Fundamental Rights

Introduction

Fundamental Rights are enshrined in Part III (Articles 12–35) of the Constitution and are derived from the Bill of Rights of the USA. They are justiciable, meaning they can be enforced by courts.

Why are they called Fundamental?

Guaranteed by the Constitution, the fundamental law of the land.
Essential for individual development – material, intellectual, moral, and spiritual.
Restrict state power to prevent authoritarian rule.
Enforceable by courts – via Article 32 (Supreme Court) and Article 226 (High Courts).

List of Fundamental Rights

Right	Articles	Key Provisions
Right to Equality	14–18	Equality before law, no discrimination, abolition of untouchability, no titles
Right to Freedom	19–22	Freedom of speech, assembly, movement, protection from arbitrary arrest
Right Against Exploitation	23–24	Prohibits human trafficking, forced labor, and child labor
Right to Freedom of Religion	25–28	Right to practice, propagate religion, no state religion
Cultural & Educational Rights	29–30	Protection of minority rights in language, culture, and education
Right to Constitutional Remedies	32	Right to move courts if FRs are violated (Dr. B.R. Ambedkar called it the “Heart and Soul” of the Constitution)

Right to Property – Removed in 1978

Originally a Fundamental Right under Article 31.
44th Amendment Act, 1978 removed it and made it a legal right under Article 300-A (Part XII).

Key Features of Fundamental Rights

1. Available to Citizens & Non-Citizens

Some Fundamental Rights apply only to citizens (e.g., Article 15, 16, 19), while others apply to all persons, including foreigners (e.g., Articles 14, 21, 25).
Legal persons (corporations, companies) can also claim certain rights.

2. Not Absolute, but Qualified

Reasonable restrictions can be imposed by the state (e.g., Freedom of Speech under Article 19(2) can be restricted for public order, defamation, etc.).
The Supreme Court decides whether such restrictions are reasonable.

3. Available Against the State & Private Individuals

Most rights protect individuals from state actions.
However, some (e.g., Articles 17, 23, 24) apply against private individuals too (e.g., untouchability, human trafficking).

4. Negative & Positive Rights

Negative rights place restrictions on the state (e.g., Article 14 – no discrimination).
Positive rights confer benefits (e.g., Article 21A – Right to Education).

5. Justiciable & Enforceable by Courts

Fundamental Rights are justiciable, meaning they can be enforced by courts.
Article 32 allows direct appeal to the Supreme Court for violations.

6. Defended by the Supreme Court

The Supreme Court acts as the guardian of Fundamental Rights.
High Courts (Article 226) can also enforce these rights.

7. Not Permanent – Can Be Amended

Parliament can amend Fundamental Rights via a constitutional amendment but without affecting the Basic Structure (Keshavananda Bharati Case, 1973).

8. Suspension During National Emergency

All Fundamental Rights except Articles 20 & 21 can be suspended during a National Emergency (Article 352).
Article 19 rights are suspended only in case of an External Emergency (war or external aggression), not Internal Emergency (armed rebellion).

9. Limited by Articles 31A, 31B & 31C

Article 31A – Protects agrarian reforms from judicial challenge.
Article 31B – 9th Schedule protects certain laws from judicial review.
Article 31C – Protects laws implementing Directive Principles (DPSP) from being challenged under Articles 14 & 19.

10. Can Be Restricted for Armed Forces & Security Agencies (Article 33)

Parliament can limit Fundamental Rights for armed forces, paramilitary forces, police, intelligence agencies, etc., in the interest of discipline and security.
Example: Defence personnel are restricted from forming unions.

11. Can Be Restricted Under Martial Law (Article 34)

Martial law is military rule imposed under abnormal conditions to restore order.
It is different from National Emergency (Article 352).
During martial law, some Fundamental Rights may be temporarily restricted.

12. Directly Enforceable & Requires Parliamentary Legislation (Article 35)

Most Fundamental Rights are self-executing (do not require legislation).
However, some rights (e.g., Prescribing punishment for human trafficking under Article 23) need Parliamentary laws, not state laws, for uniform implementation.

