Fundamental Rights : Article 12 – 35

Fundamental Rights : Article 12 – 35

Under Part-3 of the Indian Constitution, the rights of Indian citizens as well as foreign citizens have been explained. If we talk about fundamental rights, then these are the basic rights which are essential for the moral, intellectual and spiritual development of the citizens. Without these all round development of a person cannot happen. According to Justice Gajendra Gadkar, “It is a solid foundation and an indispensable part of the democratic way of life brought to this country by the Constitution.” These are called fundamental rights because even the state itself cannot enforce these rights. The Indian constitution ensures that even the government cannot violate these rights. Only the High Court and the Supreme Court have the right to enforce these rights. There were a total of seven fundamental rights in the original constitution which were amended. In this way, there are a total of six fundamental rights at present, and the removed rights, that is, the right to property, were given the status of a legal right.

Evolution of the Indian Constitution : Historical Background 

• The fundamental rights have been taken from the US Constitution.
• Fundamental rights are justiciable.
• The Fundamental Rights have priority over the Directive Principles (except Article 39B and 39C).
• The fundamental rights were included in the constitution by the Nehru Report of 1928.
• The fundamental rights obtained under Articles 20 and 21 cannot be suspended under any circumstances.
• The President can suspend the fundamental rights (except Articles 20 and 21) through Article 359 (Emergency Declaration).
• At present, on the basis of the case of Kesavananda Bharti vs. State of Kerala (1973), the Parliament has (limited) power to amend the fundamental rights.

The fundamental rights obtained by the constitution are as follows –

1. Right to Equality : Article 14 - 18
2. Right to Freedom : Article 19 - 22
3. Right Against Exploitation : Article 23 – 24
4. Right to Freedom of Religion : Articles 25 – 28
5. Rights Related to Culture And Education : Articles 29 – 30
6. Right to Constitutional Remedies : Articles 32 

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Article – 12 : Definition of State

The reason for defining the state in this article is that the fundamental rights are the rights obtained against the state. According to this, the State includes the Government of India and the Parliament and the Government and Legislature of each of the States and all local and other authorities within the territory of India or under the control of the Government of India. 

We can also say this in this way that under the state –

• Government of India and Parliament
• Government and Legislature of each State
• All local authorities and other authorities within the territory of India or under the control of the Government of India.

Article – 13 : Void of Laws Inconsistent With Fundamental Rights

This article protects the fundamental rights from the laws of the past and future.

• All laws in force in the territory of India immediately before the commencement of the Constitution shall, in so far as they are inconsistent with the provisions of this Part, be void. The power of judicial review by the Supreme Court is exercised under this.
• The State shall not make any law which takes away or abridges the rights conferred under this Part.

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Right to Equality : Article 14 – 18

Article – 14 : Right to Equality Before Law And Equal Protection of Laws

According to this, the State, the territory of India shall not deny to any person equality before the law or equal protection of the laws. The principle of natural justice is embedded in this article, which follows the Declaration of Human Rights. Here the right to equality refers to equal treatment of people living together in similar circumstances. There is no meaning in treating those who are not equal.

• Here the right to equality before the law – from Britain
• Whereas the right to equal protection of laws – has been taken from America.
• Article 14 imposes complete control on the legislative power.

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Article – 15 : Prohibition of Discrimination On The Basis of Religion, Race, Caste, Gender 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 be entitled on grounds of religion, race, caste, sex, place of birth or any of them to shops, public restaurants, hotels, places of public entertainment, wells, tanks, bathing ghats, roads and shall not be denied the use of places of public resort.
3. The state can make special provisions for women and children. The National Commission for Women has been established by Article 15 (3). Management of education for children and establishment of institutions for their development are also done under this.
4. The State may make any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Amended by the First Constitution Amendment Act 1951.
5. This state can make special provision for admission of socially and educationally backward citizens, Scheduled Castes and Scheduled Tribes in educational institutions other than minority institutions. It was added by the 93rd Constitutional Amendment Act 2005.
6. The National Scheduled Castes Commission was established by Article 338 for the welfare of the Scheduled Castes.
7. The National Scheduled Tribes Commission was established by Article 338A for the welfare of the Scheduled Tribes. By the 89th Constitutional Amendment in 2003.
8. Article 339 provides for establishment of SC/ST commission in the states.
9. National Backward Classes Commission was established by Article 340.

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Article – 16 : Equality of Opportunity in The Matter of Public Employment

1. All citizens will get equal opportunities in matters related to employment or appointment to any post under the state.
2. No citizen shall be ineligible or discriminated against in respect of any employment or office under the State on grounds only of religion, race, caste, sex, origin, place of birth, residence or any of them.
3. States are empowered to prescribe the requirement of residence in any employment or appointment under it. Amended by the 7th Constitutional Amendment Act 1956.
4. According to the state, if there is no adequate representation of any backward class in the services of the state, then the state can provide for the reservation of posts for them. But according to the Supreme Court this article should be read with article 335. 
• (a) By the 77th Constitutional Amendment Act 1995, if in the opinion of the state, SCs and STs are not adequately represented in the services under the state, then it can provide for the reservation of posts for them. 
• Whereas by the 85th Constitutional Amendment Act 2001, the system of reservation for any such class or classes (SC / ST / OBC) in promotion with subsequent seniority was introverted. 
• (b) It was added by the 81st Constitutional Amendment Act 2000, according to which if some of the reserved seats could not be filled in any year, such vacant seats can be filled in the next year as a separate category and This will not be considered as a violation of the maximum limit of 50% reservation.
5. According to this, any office bearer associated with the activities of a religious or communal organization may belong to a particular religion or community.

• Articles 16 (1) and 16 (2) support the right to equality in public employment, while Articles 16 (3), (4), (4 A) and (5) are exceptions to it.
• Article 16(4) lays emphasis on social backwardness and not on economic backwardness.
• The Supreme Court upheld 27% reservation for OBCs through the Mandal Commission (Indira Sahni vs Union of India case).

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Article – 17 : Abolition of Untouchability

By this untouchability has been abolished and its practice in any form has been prohibited. Enforcement of any disability arising out of untouchability is an offense punishable in accordance with law. To fulfill this, Civil Rights Protection Act 1955 has been made, in which provision of punishment has been made for those who practice untouchability.

Article – 18 : End of Titles

1. All titles have been abolished except for military or academic honors.
2. No citizen of India shall accept any title from any foreign State.
3. No person holding an office of profit or trust under the State shall accept any title from a foreign State without the consent of the State (President).

In this regard, honors like Bharat Ratna, Padma Bhushan, Padma Vibhushan and Padma Shri were challenged in the court. On this, the court decided that these titles are not contradictory to Article 18 and are completely constitutional and valid, but if a person adds this honor to his name, then this honor will be withdrawn from him.

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