UPSC

1. INDIAN POLITY AND GOVERNANCE
Lecture 6
By Vishnu Agarwal
Fundamental Rights
(Part III)

2. •Fundamental Rights (Part III) are called as the ‘Magna Carta’ of
India.
•Fundamental Rights promote ideals of ‘political democracy’ as
they protect the liberties and freedom of people.
•They constitute the bedrock of democracy as they check the
absoluteness of the authority or totalitarianism by the
government.
•They are also essential for the all-round development of an
individual.
•Fundamental Rights are Justiciable. They are defended and
guaranteed by the Supreme Court. Thus, an aggrieved person
can directly go to the Supreme Court.

3. Article 12: Definition
“The State” includes the Government and Parliament of India and
Government and the Legislature of each states and all local and other
authorities within the territory of India or under the control of the
Government of India.
• Thus, State has been defined in very wide sense to also include bodies
like PSUs, RBI, SEBI etc.
• According to Supreme Court, even a private body or an agency
working as an instrument of the state falls within the meaning of the
‘state’ u/a 12.
• Fundamental Rights provide protection to people against actions of
‘State’. Thus, the Fundamental Rights are protected against the actions
of all these authorities.

4. Article 13 – Laws inconsistent with or in
derogation of the Fundamental Rights
1) If any law, which is enacted immediately before the
commencement of this Constitution, is inconsistent with the
provisions of this Part (Part III), shall, to the extent of such
inconsistency, be void.
2) The state shall not make any law which takes away/abridges
the Fundamental Rights and any law made in contravention
of this clause shall, to the extent of contravention, be void.
• This Article inderectly provides for the doctrine of ‘Judicial
Review’ as Supreme Court (u/a 32) and High Court (u/a
226) will have power to declare a law as void if it takes
away Fundamental Rights.

5. 3) “Law” includes any Ordinance, order, bye-law, rule,
regulation, notification, custom or usage having in the
territory of India the force of law.
• Thus, the definition of law has been kept very wide.
• It not only includes law made by legislature but it also
includes Presidential Ordinances, delegated legislation
etc.
4) Article 13 shall not apply to Constitutional amendment u/a
368.
• However, in Kesavananda Bharti Case (1973), Supreme
Court held that if a Constitutional amendment takes
away any Fundamental Rights which is part of ‘basic
structure’, then it can be challenged in can be
challenged in Court.

6. Fundamental Rights at a Glance
Right to equality
•Article 14 – Equality before law.
•Article 15 – Prohibition of discrimination on grounds of
religion, race, caste, sex or place of birth.
•Article 16 - Equality of opportunity in matters of public
employment.
•Article 17 – Abolition of untouchability.
•Article 18 – Abolition of titles.

7. Right to Freedom
• Article 19 – Protection of certain rights regarding freedom of speech,
etc.
• Article 20 – Protection in respect of conviction of offences.
• Article 21 – Protection of life and personal liberty.
• Article 21A – Right to education.
• Article 22 – Protection against arrest and detention in certain cases.
Rights against Exploitation
• Article 23 – Prohibition of traffic in human beings and forced labour.
• Article 24 – Prohibition of employment of children in factories, etc.

8. 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 as to 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.

9. Cultural and educational Rights
•Article 29 – Protection of interests of minorities.
•Article 30 – Right of minorities to establish and administer
educational institutions.
•Article 31 – Right to property (now repealed)
Right to Constitutional Remedies
•Article 32 – Remedies for enforcement of rights conferred by
this Part.

10. Article 14: Equality before law
The state shall not deny to any ‘person’ equality before
the law or the equal protection of the laws within the
‘territory of India’.
•‘Person’ has been used instead of ‘citizens’, thus, foreigners
also have this fundamental right. ‘Person’ also includes legal
person like companies etc.
•‘Equality before Law’ means law is supreme and everyone is
equal before law. There is no special privilege to anyone.
•‘Equal protection of law’ means equal treatment under
equal circumstances i.e. equals and unequals should be
treated differently.