Definition of ‘State’ under Article 12 of the Indian Constitution

The term “State” is significant in the context of fundamental rights enshrined in Part III of the Indian Constitution. Since fundamental rights are primarily enforceable against the State, Article 12 provides a clear and comprehensive definition of what constitutes the “State” for this purpose. This definition is broad, ensuring that various entities acting on behalf of the State are accountable for any violation of fundamental rights.

What Constitutes the State?

As per Article 12, the State includes:

Union Government and Its Legislature – The executive and legislative branches at the central level.
State Governments and Their Legislatures – The executive and legislative organs at the state level.
Local Authorities – Includes municipalities, panchayats, district boards, and improvement trusts, which function at the grassroots level.
Other Authorities – Covers statutory and non-statutory bodies such as LIC, ONGC, and SAIL, which are significantly controlled by the government.

Significance of This Definition

The Constitution adopts a broad interpretation of the State, ensuring that any agency performing public functions can be held accountable under Fundamental Rights.
If any of these bodies act in violation of an individual’s constitutional rights, their actions can be challenged in courts.
The Supreme Court has expanded this definition over time, stating that even a private entity can be treated as a State if it performs public duties or functions under government control.

Laws Inconsistent with Fundamental Rights (Article 13)

Article 13 is vital in ensuring that no law contravenes Fundamental Rights.

Key Provisions of Article 13:

Declares void any law inconsistent with or derogatory to Fundamental Rights.
Provides the foundation for judicial review, empowering:
Supreme Court (Article 32)
High Courts (Article 226)
Courts may invalidate laws contravening Fundamental Rights.

Meaning of ‘Law’ under Article 13:

The definition of “law” is made wide enough to encompass:

Legislative legislation (permanent law by Parliament or State Legislatures).
Executive legislation (temporary legislation such as ordinances promulgated by the President/Governors).
Delegated legislation (rules, regulations, bye-laws, orders, notifications).
Usages and customs having the force of law.

Therefore, not only formal law but any of these sources are challengeable and can be struck down if they violate Fundamental Rights.

Article 13 declares that a constitutional amendment is not a law and hence cannot be challenged. However, the Supreme Court held in the Kesavananda Bharati case2 (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.

Fundamental Rights for Citizens vs. Foreigners:

Fundamental Right	Only for Citizens	For Both Citizens & Foreigners (Except Enemy Aliens)
Equality before law & equal protection (Art. 14)	❌	✅
Prohibition of discrimination (Art. 15)	✅	❌
Equality of opportunity in public employment (Art. 16)	✅	❌
Abolition of untouchability (Art. 17)	❌	✅
Abolition of titles (Art. 18)	❌	✅
Freedom of speech, assembly, association, movement, residence, profession (Art. 19)	✅	❌
Protection in respect of conviction for offenses (Art. 20)	❌	✅
Protection of life & personal liberty (Art. 21)	❌	✅
Right to elementary education (Art. 21A)	✅	❌
Protection against arbitrary arrest & detention (Art. 22)	❌	✅
Prohibition of human trafficking & forced labour (Art. 23)	❌	✅
Prohibition of child labour (Art. 24)	❌	✅
Freedom of religion (Art. 25-28)	❌	✅
Right of minorities to establish & administer institutions (Art. 30)	✅	❌

Right to Equality (14-18)

1. Equality before Law and Equal Protection of Laws – Article 14

“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
Applies to both citizens and foreigners, including legal entities (corporations, societies, etc.).

Concepts of Equality

Concept	Meaning
Equality Before Law (Negative Concept)	– British origin. – No special privileges. – Equal subjection to ordinary law. – No person is above the law.
Equal Protection of Laws (Positive Concept)	– American origin. – Equal treatment under similar circumstances. – Similar laws for similarly placed individuals. – Like should be treated alike.

SC Ruling: Reasonable classification is permitted if based on intelligible differentia and substantial distinction.
Class legislation is prohibited, but reasonable classification is allowed.

Rule of Law (A.V. Dicey)

Article 14 embodies the Rule of Law, a fundamental principle of governance.
Three Aspects of Rule of Law:
1. No arbitrary power: Punishment only for breach of law.
2. Equality before law: No discrimination in legal treatment.
3. Primacy of individual rights: (Not applicable in India; here, the Constitution is the source of rights).
SC Ruling: Article 14 is a basic feature of the Constitution and cannot be amended to destroy it.

