duties of citizens were added in the Constitution. Part IVA of
the Constitution consists of only one Article, that is, Article 51A which for the first time
specified a code of ten fundamental duties of the citizens.
This part has been inserted by the 42nd Amendment Act,1976. In 2002, one more
Fundamental Duty was added making it eleven.
Article 51A –
(a) to abide by the Constitution and respect its ideals and institutions, the National
Flag and the National Anthem;

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(b) to cherish and follow the noble ideals that inspired the national struggle for
freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d)to defend the country and render national service when called upon to do so;
(e) to promote harmony and the spirit of common brotherhood amongst all the
people of India transcending religious, linguistic and regional or sectional
diversities and to renounce practices derogatory to the dignity of women;
(f) to value and preserve the rich heritage of the country’s composite culture;
(g) to protect and improve the natural environment including forests, lakes, rivers
and wildlife and to have compassion for living creatures;
(h)to develop scientific temper, humanism and the spirit of inquiry and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective activity so
that the nation constantly rises to higher levels of endeavour and achievement;
and
(k) to provide opportunities for education to his child or ward between the age of six
and fourteen years. This duty was added by the 86thConstitutional Amendment
Act, 2002.
Questions:
1. What are rights to constitutional remedies?
2. Discuss about the “Right to Freedom of Religion”.
3. What are the fundamental duties incorporated in Part IVA of the constitution?