Fundamental Rights : Part III (Articles 12-35)

Fundamental Rights

One of the earliest historical documents that laid the foundation for the protection of individual liberties is the Magna Carta, signed in England in 1215. The Magna Carta emphasized the rights and limitations of rulers, establishing principles that later influenced the development of Fundamental Rights.The American Revolution (1775-1783) marked a significant turning point in the recognition of Fundamental Rights. The United States Declaration of Independence, adopted in 1776, proclaimed that all individuals are endowed with certain unalienable rights, including life, liberty, and the pursuit of happiness. The French Revolution (1789-1799) also played a pivotal role in shaping the understanding of individual rights. The French Declaration of the Rights of Man and of the Citizen, adopted in 1789, enshrined fundamental principles such as liberty, equality, and fraternity. In the aftermath of World War II, the Universal Declaration of Human Rights (UDHR) was adopted by the United Nations General Assembly in 1948. The UDHR serves as a global standard for protecting and promoting human rights, including Fundamental Rights.

The first demand for fundamental rights in India came in the form of the Constitution of India Bill, in 1895, Also popularly known as the Swaraj Bill 1895. It was written during the emergence of Indian nationalism and increasingly vocal demands by Indians for self-government. It talked about freedom of speech, right to privacy, right to franchise, etc. The Fundamental Rights are enshrined in Part III of the Constitution (Articles 12-35). Part III of the Constitution is described as the Magna Carta of India. The Constitution of India provides for six Fundamental Rights:

• Right to equality (Articles 14–18)
• Right to freedom (Articles 19–22)
• Right against exploitation (Articles 23–24)
• Right to freedom of religion (Articles 25–28)
• Cultural and educational rights (Articles 29–30)
• Right to constitutional remedies (Article 32)

Article 12: Definition of State

Article 12 of the Indian Constitution defines the scope of the term “State” as used throughout the Constitution. It reads: “Definition. – In this Part, unless the context otherwise requires, ‘the State’ includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.” The term “State” encompasses several entities:

• The Government and Parliament of India: This refers to the executive and legislative branches of the central government.
• The Government and the Legislature of each of the States: This includes the executive and legislative branches of the state governments.
• All local or other authorities within the territory of India: This covers local bodies such as municipal corporations, panchayats, and other administrative bodies operating within the territory of India.
• Authorities under the control of the Government of India: This extends the definition to include entities or bodies that may not be explicitly mentioned but are under the control or authority of the central government.

Article 13: Laws inconsistent with or in derogation of the fundamental rights

1. All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
2. The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
3. In this article, unless the context otherwise requires,—
   • ‘law’ includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
   • ‘laws in force’ includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

Right to Equality (Articles 14–18)

Article 14: Equality Before The Law

The State shall not deny to any person equality before the law(British concept) or the equal protection of the laws(American concept) within the territory of India.

Article 15: Prohibition of Descrimination on Grounds of Religion, Race, Cast, 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 or in clause (2) of article 29 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. Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.
6. Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,—
   • (a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and
   • (b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten percent of the total seats in each category.

(For the purposes of this article and article 16, “economically weaker sections” shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.)

Article 16: Equality of Opportunity 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 Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory 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 which, in the opinion of the State, is not adequately represented in the services under the State.
• (4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion, with consequential seniority, to any class or classes of posts in the services under the State in favour of Scheduled Castes and the Scheduled Tribes which in the opinion of State are not adequately represented in the services under the State.(81st Constitutional Amendment Act, 2000)
• (4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent, reservation on total number of vacancies of that year.(81st Constitutional Amendment Act, 2000)
• (5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.
• (6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten percent of the posts in each category.

Aricle 17: Abolition of Untouchability

Article 17 of the Indian Constitution deals with the abolition of untouchability, which was a social evil prevalent in India for centuries. It declares untouchability to be abolished and makes its practice in any form punishable by law. Here’s the text of Article 17:

‘Untouchability’ is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of ‘Untouchability’ shall be an offence punishable in accordance with law.

Note: The term ”Untouchability” is neither defined in constitution nor in act that prevents untouchability.

Article 18: Abolition of Titles

1. No title, not being a military or academic distinction, shall be conferred by the State.
2. No citizen of India shall accept any title from any foreign state.
3. No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign state.
4. No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign state.