Exceptions to Equality

Exception	Article	Details
Immunity for President & Governors	361	– No legal liability for official actions. – No criminal proceedings during tenure. – Civil cases require 2 months’ notice.
Immunity for media reporting on Parliament & State Legislatures	361-A	No liability for publishing true reports of legislative proceedings.
Parliamentary Privileges	105	No liability for statements or votes in Parliament.
State Legislature Privileges	194	No liability for statements or votes in State Legislatures.
Laws Implementing DPSPs (Article 39(b) & 39(c))	31-C	Such laws override Article 14 (SC: “Where Article 31-C comes in, Article 14 goes out”).
Foreign Sovereigns, Ambassadors & Diplomats	Customary Law	Enjoy immunity from legal proceedings.
UNO & Its Agencies	UN Immunity Act	Diplomatic immunity granted.

2. Prohibition of Discrimination – Article 15

The State shall not discriminate against any citizen on grounds only of: Religion, Race, Caste, Sex, or Place of Birth.
Prohibits adverse distinctions in access to shops, restaurants, hotels, places of entertainment, public wells, tanks, roads, and places of public resort.
Applies to both State and private individuals.

Exceptions to Non-Discrimination

Exception	Provision
Special provisions for Women & Children	E.g., reservation of seats in local bodies, free education.
Special provisions for SEBCs, SCs & STs	E.g., reservation in educational institutions.
Special provisions for OBCs in Educational Institutions (93rd Amendment, 2005)	27% OBC reservation in Central Educational Institutions (IITs, IIMs, etc.), excluding the creamy layer.
Special provisions for EWSs (103rd Amendment, 2019)	10% reservation for EWSs in educational institutions (excluding SC/ST/OBCs).

Reservation for OBCs (93rd Amendment, 2005)

Central Educational Institutions (Reservation in Admission) Act, 2006 provided 27% reservation for OBCs.

Eligibility:

Applies to OBC individuals excluding the creamy layer.

Creamy Layer Exclusion Criteria:

Annual family income exceeds ₹8 lakh.
Parents hold high government positions (Class I/II officers), are in the Armed Forces (Colonel or above), or are professionals (doctors, lawyers, engineers, etc.).
Family owns significant land or property.

Reservation for EWSs (103rd Amendment, 2019)

10% reservation for EWSs (Economically Weaker Sections) in educational institutions (excluding SCs, STs, and OBCs).
Eligibility: Family income < ₹8 lakh, land ≤ 5 acres, flat < 1000 sq. ft., plot < 100 sq. yards (urban) / < 200 sq. yards (rural).
Excludes SC/ST/OBC & those exceeding limits.

3. Equality of Opportunity in Public Employment (Article 16)

Ensures equal opportunity in public employment, prohibiting discrimination based on religion, race, caste, sex, descent, place of birth, or residence.

Exceptions to Equality in Public Employment (Article 16)

Exception	Description
Residence Requirement	Parliament can set residence conditions for certain jobs.
Reservation for Backward Classes	State can reserve posts for SCs, STs, and OBCs if underrepresented.
Religious Posts	Religious institutions can require officeholders to be of the same faith.
EWS Reservation	10% quota for Economically Weaker Sections (EWS).

Mandal Commission & Reservation for OBCs

Mandal Commission (1979) recommended 27% OBC reservation in jobs, ensuring total reservations (SC, ST, OBC) do not exceed 50%.
Mandal Case (1992) SC Ruling:
- Exclude creamy layer among OBCs.
- No reservation in promotions (later reversed by 77th & 85th Amendments).
- 50% cap on total reservations (except in exceptional cases).

EWS Reservation (103rd Amendment, 2019)

10% reservation for EWS in civil posts/services.
Eligibility same as EWS reservation in education (family income < ₹8 lakh, land/property limits apply).
Exemptions: Certain scientific & technical posts may be excluded from this reservation.