11. A. V. Dicey on Rule of Law
•He gave 3 elements of Rule of Law:
•Absence of Arbitrary power: No man can be punished
except for a breach of law. (Article 20)
•Equality before law: All persons are equal before a
law. (Article 14)
•The primacy of the rights of the individual: The
Constitution is the result and not source of rights.
•India have adopted only first 2 elements of Dicey’s
concept.

12. •Equality before law is not absolute in India as there are
some exceptions to it.
•Article 361: Some immunities have been granted to
President and Governors:
•They are not answerable to any court for the
exercise and performance of the powers and duties
of his office.
•No criminal proceedings.
•No arrest or imprisonment.
•No civil proceedings (in his personal capacity) until
the expiration of 2 months next after notice has
been delivered to him.

13. • Article 361-A: If a substantially true report of any
proceedings of Parliament or state legislature is
published in a newspaper/radio/tv – then, there shall
not be any civil/criminal proceedings in a court against
any person.
• Article 105 and 194: Powers, privileges etc of the MPs
and MLAs.
• Article 31-C: It empowers Parliament to make a law to
give effect to DPSPs u/a 39 (b) and 39 (c), even if that
law is in contravention to Article 14 and 19.
• Immunities to foreign ambassadors and diplomats.
• Immunities to international organisations and their
members.

14. Article 15 – Prohibition of discrimination on grounds
of religion, race, caste, sex or place of birth
•The State shall not discriminate against any citizen on
grounds only of religion, race, caste, sex, place of birth or
any of them.
•Use of word ‘only’ means discrimination on other
grounds is allowed like ‘place of residence’.
•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:

15. a) Access to shops, public restaurants, hotels and
places of public entertainment; or
b) The use of wells, tanks, bathing ghats, roads and
places of public resort maintained wholly or partly
out of the state funds or dedicated to the use of
general public.
•In this provision, the term ‘state’ has not been used. It
means it prohibits discrimination by private individuals
also.

16. •However, this article provides for 4 exceptions:
•State can make special provision for women and children.
•State can make special provision for the advancement of any
socially and educationally backward classes of citizens or
for the SC and ST.
•State can make special provision, by law, for the
advancement of any socially and educationally backward
classes of citizens or for the SC or ST with respect to their
admission to educational institutions including private
educational institutions, whether aided or unaided by the
state, other than minority educational institutions.
•For Economically Weaker Sections (added by 103rd CAA).

17. Article 16 - Equality of opportunity in matters of public
employment
• There shall be equality of opportunity for all citizens in matters
relating to employment or appointment to any office under the
State.
• 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.
• Exception 1: However, Parliament can make law to provide for
residence within a state/UT as a condition prior to any employment
or appointment.
• Only Parliament can make such a law. It cannot be made by state
legislature.
• Such provisions are made for Andhra Pradesh and Telangana u/a
371D.

18. •Exception 2: State can also make 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.
•in matters of promotion, with consequential seniority, to
any post in the services under the State in favour of SC and
ST which, in the opinion of the State, are not adequately
represented in the services under the State.
•State can also consider any unfilled reserved vacancies of a
year (backlog) as a separate class of vacancies to be filled up
in any succeeding year or years. Such vacancies shall not be
considered for determining the ceiling of fifty per cent.

19. • The provisions related to reservation in promotion (77th CAA) and
not considering backlog as part of 50% ceiling (81st CAA) were
inserted in Constitution to nullify the ruling of Supreme Court in
Mandal case/Indira Sawney case (1992).
• However, SC with subsequent order have rejected reservation in
promotion. For example, in M Nagraj case (2006), SC put down
certain conditions to grant reservation in promotion. Recently, in
Jarnail Singh case (Sep 2018), SC indirectly rejected reservation in
promotion on grounds of creamy layer.
• Exception 3: However, a law can also provide that the manager, officer
etc. of any religious or denominational institution, shall be a person
professing a particular religion or belonging to a particular
denomination.
• Exception 4: Economically Weaker Sections (added by 103rd CAA).