Right to Freedom (Articles 19–22)

Article 19: Protection of certain rights

• (1) All citizens shall have the right—
  • (a) to freedom of speech and expression;
  • (b) to assemble peaceably and without arms;
  • (c) to form associations or unions or co-operative societies;
  • (d) to move freely throughout the territory of India;
  • (e) to reside and settle in any part of the territory of India;
  • (g) to practise any profession, or to carry on any occupation, trade or business.

Note: Subclause (f) of Clause(1) of Article 19 i.e Right to acquire,hold and dispose of property was removed by 44th Constitutional Amendment Act,1978

• (2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.
• (3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
• (4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.
• (5) Nothing in sub-clauses (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Scheduled Tribe.
• (6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to,—
  • (i) the professional or technical qualifications necessary for practising any profession or carrying on any occupation, trade or business, or
  • (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry or service, whether to the exclusion, complete or partial, of citizens or otherwise.

Article 20: Protection in respect of conviction for offences

(1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.

(2) No person shall be prosecuted and punished for the same offence more than once.

(3) No person accused of any offence shall be compelled to be a witness against himself.

Article 20 contains three main provisions:

1. Protection against retrospective criminal laws: This clause ensures that no person can be convicted of an offense unless it was an offense under the law at the time it was committed. This prevents retrospective application of criminal laws, safeguarding individuals against arbitrary prosecution and punishment.
2. Protection against double jeopardy: This clause prohibits the prosecution and punishment of a person for the same offense more than once. It ensures that once a person has been acquitted or convicted of an offense, they cannot be tried again for the same offense, protecting individuals from harassment through repeated trials for the same alleged misconduct.
3. Protection against self-incrimination: This clause guarantees the right of an accused person not to be compelled to be a witness against themselves. It protects individuals from being forced to provide testimony or evidence that may incriminate them, thereby upholding the principle of innocence until proven guilty and ensuring fair treatment in criminal proceedings. This doctrine could not be invoked for cases other than criminal cases. 

Article 21: The protection of life and personal liberty

No person shall be deprived of his life or personal liberty except according to procedure established by law. (The procedure established by law must be fair, just, and reasonable, and it cannot be arbitrary, oppressive, or unreasonable) – Maneka Gandhi v. Union of India (1978)

Article 21A : The right to free and compulsory Education

Article 21A of the Indian Constitution was inserted by the 86th Constitutional Amendment Act, 2002. It guarantees the right to free and compulsory education to all children in the age group of 6 to 14 years as a fundamental right. Here’s the text of Article 21A:

“Right to Education—The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.” The implementation of Article 21A led to the enactment of the Right of Children to Free and Compulsory Education (RTE) Act, 2009, which lays down the framework for providing free and compulsory education to all children in the specified age group. This includes provisions for admission, infrastructure, teacher-student ratio, and quality of education, among others.

Article 22: Protection against arrest and detention in certain cases

• (1) No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
• (2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
• (3) Nothing in clauses (1) and (2) shall apply—
  • (a) to any person who for the time being is an enemy alien; or
  • (b) to any person who is arrested or detained under any law providing for preventive detention.
• (4) No law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless—
  • (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention;Provided that nothing in this sub-clause shall authorize the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or
  • (b) such person is detained in accordance with the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).
• (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
• (6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.
• (7) Parliament may by law prescribe—
  • (a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4);
  • (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and
  • (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).
• (8) Any law made under clause (7) shall provide for the procedure for the setting up of Advisory Boards for the purposes of the said clause, the manner in which persons may be chosen for appointment on such Boards, the tenure of office of, and the conditions of service of persons appointed on such Boards, and the reports of the Board.

Right Against Exploitation (Articles 23–24)

Article 23: Prohibition of traffic in human beings and forced labour

(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

(2) Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Article 23 contains two main provisions:

1. Prohibition of trafficking in human beings and forced labor: This clause explicitly prohibits trafficking in human beings and any form of forced labor such as begar (forced labor) or other similar practices. It declares such practices illegal and punishable by law. The aim is to protect individuals from exploitation and ensure their dignity and freedom.
2. Exception for compulsory service for public purposes: While prohibiting forced labor, Article 23 also allows the state to impose compulsory service for public purposes. However, it specifies that such service should not discriminate on the basis of religion, race, caste, or class. This provision ensures that any compulsory service enforced by the state is fair and equitable, without exploiting or discriminating against any particular group of people.