4. Abolition of Untouchability (Article 17)

Untouchability abolished and its practice prohibited in any form.
Punishable offence: Any disability arising from untouchability is punishable by law.

Protection of Civil Rights Act, 1955 (Amended in 1976)

Scope was expanded and the punitive measures were toughened.
Defines civil rights as those granted under Article 17.

Judicial Interpretations

Mysore High Court:

Article 17 addresses historical caste-based social disabilities.
Does not include individual social boycotts or exclusion from religious services.

Supreme Court:

Article 17 applies against private individuals.
State must enforce the right and take necessary action to prevent violations.

5. Abolition of Titles (Article 18)

Prohibitions under Article 18:
- State cannot confer any title (except military or academic distinctions).
- Citizens cannot accept titles from foreign states.
- Foreigners in state offices need President’s consent to accept foreign titles.
- No citizen or foreigner in state service can accept gifts, emoluments, or offices from foreign states without President’s approval.
Hereditary Titles Banned:
- Titles like Maharaja, Raj Bahadur, Rai Bahadur (conferred by colonial rulers) are prohibited as they contradict equality.
1996 Supreme Court Ruling:
- National Awards (Bharat Ratna, Padma Awards) are valid since they are not hereditary.
- The awards should not be used as suffixes or prefixes and may be revoked in cases involving offending parties.
Historical Context:
- Introduced in 1954; discontinued in 1977 by Morarji Desai’s regime.
- Reinstated in 1980 by Indira Gandhi’s government.

6. Right to Freedom (Article 19)

Protection of Six Rights:

Article 19 guarantees the following six freedoms to all citizens:

Right	Key Provisions	Reasonable Restrictions
Freedom of Speech & Expression	Right to express opinions through speech, writing, printing, etc. Includes press freedom, right to remain silent, and right to information.	Sovereignty & integrity, security of the state, public order, decency, morality, contempt of court, defamation, incitement to an offense.
Freedom of Assembly	Right to assemble peacefully without arms, conduct public meetings, demonstrations, processions.	Sovereignty & integrity, public order. Section 144 CrPC allows banning assemblies if they threaten public peace.
Freedom of Association	Right to form associations, unions, political parties, companies, trade unions, etc.	Sovereignty & integrity, public order, morality. No fundamental right to recognition. Trade unions have no absolute right to strike.
Freedom of Movement	Right to move freely across India, promoting national unity.	General public interest, protection of Scheduled Tribes. Tribals’ cultural rights restrict outsiders. Courts have upheld restrictions on prostitutes and AIDS-affected persons.
Freedom of Residence	Right to reside and settle anywhere in India, removing internal barriers.	General public interest, protection of Scheduled Tribes. Restrictions apply to criminals and prostitutes in certain areas.
Freedom of Profession, Trade & Business	Right to practice any profession or carry out trade, business, or occupation.	Public interest, professional qualifications, state monopoly in certain industries, prohibition on immoral/dangerous trades (trafficking, harmful drugs, explosives).

Applicability:
- Only against State action, not private individuals.
- Available only to citizens, not to foreigners or legal entities.
Restrictions: State can impose reasonable restrictions only on the grounds specified in Article 19 itself.

7. Protection in Respect of Conviction for Offences (Article 20)

Article 20 protects individuals from arbitrary punishment. It includes:

No Ex-Post-Facto Law: No one can be convicted or penalized for an act that was not a crime when committed. Applies only to criminal laws, not civil or tax laws.
No Double Jeopardy: No person can be prosecuted and punished twice for the same offense. Applies only to judicial proceedings.
No Self-Incrimination: An accused cannot be forced to testify against themselves. Covers oral and documentary evidence but excludes physical samples like fingerprints or blood tests. Applies only to criminal cases.

8. Protection of Life and Personal Liberty (Article 21)

Article 21 states that no person shall be deprived of life or personal liberty except through a lawful procedure. It applies to both citizens and non-citizens.

Judicial Interpretations:

A.K. Gopalan Case (1950): Interpreted Article 21 narrowly, allowing deprivation of life and liberty if done under a law.
Maneka Gandhi Case (1978): Overruled Gopalan, ruling that laws affecting life and liberty must be fair, just, and reasonable. It expanded “personal liberty” to include a wide range of rights.