20. •Indira Sawhney/Mandal case: SC ruled that:
•Creamy Layer in OBCs should be excluded from
reservation.
•No reservation in promotion.
•50% ceiling.
•Carry forward rule in case of backlog is valid, but total
reservation cannot exceed 50%.
•A permanent statutory body should be established to
examine complaints of over-inclusion and under-
inclusion in the list of OBCs.

21. Economically Weaker Sections
• Article 15(6):
• It allows state to make special provisions for the advancement of EWS
category.
• Moreover, for such advancement, special provisions can be made for their
admission into educational institution including private educational
institutions, whether aided or unaided by state. However, such provision
cannot be made for minority educational institutions.
• Such reservation would be in addition to the existing reservations (50%
ceiling) and subject to a maximum of 10% of the total seats.
• Article 16(6):
• It allows state to make provision for the reservation of appointments or posts
in favour of any economically weaker sections in addition to the existing
reservation and subject to a maximum of ten per cent. of the posts in each
category.

22. •“EWS" 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.
•Criteria for EWS Category:
•A General Candidate other than other reserved classes.
•Annual household income below Rs 8 lakh.
•Agriculture land below 5 acres.
•Residential house below 1000 sqft.
•Residential plot below 100 yards in notified municipality.
•Residential plot below 200 yards in non-notified municipality
area.

23. Article 17 – Abolition of untouchability
•“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.
•This fundamental right is available not only against state
but also against private individuals.
•According to this provision, an act was enacted –
Protection of civil rights act, 1955. To strengthen this act,
later another act i.e. Scheduled Castes and Tribes
(Prevention of atrocities) Act was also passed.

24. • Untouchability has not been defined in Constitution.
However, PCRA provided some acts as part of
untouchability like preventing from entering in place of
public worship, hotel, shop, hospital or any public place;
refusing to sell goods or render service; justifying or
encouraging untouchability; insulting any person on
grounds of untouchability; etc.
• Mysore high court held that Untouchability is the practice
as it had developed historically in the country. It refers to
the social disabilities imposed on certain classes of persons
by reason of their birth in certain castes.
Hence, it does not cover social boycott of a few
individuals or their exclusion from religious services etc.

25. Article 18 – Abolition of titles
•No title, except a military or academic distinction, shall
be conferred by the State.
•It means all the titles like Maharaja, Dewan etc. are
prohibited. This provision specifically targets
hereditary titles of nobility.
•SC held the constitutional validity of national awards
like Bharat Ratna, Padma awards etc. However, they
should not be used as suffixes or prefixes to the names
of awardees.
•No citizen of India shall accept any title from any foreign
State.

26. •A foreigner while he holds any office of profit or trust
under the State cannot accept any title from any foreign
State without the consent of the President.
•A person holding any office of profit or trust under the
State shall not accept any present, emolument, or office
from or under any foreign State without the consent of
the President.
•Difference in above 2 provisions:
• First provision is related only to Foreigners whereas
second is related to citizens as well as foreigners.
• First provision is related to titles only, whereas 2nd is
related to any present, emolument or office.

27. Article 19 – Protection of certain rights
regarding freedom of speech, etc.
• This article provides for 6 rights and reasonable restrictions to prevent
their misuse.
Rights of Citizens Reasonable Restrictions
Right to freedom of
speech and expression.
• Sovereignty and integrity of India,
• the security of the State,
• friendly relations with foreign States,
• public order,
• decency or morality,
• in relation to contempt of court, or
• defamation or incitement to an offence.

28. Rights of Citizens Reasonable Restrictions
Right to assemble peaceably and
without arms. (This right does
not include right to strike.)
• Sovereignty and integrity of India or
• public order.
Right to form associations or
unions or co-operative societies.
(like company, political parties,
partnership firms etc.)
• Sovereignty and integrity of India
• public order or
• morality.
Right to move freely throughout
the ‘territory of India’.
(Remember Article 1, thus
protection only within India not
outside.)
• Either in the interests of the general public
or for the protection of the interests of any
Scheduled Tribes.
• SC held that movement of prostitutes can be
restricted on the grounds of public health
and in the interest of public morals.

