,
meaning they can be enforced
in a court of law
- G Austin
(total 5 rights)
(total 4 rights)
-35
(Panchayats, Municipality etc)
Heard by a 13-judge bench
of the SC (largest bench)
* i.e. constitutional amendments cannot change the 'basic structure' of the Indian Constitution.
* Golaknath case of 1967 is a landmark SC decision where the court ruled that Parliament cannot amend the FRs enshrined in Part III of the Indian
Constitution. Later Kesavananda Bharati case of 1973 partially overturned the Golaknath case decision by introducing the 'basic structure doctrine',
which allows Parliament to amend the FRs but not alter its 'core feature / basic structure'.
It states that everyone should be treated equally in the eyes of the law
It states that the same law will be applied to all people equally across society
• The President and governors, foreign
sovereigns, diplomats, ambassadors
Exceptions:
on the grounds of
Equality of opportunity in matters of public employment on the grounds of
* Public Interest Litigation (PIL) in India is a legal
mechanism where any citizen or organization can
initiate a case in court to protect the interests of the
public or a particular class of people who are unable
to do so themselves.
• To investigate the conditions of socially and educationally backward classes in India
(Chairman: B P Mandal)
• To identify the socially and educationally backward classes in India to consider providing them with
reservations in government jobs and educational institutions.
• Recommended reservation to OBCs to 27% PM: V P Singh
Also called
'Mandal Case
of 1992'
* The creamy layer of Other Backward Classes (OBC) is a term used to describe members of the OBCs who are considered
to be socially, economically, and educationally advanced. They are not eligible for government-sponsored educational and
professional benefit programs.
- The state and any private individual are prohibited from
practicing untouchability
(without the consent of President)
Not even foreign
title is allowed
(1)
* SC has held that hoisting the Shreya Singhal Case
National Flag atop the private
buildings is a FR of every citizen
under Article 19(1)(a) of the
Constitution.
* The Right to Information (RTI)
Act, 2005, is grounded in Article
19(1) of the Indian Constitution.
cannot destroy public order
reside
human
• Sovereignty and integrity of India, Security of
the State, Public order, Decency or morality,
Defamation, Incitement of an offence etc.
• Art 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of
them.
(2) No citizen shall, on grounds 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 resort maintained wholly or partly out of State funds
or dedicated to the use of the general public.
(3) Nothing in this article shall prevent the State from making any special provision for women and children.
(4) Nothing in this article shall prevent the State from making any special provision for the advancement of any socially and
educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
(5) It allows the government to make special provisions, including reservations, for the admission of students from socially
and educationally backward classes (including SCs and STs) into educational institutions including private educational
institutions, whether or not aided by the government.
Added by the 93rd CAA.
• Art 16: Equality of opportunity in matters of public employment
(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under
the State
(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be
ineligible for, or discriminated against in respect of, any employment or office under the State.
(3) Nothing in this article shall prevent the State from making any law regarding employment or appointment to an office
under the Government within the State prior to such employment or appointment.
(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in
favour of any backward class of citizens
A law cannot be made that punishes actions that were legal
when they were committed.
A person cannot be tried or punished more than once for the • Right to Health & Sleep
same offense
• Right to a speedy trial
• Right to marry & divorce
A legal principle that protects a person from • Right to travel abroad
being forced to provide evidence against Municipal Corporation Case
himself in a criminal case
SC held that 'Right to live' under Article 21 also includes
'Right to livelihood' which is in relation with 'Right to shelter'.
SC gave a Wide interpretation
of Article 21
> SC gave a narrow interpretation
of the 'right to life' and 'personal
liberty'
> This case initially did not
due process of law
recognize the 'right to privacy'
under Art 21
as a part of Article 21
3. Ramachandra Rao Case- SC ensures the 'right to a speedy trial' as a FR 5. Mohini Jain Case- SC extended the
scope of Art 21 and observed that
4. Justice Puttaswamy- SC gave full recognition to the 'right to privacy' as a FR ‘the Right to education flows directly
from the Right to life’
- PM: Atal Bihari Vajpayee
Right to Education Act 2009
for the further implementation
of Art 21(A)
Deals with preventive detention: The government and the
Preventive custody-
authorities have the power to detain a person if there are
only for 3 months-
extension beyond reasonable grounds to do so.
• The D.K. Basu
guidelines on 3 months- only after
* Two Types of Detentions:
approval by the
arrest are a set Right to be informed about Advisory Board
of guidelines laid > Preventive detention is when a person is held in police custody
down by the SC
the cause of arrest only on the basis of a suspicion that he would conduct a criminal
that outline the act or cause harm to society.
rights of an Right to be produced before a
arrested person. magistrate within 24 hours > Punitive detention means detention as a punishment for a
These guidelines criminal offence.
are related to
Art 22. Right to be defended
by a legal practitioner
Right against exploitation
* People's Union for Civil Liberties (PUCL)
V. Union of India (UoI) case established
the 'right to food' under Art 21, 'right to
information about political candidates'
under Art 19(1)(a) as FRs.
* Chameli Singh v. State of UP: SC ruled
that the 'right to shelter' is a FR under
Article 21 and the 'right to residence'
under Article 19(1)(e).
During war,
known as 'the hallmark of democracy' Manage its own religious affairs
&
Administer such property according to the law
Freedom of conscience, profession, practice,
and propagation of religion
Freedom to pay taxes for the promotion of any particular religion
Freedom to choose whether or not to attend religious activities in educational institutions
(1) This provides that no religious instruction shall be provided in State-run educational
institutions.
(2) Educational institutions administered by the State but that were established under any
endowment or trust which requires that religious instruction shall be imparted in such
institutions are exempted from the above clause.
Art 29-30: Cultural & Educational Rights (Rights of minorities)
Art 29: Protection of interests of minorities
(1): Right to protect language, script, culture of every citizen- for any section of society
(2): No citizen shall be denied admission into any educational institution maintained
by the State or receiving aid out of State funds on grounds only of religion, race,
caste, language or any of them- i.e. Right to conserve culture
Art 30: Right of minorities to establish and administer educational institutions of their choice
* The term 'minority' is not defined in the Indian Constitution. However,
the Constitution does recognize religious and linguistic minorities.
The central government has also notified certain religious communities
as minorities under the National Commission for Minority Act, 1992.
The notified minority communities in India are: Muslims, Christians,
Sikhs, Buddhists, Jains, and Parsis.
Right to approach the SC for the enforcement of their FRs
SC can issue 5 writs by Art 32(2)
taken from UK
To instruct a lower court to send a case's
records to a higher court for review.
related case: Shivkant Shukla Case
Can be issued by SC under
Art 32 & by HC under Art 226
personnel
Martial law or military rule- taken from UK
, not on state legislature)
other FRs are available to both Indian
citizens and foreigners (aliens)
* During 44th CA: Morarji Desai
was the PM (1978)
* During the time of an emergency, FRs mentioned in Article 19 are automatically
suspended under 358. FRs under Article 19 can be suspended only when the
National Emergency is declared on the ground of war or external aggression and
not on the ground of armed rebellion- by the 44th CAA 1978.
* Other FRs are suspended under 359. However, the FRs mentioned in the Art 20
and Art 21 cannot be suspended even at the time of an Emergency.