Rights Recognized Under Article 21:

Right to live with dignity
Right to a clean environment
Right to livelihood
Right to privacy
Right to shelter
Right to health and medical aid
Right to free education (up to 14 years)
Right to legal aid
Right to a speedy and fair trial
Right against inhuman treatment and torture
Right to travel abroad
Right against bonded labour
Right to information
Right to social and economic justice
Right to sustainable development

9. Right to Education (Article 21 A)

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.

86th Constitutional Amendment (2002): Inserted Article 21A, marking a significant step towards universal education.
Directive Principle (Article 45) Revised: Now mandates early childhood care & education up to 6 years.
Fundamental Duty (Article 51A): Citizens must provide education opportunities to their children (6-14 years).
Supreme Court (1993 Judgment): Recognized primary education as part of Right to Life (Article 21).
The RTE Act, 2009 mandates free, quality elementary education for all children aged 6-14 in formal schools meeting prescribed standards. It upholds equality, social justice, and democracy through inclusive education.

10. Protection Against Arrest and Detention (Article 22)

Article 22 provides safeguards against arbitrary arrest and allows preventive detention.

1. Rights under Ordinary Law:

Right to be informed of arrest.
Right to legal counsel.
Magistrate’s approval needed for detention beyond 24 hours.

2. Rights under Preventive Detention:

Detention beyond 3 months requires Advisory Board approval.
Grounds of detention must be communicated (except sensitive details).
Right to representation against detention.

Key Preventive Detention Laws:

COFEPOSA (1974) – Conservation of Foreign Exchange and Prevention of Smuggling Activities Act; aimed at curbing smuggling and preserving foreign exchange.
NASA (1980) – National Security Act; allows preventive detention to maintain national security and public order.
POTA (2002) – Prevention of Terrorism Act (Repealed in 2004); enacted to combat terrorism but repealed due to concerns over misuse.
UAPA (1967) – Unlawful Activities (Prevention) Act; prevents unlawful activities threatening India’s sovereignty and integrity.

Right Against Exploitation

11. Prohibition of Trafficking in Human Beings and Forced Labour (Article 23)

Prohibits human trafficking, forced labour (begar), and associated forms of exploitation.

It applies to citizens and foreigners and protects them from the State and parties as well.
It encompasses practices like slavery, prostitution, devadasi system, and bonded labour.
Exception: The state can compel service for public reasons (i.e., for service in the armed forces) without distinction.
Principal Legislation:
- Immoral Traffic (Prevention) Act, 1956 – Criminalizes human trafficking and exploitation.
- Bonded Labour System (Abolition) Act, 1976 – Abolishes bonded labour.
- Minimum Wages Act, 1948 – Guarantees just compensation in order to avoid exploitative labour.
- Equal Remuneration Act, 1976 – Ensures equal pay for equal work regardless of sex.

12. Prevention of Work in Hazardous Occupations for Children (Article 24)

It bans child labour under the age of 14 in factories, mines, and hazardous jobs.
Allows for children to perform jobs without risks.
Principal Legislation:
- Child Labour (Prohibition and Regulation) Act, 1986 – Regulates child labour and prohibits child labour in hazardous jobs.
- Factories Act, 1948 & Mines Act, 1952 – Avoid child labour in industrial and mining units.
- Commissions for Protection of Child Rights Act, 2005 – Establishes commissions for child rights protection.
- Child Labour (Prohibition and Regulation) Amendment Act, 2016 – Brings child labour under cover and rigorously regulates child labour.

Right to Freedom of Religion

13. Freedom of Conscience and Religion (Article 25)

Guarantees the right to profess, practice, and propagate religion.
Covers both religious beliefs and practices but forbids forced conversions.
Subject to public order, morality, and health restrictions.
The State can regulate secular religious activities and introduce social reforms.
Recognizes Sikhs’ right to carry kirpans; considers Hindus, Sikhs, Jains, and Buddhists as one group.