29. Rights of Citizens Reasonable Restrictions
Right to reside and settle in
any part of the territory of
India.
Either in the interests of the general public or
for the protection of the interests of any
Scheduled Tribe.
Right to practise any
profession, or to carry on
any occupation, trade or
business.
In the interests of the general public. Further,
state is empowered to prescribe:
(i) Professional/technical qualifications
necessary for practising any profession or
carrying on any occupation, trade or
business, or
(ii)Carry on by itself any trade, business,
industry or service, whether to the
exclusion, complete or partial, of citizens or
otherwise.

30. Article 20 – Protection in respect of conviction
of offences
• No ex-post-facto law: No ‘person’ shall be:
a. 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,
b. 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.
• It prohibits only conviction and not trial.
• This limitation is imposed only on criminal laws and not on civil
laws or tax laws. Thus, a civil liability or tax can be imposed
retrospectively.
• Protection under this provision can not be claimed in case of
preventive detention.

31. •No Double Jeopardy: No ‘person’ shall be prosecuted and
punished for the same offence more than once.
•It is available only in proceedings before a court of law or
tribunal. It is not available in case of non-judicial bodies (like
departmental or administrative authorities).
•No Self-incrimination: No ‘person’ accused of any offence shall
be compelled to be a witness against himself.
•However, protection against self incrimination does not extend
to:
•Compulsory production of material objects;
•Compulsion to give thumb impression, specimen signature,
blood specimens, and
•Compulsory exhibition of the body.
•Civil proceedings.

32. Article 21 – Protection of life and personal liberty
“No person shall be deprived of his life or personal liberty
except according to procedure established by law.”
•Supreme Court ruled that ‘right to life’ also includes right to
live with human dignity and all those aspects of life which go
to make a human’s life meaningful, complete and worth
living.
•Similarly, SC held that expression ‘Personal Liberty’ is of
widest amplitude and covers a variety of rights.
•“Procedure established by law” versus “due process of law”:
•In first connotation, only procedure in formulating and
implementing a law is questioned.
•The constitutionality, reasonableness, fairness and just
nature of law is questioned only in later.

33. •In Gopalan case (1950), SC interpreted strictly within the
expression of ‘procedure established by law’. This means
that state, by law (if enacted by fair procedure), can deprive
the Fundamental Rights under Article 21.
•But in Menaka Gandhi case (1980), SC took wider
interpretation of ‘due process of law’. Thus, rights u/a 21 are
available against arbitrary actions of both legislature and
executive.
•Various rulings led to widest interpretation of this article and
following rights were also made part of ‘right to life’:
• Right to decent environment including pollution free water and air.
• Right to livelihood.
• Right to travel abroad.

34. • Right to privacy.
• Right to shelter.
• Right to health.
• Right to free education upto 14 years of age.
• Right to free legal aid.
• Right against handcuffing.
• Right to speedy trial.
• Right against solitary confinement.
• Right against inhuman treatment.
• Right against delayed execution.
• Right against bonded labour.
• Right against custodial harassment.
• Right against public hanging.

35. • Right to emergency medical aid.
• Right not to be driven out of a state.
• Right to fair trial.
• Right of prisoner to have necessities of life.
• Right to hearing.
• Right to information.
• Right to reputation.
• Right of appeal from a judgement of conviction.
• Right to appropriate life insurance policy.
• Right to sleep.
• Right to freedom from noise pollution.
• Right to electricity.
• Right of women to be treated with decency and dignity.

36. 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.”
•This Fundamental Right is added by 86th CAA. Earlier, it
was part of DPSPs, but now by making it a part of FRs, it
has become enforceable by the courts.
•86th CAA also amended DPSP and Fundamental Duties.
•In pursuance this article, parliament has enacted “Right
to Education Act, 2009”.

37. Article 22 – Protection against arrest and
detention in certain cases
In case of Normal punitive detention:
• When a person is arrested, then, before his detention in custody:
• He must be informed of the grounds for such arrest;
• He has right to consult, and to be defended by, a legal practitioner of
his choice.
• After detention – He must be produced before the nearest
magistrate within a period of 24 hours of such arrest. Detention
beyond 24 hours can be done only with the authority of magistrate.
• However, the time necessary for the journey from the place of arrest to
the court of the magistrate shall not be included in 24 hours.