Article 24: Prohibition of employment of children in factories

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Right to Freedom of Religion (Articles 25–28)

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

• (1) Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
• (2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—
  • (a) regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice;
  • (b) providing for social welfare and reform or the throwing open of Hindu religious institutions of a public character to all classes and sections of Hindus.
  • The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.
  • In sub-clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

Article 25 distinguishes between religious practices and secular activities associated with religious institutions. The state has the authority to regulate or restrict secular activities that may be associated with religious practices, such as social reforms, economic activities, and other activities unrelated to the core aspects of religion.

Article 26: Freedom to manage religious affairs

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

(a) to establish and maintain institutions for religious and charitable purposes;

(b) to manage its own affairs in matters of religion;

(c) to own and acquire movable and immovable property; and

(d) to administer such property in accordance with law.

Article 27: Freedom as to payment of taxes for promotion of any particular religion

No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination

This article emphasizes the principle of religious neutrality in the fiscal policies of the Indian government. It guarantees that taxpayers, regardless of their religious beliefs, will not be forced to contribute to the support of any specific religion or religious denomination. This provision is crucial for maintaining religious harmony and ensuring the equal treatment of all religions under the law.

Article 28: Freedom as to attendance at religious instruction or religious worship in certain educational institutions

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

(2) Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

(3) No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Cultural and Educational Rights (Articles 29–30)

Article 29: Protection of langauge, script and culture of minorities

(1) Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

(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.

Note: In the grounds of descrimination in Article 29(2) ,sex is not present.

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

(1) All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.

(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.

(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Article 31: The right to property (repealed)

Article 31 of the Indian Constitution originally dealt with the right to property. However, it was repealed by the 44th Amendment Act, 1978. The 44th Amendment Act abolished the right to property as a fundamental right and reclassified it as a legal right under Article 300-A. Therefore, Article 31 no longer exists in its original form in the Indian Constitution.

Article 31A: Saving of Laws providing for acquisition of estates, etc.

This article 31A is inserted in constitution through 1st Constitution Amendment Act,1951

• (1) Notwithstanding anything contained in article 13, no law providing for- 
  • (a) the acquisition by the State of any estate or of any rights therein or the extinguishments or modification of any such rights, or
  • (b) the taking over of the management of any property by the Stale for a limited period either in the public interest or in order to secure the proper management of the property, or
  • (c) the amalgamation of two or more corporations either in the public interest or in order to secure the proper management of any of the corporations, or
  • (d) the extinguishment or modification of any rights of managing agents, secretaries and treasurers, managing directors, directors or managers of corporations, or of any voting rights of shareholders thereof, or
  • (e) the extinguishment or modification of any rights accruing by virtue of any agreement, lease or licence for the purpose of searching for, or winning, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease or licence,
  • shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19;
  • Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent;
  • Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his personal cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.
• (2) In this article,-
  • (a) the expression “estate”, shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include-
    • (i) any jagir, inam or muafi or other similar grant and in the States of Tamil Nadu and Kerala, any janmam right;
    • (ii) any land held under ryotwari settlement;
    • (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural labourers and village artisans;
  • (b) the expression “rights”, in relation to an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue.

Article 31B: Validation of certain Acts and Regulations

After Article 31-A of the Constitution, the following article 31-B shall be inserted through Constitution (First Amendment) Act, 1951.

In the case of I R Coelho v. State of Tamil Nadu (2007): It was held that all laws (including those in the Ninth Schedule) would be open to Judicial Review if they violated the basic structure of the constitution. The laws placed under Ninth Schedule after April 24, 1973 shall be open to challenge in court if they violated fundamental rights guaranteed under Article 14, 19, 20 and 21 of the Constitution. It was further held that if the constitutional validity of any law under the ninth schedule has been upheld before, in future it cannot be challenged again.

Article 31C: Saving of Laws giving effect to certain Directive Principles

Notwithstanding anything contained in article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV(Directive Priciples) shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19 and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy;

Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.

Right to Constitutional Remedies (Article 32)

Article 32: Remedies for enforcement of rights

Article 32 is often referred to as the “heart and soul” of the Indian Constitution because it ensures that citizens have an effective remedy to seek enforcement of their fundamental rights. It empowers the Supreme Court to issue writs, orders, or directions for the enforcement of fundamental rights, thereby serving as a bulwark against any infringement of these rights by the State or other entities.