14. Freedom to Manage Religious Affairs (Article 26)

Religious denominations have the right to:

Establish and maintain religious and charitable institutions.
Manage their own religious affairs.
Own and administer property.
Rights are subject to public order, morality, and health unless it infringes on any other fundamental rights.
The Supreme Court has held that a religious denomination must consist of a common name (as in that of Ramakrishna Mission), faith, and organization.

15. Freedom from Taxation for Religious Promotion (Article 27)

No one shall be compelled to pay any tax for the upkeep or promotion of any religion.
The State should not, in any manner, normally be seen to favour one or another religion, in particular by applying public funds;
Public taxes should not be used for purposes of religion, but charges for secular services such as safety of pilgrims are permissible.

16. Freedom from Attending Religious Instruction (Article 28)

No religious instruction in institutions funded by the State.
Exception: Allowed in State-run institutions established under endowments requiring religious teaching.
This may be imparted in all recognized or State-aided institutions on a voluntary basis with the prior consent of the individual concerned or his/her guardian.

Cultural and Educational Rights

17. Protection of Interests of Minorities (Article 29)

Any section of citizens with a distinct language, script, or culture has the right to conserve it.
No denial of admission to state-funded institutions based on religion, race, caste, or language.
Protects both religious and linguistic minorities but also applies to the majority.
Includes the right to agitate for language protection.

18. Right of Minorities to Establish and Administer Educational Institutions (Article 30)

Minorities (religious or linguistic) can establish and administer educational institutions.
State cannot discriminate in granting aid to minority institutions.
Types of institutions:
1. Seeking both recognition and aid.
2. Seeking recognition but no aid.
3. Neither seeking recognition nor aid (subject to general laws).
Supreme Court rulings:
Rights include choosing a governing body, appointing staff, admitting students, and setting fees.
Ensures equality, not special privileges.
Administration must follow state regulations for academic standards.
State aid does not affect minority status but allows oversight.

19. Right to Constitutional Remedies (Article 32)

Ensures enforcement of Fundamental Rights through the Supreme Court.
Dr. B.R. Ambedkar: Called it the “heart and soul” of the Constitution.
Basic structure doctrine: Cannot be amended or taken away.

Key Provisions:

Citizens can directly move the Supreme Court for Fundamental Rights violations.
Supreme Court can issue writs:
- Habeas Corpus – Release of unlawful detention.
- Mandamus – Order to perform a duty.
- Prohibition – Prevents lower court from exceeding jurisdiction.
- Certiorari – Transfers a case to a higher authority.
- Quo-Warranto – Challenges the legality of a public office holder.
Parliament can empower other courts (excluding High Courts, which already have powers under Article 226).
Suspension during National Emergency (Article 359).

Scope & Jurisdiction:

Original jurisdiction: Citizens can directly approach the Supreme Court.
Concurrent jurisdiction: High Courts (Article 226) also have similar powers.
Only Fundamental Rights can be enforced under Article 32, not other legal/statutory rights.
Alternative remedy not a bar, but SC prefers High Courts to be approached first.

Writs – Types and Scope

The Supreme Court (Article 32) and High Courts (Article 226) can issue five types of writs. High Courts have wider writ jurisdiction as they can issue writs for both fundamental and legal rights, whereas the Supreme Court issues writs only for fundamental rights.

Types of Writs:

Habeas Corpus – “To have the body of”
- Protects against illegal detention.
- Issued against both public and private authorities.
- Not applicable if detention is lawful, by a competent court, or outside the court’s jurisdiction.
Mandamus – “We command”
- Directs public officials to perform their legal duty.
- Can be issued against public bodies, corporations, tribunals, or governments.
- Not applicable against private individuals, the President, Governors, or if duty is discretionary.
Prohibition – “To forbid”
- Prevents lower courts/tribunals from exceeding their jurisdiction.
- Issued only against judicial and quasi-judicial bodies, not administrative or private entities.
Certiorari – “To be certified”
- Transfers a case to a higher court or quashes an illegal order.
- Issued on grounds of lack of jurisdiction or legal errors.
- Can be issued against judicial, quasi-judicial, and administrative authorities but not against legislatures or private entities.
Quo-Warranto – “By what authority”
- Questions the validity of a person’s appointment to a public office.
- Prevents illegal occupation of a substantive, statutory public office.
- Can be sought by any interested person, not just the aggrieved party.