38. •However, above protections are not available to any person —
(a) who is an enemy alien; or
(b) who is arrested or detained under preventive detention.
In case of preventive detention (detention without trial and
conviction by a court):
•Preventive detention of a person cannot exceed 3 months
unless —
(a) an Advisory Board, consisting of qualified Judges of a High
Court, has reported before the expiration of 3 months that
there is in its opinion sufficient cause for such detention.
(b) such person is detained as per any law made by
Parliament.

39. • If a person is preventively detained, then:
• the grounds of detention must be communicated to him and
• earliest opportunity of making a representation shall also be given
to him.
• However, grounds of detention need not to be disclosed if authority
making any such order considers that to be against the public interest.
• Parliament may by law prescribe—
(a) circumstances or cases in which, a person may be detained for a
period longer than three months without obtaining the opinion of
an Advisory Board;
(b) maximum period for which any person may be detained under
preventive detention; and
(c) the procedure to be followed by an Advisory Board in an inquiry.

40. Article 23 – Prohibition of traffic in human beings
and forced labour
•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.
•Offences also includes Devdasis; slavery; immoral traffic in
women and children; selling of women and children as
goods; etc.
•This right is available to citizens as well as foreigners.
•This right is available against private individuals also.

41. •To implement this fundamental right, state has enacted various
laws like
•‘Immoral Traffic (Prevention) Act, 1956;
•Bonded Labour System (abolition) Act, 1976;
•Minimum Wages Act;
•Contract Labour Act; etc.
•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.
•Discrimination can be made on grounds of ‘gender’ or ‘age’.

42. Article 24 – Prohibition of employment of
children in factories, etc.
“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.”
• But this article does not prohibit their employment in any harmless or
innocent work. Similarly, children above age of 14 years can be
employed in hazardous industries.
• However, Child Labour (prohibition and regulation) amendment act,
2016 prohibited the employment of children below 14 years in all
occupations and processes. It is in sync with Right to Education.
• This new also prohibited employment of children in the age group of
14-18 years in hazardous occupations and processes.

43. Article 25 – Freedom of conscience and free
profession, practice and propagation of religion
• All persons are equally entitled to freedom of conscience and the right
to freely profess, practice and propagate religion subject to public
order, morality and health.
• Freedom of conscience: Inner freedom of an individual to mould his
relation with God.
• Right to Profess: Declaration of one’s religious beliefs and faith
openly and freely. The wearing and carrying of kirpans shall be
deemed to be included in the profession of the Sikh religion.
• Right to practice: Performance of religious worship, rituals,
ceremonies and exhibition of beliefs and ideas.
• Right to propagate: Transmission and dissemination to others. But, it
does not include right to convert another person’s religion.

44. •State has authority to make a 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.
•Hindus shall be construed as including a reference to
persons professing the Sikh, Jaina or Buddhist religion.

45. 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 25 is individual centric whereas Article 26 is group
centric.

46. 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 used for the promotion or maintenance
of any particular religion or religious denomination.
•It means that state should not spend the tax money for the
promotion or maintenance of any particular religion.
•Thus, state cannot patronise a particular religion. However,
state can promote all religions equally.
•However, state can collect any ‘fee’ as this article prohibits
only taxation. This is because the purpose of a fee is to
control administration of religious institution in secular
manner.

47. Article 28 – Freedom as to attendance at religious instruction
or religious worship in certain educational institutions
•No religious instruction shall be provided in any educational
institution wholly maintained out of State funds.
•However, above provision shall not 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.
•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 without his consent. If
such person is a minor, consent of his guardian is required.

48. THANK YOU

49. Article 29 – Protection of interests of
minorities
•“Any section of the citizens” having a distinct language,
script or culture of its own shall have the right to
conserve the same.
•SC held that “any section of citizens” does not include only
minorities.
•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.
•These rights are available to Indian Citizens only.
•First is group centric whereas second is individual centric.