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

The “prerogative writs” mentioned in Article 32 include:

Article 33: Power of Parliament to modify the rights in their application to forces, etc.

Power of Parliament to modify the rights conferred by this Part in their application to forces, etc.—Parliament may, by law, determine to what extent any of the rights conferred by this Part 3 shall, in their application to,—

(a) the members of the Armed Forces; or

(b) the members of the Forces charged with the maintenance of public order; or

(c) persons employed in any bureau or other organization established by the State for purposes of intelligence or counter-intelligence; or

(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organization referred to in clauses (a) to (c) to be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

Article 34: Restriction on rights conferred by this Part while martial law is in force in any area

Notwithstanding anything in the foregoing provisions of this Part 3, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

Article 34 allows Parliament to restrict or suspend the fundamental rights guaranteed by Part III of the Constitution (which contains fundamental rights) during the imposition of martial law in any area within the territory of India.

Article 35: Legislation to give effect to the provisions of this Part 3 of the Constitution

Notwithstanding anything in this Constitution,—

• (a) Parliament shall have, and the Legislature of a State shall not have, power to make laws—
  • (i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and
  • (ii) for prescribing punishment for those acts which are declared to be offences under this Part;
• and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);
• (b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.

Note: In this article, the expression “law in force” has the same meaning as in article 372.

Summary:

Fundamental Rights	Article	Consists of
Right to Equality	Article 14	Equality before law and equal protection of law
	Article 15	Prohibition of descrimination on the grounds of race, religion, caste, sex or place of birth
	Article 16	Equality of Opportunity in matters of Public Employment
	Article 17	Abolition of Untouchability and prohibition of its practice
	Article 18	Abolition of Titles except military and academic
Right to Freedom	Article 19	Protection of 6 rights to Freedom of Speech and Expression, Assembly, Association, Movement,Residence,Profession
	Article 20	Protection in respect of conviction for Offences
	Article 21	Protection of life and personal liberty
	Article 21A	Right to elementary education
	Article 22	Protection against arrest and detention in certain cases
Right against Exploitation	Article 23	Prohibition of traffic in human beings and forced labour
	Article 24	Prohibition of employment of children in factories,etc
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 payment of taxes for promotion of any particular religion
	Article 28	Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Cultural and Educational Rights	Article 29	Protection of langauge, script and culture of minorities
	Article 30	Right of minorities to establish and administer educational institutions
(Repealed by 44th Constitutional Amendment Act,1978)	Article 31	The right to property (repealed)
	Article 31A	Saving of laws providing for acquisition of estates, etc.
	Article 31B	Validation of certain acts and regulations
	Article 31C	Saving of laws giving effect to certain directive principles
(Repealed)	Article 31D	Saving of laws in respect of anti-national activities (repealed)
Right to Constitutional Remedies	Article 32	Right to move the Supreme Court for the enforcement of fundamental rights including the writs of Habeas corpus, mandamus, Prohibition, Certiorari, Quo-war-rento
(Repealed)	Article 32A	Constitutional Validity of State laws not to be considered in proceedings under Article 32 (repealed)
	Article 33	Power of Parliament to modify the rights conferred by part 3 of constitution in their application to Forces,etc
	Article 34	Restriction on rights conferred by part 3 of constitution whil martial law is in force in any area
	Article 35	Legislation to give effect to part 3 of the constitution

Fundamental Rights Available for Citizens of India and Non Citizens of India:

Fundamental Rights Available to Citizens as well Foreigners (except enemy aliens)	Fundamental Rights Available to Citizens Only
Equality before law and equal protection of law (Article 14)	Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article15)
Protection in respect of conviction for offences (Article 20)	Equality of opportunity in matters of public employment (Article 16)
Protection of personal life and liberty (Article 21)	Protection of the six fundamental rights of freedom mentioned in article 19.
Right to elementary education (Article 21A)	Protection of language, script and culture of minorities (Article 29)
Protection against arrest and detention in certain cases (Article 22)	Right of minorities to establish and administer educational institutions (Article 30)
Prohibition of human trafficking and forced labour (Article 23)
Prohibition of employment of children in factories (Article 24)
Freedom of conscience and free profession, practice and propagation of religion (Article 25)
Freedom to manage religious affairs (Article 26)
Freedom from payment of taxes for promotion of any religion (Article 27 )
Freedom from attending religious instruction or worship in certain educational institutions (Article 28)