Armed Forces and Fundamental Rights (Article 33)

Parliament has the power to restrict or abolish Fundamental Rights for members of:
- Armed Forces
- Para-military Forces
- Police Forces
- Intelligence Agencies
- Analogous Forces
This ensures discipline and proper discharge of duties.
Only Parliament can make such laws; state legislatures have no authority.
Laws made under Article 33 cannot be challenged in court for violating Fundamental Rights.

Laws Enacted Under Article 33

Army Act (1950), Navy Act (1950), Air Force Act (1950)
Police Forces (Restriction of Rights) Act, 1966
Border Security Force Act
These restrict rights like free speech, forming associations, joining unions, attending public meetings, etc.

Martial Law vs. National Emergency

Feature	Martial Law	National Emergency
Scope	Only affects Fundamental Rights	Affects Fundamental Rights, Centre-State relations, revenue distribution, legislative powers
Government	Suspends government & courts	Government & courts continue functioning
Reason for Imposition	Breakdown of law & order	War, external aggression, or armed rebellion
Extent	Imposed in specific areas	Imposed in whole or part of the country
Constitutional Provision	No explicit provision	Explicitly provided (Articles 352-356)

Non-combatants (barbers, cooks, tailors, mechanics, etc.) in the armed forces are also covered under Article 33.
Court-martial decisions can be excluded from the writ jurisdiction of Supreme Court & High Courts regarding Fundamental Rights.

Exceptions to Fundamental Rights

1. Article 31A – Protection for Certain Laws

Shields five categories of laws from challenges under Articles 14 & 19:

State acquisition of estates
State takeover of property management
Amalgamation of corporations
Modification of rights of directors/shareholders
Modification of mining leases – Condition: Requires President’s assent for immunity.

2. Article 31B & Ninth Schedule – Validation of Laws

Shields laws in the Ninth Schedule from Fundamental Rights challenges.
I.R. Coelho Case (2007): Laws added after April 24, 1973, can be struck down if they violate Articles 14, 15, 19, or 21.
Originally (1951): 13 laws → Now (2016): 282 laws.

3. Article 31C – Protection for Directive Principles

Laws implementing Article 39(b) & (c) are immune from Articles 14 & 19.
Kesavananda Bharati Case (1973):
- Upheld protection for Article 39(b) & (c).
- Struck down removal of judicial review.
Minerva Mills Case (1980): Struck down 42nd Amendment’s attempt to protect all Directive Principles.

Key Rule: Judicial review cannot be removed from laws violating the Basic Structure of the Constitution.

Criticism of Fundamental Rights

Too Many Restrictions – Numerous exceptions dilute their effectiveness.
Lack of Social & Economic Rights – No right to work, social security, or rest.
Vague & Complex – Terms like reasonable restriction are unclear; hard for the common man.
Not Permanent – Parliament can amend or abolish them (e.g., Right to Property in 1978).
Suspended in Emergency – Except Articles 20 & 21, all can be suspended.
Expensive to Enforce – Judicial process favours the rich.
Preventive Detention (Art. 22) – Grants arbitrary power to the State.
No Clear Philosophy – Lacks a consistent ideological foundation.

Significance of Fundamental Rights

Foundation of Democracy – Essential for a democratic system.
Protect Individual Liberty – Act as a safeguard against state overreach.
Ensure Rule of Law – Promote justice and fairness.
Protect Minorities & Weaker Sections – Prevent discrimination.
Strengthen Secularism – Maintain religious neutrality.
Limit Government Power – Prevent authoritarianism.
Promote Social Justice & Equality – Create an inclusive society.
Ensure Human Dignity – Uphold personal rights and respect.
Encourage Political Participation – Empower citizens in governance.

Rights Outside Part III (Legal/Constitutional Rights)

No Tax Without Law – Art. 265 (Part XII).
Right to Property – Art. 300-A (Part XII).
Freedom of Trade & Commerce – Art. 301 (Part XIII).

Unlike Fundamental Rights, these can’t be directly enforced via Article 32; one must move the High Court under Article 226.

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