50. Article 30 – Right of minorities to establish and administer
educational institutions
• All minorities, whether based on religion or language, shall have the right
to establish and administer educational institutions of their choice.
• However, SC in Secretary of Malankara Syrian Catholic College case
(2007), gave following decisions:
i. The right to establish and administer educational institutions include
selection of governing body, personnel administration, student
admission and fees policies, use of properties of institution etc.
ii. The right u/a 30 is to ensure equality with the majority and not
intended to place the minorities in a more advantageous position as
compared to majority.
iii. The general laws relating to national interest, national security,
public morality, health taxation etc. are equally applicable to
minority institutions.

51. iv. Right to administer does not include right to mal-administer.
Governmental regulations can be made for maintaining
standards and academic excellence.
v. If state provides aid to minority educational institutions, then
state can impose condition for proper utilization of that aid. But,
such an aid shall not dilute or abridge the rights of minority
educational institutions.
• In compulsory acquisition of any property of such educational
institution, the State shall ensure that the compensation fixed for such
acquisition is not going to restrict or abrogate the right guaranteed to
them.
• Thus, right to property is guaranteed for educational institutions
established by minorities.
• In granting aid, state shall not discriminate against any educational
institution on the ground that it is under the management of a
minority.

52. Article 31 – Right to property (now
repealed)
• Earlier, Article 31 and 19(f) provided for right to property. They
provided that no person shall be deprived of his property except by
authority of law.
• After a long drawn tussle between Parliament and Judiciary, these
articles were repealed by 44th CAA in 1978. A new article 300A was
inserted.
• Article 300A: No person shall be deprived of his property save by
authority of law.
• Thus, Right to Property is still a constitutional right, but it is no more a
fundamental right. Thus, it is not enforceable directly by supreme
court. Moreover, there is no guaranteed right to compensation.

53. Article 32 – Remedies for enforcement of
rights conferred by this Part
•The right to move to Supreme Court, for the enforcement of
the fundamental rights, is guaranteed.
•This article makes fundamental rights real.
•A person can directly go to SC for protection of his
fundamental rights. Thus, this article makes SC as the
defender and guarantor of the fundamental rights.
•However, the jurisdiction of SC is not exclusive as a person
also has choice to move to High Court u/a 226.
•Dr. Ambedkar considered this article as a very soul and heart
of Constitution.

54. •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 for the
enforcement of fundamental rights.
• Thus, SC jurisdiction is not only original (a person can go directly to
SC) but also wide (SC can issue order, directions and writ).
•Without prejudice to the powers conferred on the Supreme
Court, Parliament may by law empower any other court to
exercise the powers exercisable by the Supreme Court to
protect fundamental rights.
•The right guaranteed by this article shall not be suspended
except as otherwise provided for by this Constitution.
•Like Article 359 provides that this article can be suspended
during National emergency.

55. Writs
•The writ jurisdictions of Supreme Court and High Court differ as
follows:
Supreme Court High Court
It can issue writs only for
enforcement of FRs.
It can issue writ for any other
purpose as well.
Jurisdiction includes whole
territory of India.
Jurisdiction includes territory
of state.
SC cannot refuse to exercise its
writ jurisdiction.
HC can refuse it.

56. Type Purpose Against whom?
Habeas
Corpus
To set free a detained person
illegally.
Public authorities as
well as private
individuals.
Mandamus A command issued by court
to a public official asking him
to perform his official duties
which he is failed to perform.
Any public body,
tribunal, corporation,
court or government.
Prohibition By a higher court to lower
court or tribunal to prevent
later from exceeding its
jurisdiction.
Judicial and quasi-
judicial bodies.

57. Type Purpose Against whom?
Certiorari By a higher court to lower court or
tribunal either to transfer a case
pending with the latter to itself or
to squash the order of the latter. It
is both preventive and curative.
Judicial and quasi-judicial
bodies; administrative
authorities.
Quo-Warranto To prevent illegal usurpation of
public office by a person.
Principle of Locus standi is not
applicabe i.e. this can be sought by
any interested person not
necessarily by the aggrieved
person.
Only in case of substantial
public office of a
permanent nature created
by statue or by
Constitution. It cannot be
issued in cases of
ministerial or private
office.

58. Exceptions to Fundamental Rights
•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.
•Article 33: Power of Parliament to modify the rights conferred
by this Part in their application to Forces, etc.
•Article 34: Restriction on rights conferred by this Part while
martial law is in force in any area.
•Suspension of FRs during National Emergency (discussed in
chapter “Emergency Provisions”).

59. Article 31A - Saving of laws providing for
acquisition of estates, etc.
• No law shall be deemed to be void on the ground that it is inconsistent
with article 14 or article 19, if it provides for —
(a) Acquisition of any estate or of any rights therein by the state, or
(b) Taking over of the management of any property by the State for a
limited period either in the public interest or in order to secure the
proper management of the property, or
(c) Amalgamation of two or more 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) Extinguishment or modification of any mining lease.

60.  If such law is made by the Legislature of a State, the
provisions of this article apply only if such law have
been reserved for the consideration of the President
and has received his assent.
 Where acquisition of any estate comprises such land,
which is under personal cultivation of a person and
land is within the statutory ceiling limit, then it State
shall provide for payment of compensation at a rate
which shall not be less than the market value.

61. Article 31B: Validation of certain Acts and Regulations
•It saves the acts and regulations included in the 9th
Schedule from being challenged and invalidated on the
ground of contravention of any of the FRs.
•However, in I. R. Coelho (2007) case, SC ruled that there
could not be any blanket immunity from judicial review
as it is part of basic structure.
•SC held that laws placed under 9th Schedule after April
24, 1973 are open to challenge in court if they violated
FRs guaranteed u/a 14, 15, 19 and 21 or the basic
structure of the Constitution.

62. Article 31C: Saving of laws giving effect to certain
directive principles
• If any law gives effect to all or any DPSPs, then it shall not be
deemed to be void on the ground that it is inconsistent with article
14 or article 19. Such a law cannot be questioned in court of law.
• 25th amendment act provided protection to only DPSPs u/a
39(b) and (c). But later 42nd CAA extended this protection to all
DPSPs.
• But SC in Minerva Mill case (1980) declared this extension of
provision as invalid and unconstitutional. Thus, immunity is
available to only socialistic DPSPs u/a 39(b) and (c).
• SC also held this provision as unconstitutional as it takes away
Judicial Review which is part of basic structure.

63. Article 33: Power of Parliament to modify the rights
conferred by this Part in their application to Forces, etc.
•Parliament may, by law, to ensure the proper discharge of
their duties and the maintenance of discipline among them,
restrict or abrogate any fundamental rights for following forces:
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance
of public order (police and para-military forces); or
(c) Bureaucracy or intelligence or counter intelligence
organisations; or
(d) person employed in telecommunication systems which is
set up to serve above mentioned forces.

64. Article 34: Restriction on rights conferred by this
Part while martial law is in force in any area
•Parliament may by law indemnify any public servant or
any other person in respect of any act done by him in
connection with the maintenance or restoration of order
in any area where martial law was in force.
•Parliament can also validate any sentence passed,
punishment inflicted, forfeiture ordered or other act
done under martial law in such area.
•Martial law is not defined in Constitution, but it means
rule by military and not by civil authorities.

65. Article 35: Legislation to give effect to the provisions of
this Part
• Only Parliament shall have, and the Legislature of a State shall not
have, power to make laws with respect to following matters:
• Prescribing residence as a condition for employment in article
16(3).
• Empowering a court other than SC to protect FRs of citizens u/a
32(3).
• Article 33 i.e. restriction of FRs for armed forces and various other
forces.
• Article 34 i.e. indemnifying any government servant or any other
person for any act done during the operation of martial law.
• Providing punishment u/a 17 (untouchability) and 23 (traffic in
human beings and forced labour).
• Thus, Parliament can make law on above subjects even if they fall in
“state list”.

66. Rights outside Part III
•Article 265: No tax shall be levied or collected except by
authority of law.
•Article 300A: Right to property.
•Article 301: Trade, Commerce and intercourse
throughout the territory of India shall be free.
•Article 326: Right to vote.
•These rights are called “Constitutional Rights”. They
are different from fundamental rights.