Fundamental Rights

Introduction

Fundamental Rights (FRs) are the basic human freedoms guaranteed by the Constitution to every individual against arbitrary actions of the State. They aim to establish political democracy, preserve human dignity, protect individual liberty, and ensure constitutional governance.

Dr. B.R. Ambedkar described Article 32 (Right to Constitutional Remedies) as the "Heart and Soul of the Constitution."

Article 12 – Definition of State

Constitutional Provision

Article 12 defines the expression "State" for the purpose of enforcing Fundamental Rights under Part III.

According to Article 12, the term State includes:

• Government and Parliament of India.
• Government and Legislature of every State.
• Local Authorities.
• Other Authorities within the territory of India or under the control of the Government of India.

Components of "State" under Article 12

• Government of India – President, Prime Minister, Council of Ministers and Central Government departments.
• Parliament of India – Lok Sabha and Rajya Sabha.
• Government of States – Governor, Chief Minister, Council of Ministers and State Government departments.
• State Legislatures – Legislative Assembly (Vidhan Sabha) and Legislative Council (Vidhan Parishad), wherever applicable.
• Local Authorities – Municipal Corporations, Municipalities, Nagar Panchayats, Panchayats, District Boards, Port Trusts and other local self-government institutions.
• Other Authorities – Statutory bodies, Public Sector Undertakings (PSUs), Government companies, Universities and other bodies owned, controlled or substantially financed by the Government, performing public functions.

Article 13 – Laws Inconsistent with Fundamental Rights (Line-wise Notes)

Article 13(1) – Pre-Constitution Laws

• Declares that all laws in force before the commencement of the Constitution are void to the extent of their inconsistency with Fundamental Rights.
• Such laws are not repealed but become inoperative against Fundamental Rights (Doctrine of Eclipse).

Article 13(2) – Post-Constitution Laws

• Prohibits the State from making any law that takes away or abridges Fundamental Rights.
• Any such law is void to the extent of the contravention.

Article 13(3) – Meaning of "Law"

The term Law includes:

• Acts of Parliament and State Legislatures
• Ordinances
• Orders
• Rules
• Regulations
• Bye-laws
• Notifications
• Customs and Usages having the force of law

Article 13(4) – Constitutional Amendments

• Inserted by the 24th Constitutional Amendment Act, 1971.
• Provides that Constitutional Amendments under Article 368 are not considered "law" under Article 13.
• However, such amendments are still subject to the Basic Structure Doctrine.

Important Doctrines under Article 13

• Doctrine of Judicial Review – Courts can invalidate laws violating Fundamental Rights.
• Doctrine of Severability – Only the unconstitutional portion of a law becomes void; the remaining valid part survives.
• Doctrine of Eclipse – Pre-Constitution laws inconsistent with Fundamental Rights become dormant, not void altogether.
• Doctrine of Waiver – A citizen cannot waive or surrender Fundamental Rights.

Important Constitutional Amendment

• 24th Constitutional Amendment Act, 1971 – Inserted Article 13(4) and reaffirmed Parliament's power to amend Fundamental Rights.

Note- Shankari Prasad v. Union of India (1951) – Constitutional Amendment is not "law" under Article 13.

RIGHT TO EQUALITY (Articles 14–18)

The Right to Equality (Articles 14–18) is the cornerstone of the Fundamental Rights guaranteed under Part III of the Constitution. It ensures that every individual is treated equally before the law, prohibits discrimination, guarantees equality of opportunity in public employment, abolishes untouchability and titles, and promotes social justice through affirmative action. It establishes the Rule of Law and prevents arbitrary exercise of State power.

Article 14 – Equality Before Law and Equal Protection of Laws

Constitutional Provision: Article 14 provides that "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."

This right is available to all persons, including citizens, foreigners (except enemy aliens), statutory corporations, companies and registered societies.

Meaning

Equality Before Law

• A negative concept borrowed from the British Rule of Law (A.V. Dicey).
• It means no person is above the law and everyone is equally subject to the ordinary law of the land.

Equal Protection of Laws

• A positive concept borrowed from the 14th Amendment of the U.S. Constitution.
• It requires that persons in similar circumstances should be treated equally, while allowing reasonable classification.

Doctrine of Reasonable Classification

Article 14 prohibits class legislation, but permits reasonable classification.

A classification is valid only if:

• It is based on an Intelligible Differentia, and
• The differentia has a Rational Nexus with the object sought to be achieved.

Doctrine of non-arbitrariness

The Supreme Court has held that arbitrariness is the antithesis of equality. Any arbitrary State action violates Article 14.

Exceptions

• Article 361: President and Governors enjoy immunity from court proceedings for official acts during their tenure.
• Article 361A: Protection for publication of substantially true reports of Parliamentary and State Legislature proceedings.
• Articles 105 & 194: Parliamentary privileges protect MPs and MLAs for speeches and votes in the Legislature.
• Foreign sovereigns, ambassadors and diplomats enjoy diplomatic immunity under international law.

Landmark Cases

• Maneka Gandhi v. Union of India (1978): Articles 14, 19 and 21 form the "Golden Triangle" of Fundamental Rights.
• Shayara Bano v. Union of India (2017): Manifest arbitrariness is unconstitutional.

Article 15 – Prohibition of Discrimination

Constitutional Provision

Article 15 prohibits the State from discriminating against any citizen on the grounds only of:

• Religion
• Race
• Caste
• Sex
• Place of Birth

It applies only to citizens and aims to ensure equal access to public spaces and opportunities.

Important Provisions

• Article 15(1): Prohibits discrimination by the State.
• Article 15(2): Prohibits denial of access to shops, hotels, restaurants, wells, tanks, roads and other public places.
• Article 15(3): Special provisions for women and children.
• Article 15(4): Special provisions for Socially and Educationally Backward Classes (SEBCs), SCs and STs (added by the 1st Constitutional Amendment, 1951).
• Article 15(5): Reservation in educational institutions, including private unaided institutions (except minority institutions).
• Article 15(6): 10% reservation for Economically Weaker Sections (EWS) (added by the 103rd Constitutional Amendment, 2019).

Landmark Cases

• State of Madras v. Champakam Dorairajan (1951): Led to the First Constitutional Amendment.
• Ashoka Kumar Thakur v. Union of India (2008): Upheld OBC reservation in educational institutions.
• Janhit Abhiyan v. Union of India (2022): Upheld EWS reservation.

Article 16 – Equality of Opportunity in Public Employment

Constitutional Provision: Article 16 guarantees equal opportunity to all citizens in matters relating to employment or appointment to any office under the State.

Important Provisions

• Article 16(1): Equality of opportunity in public employment.
• Article 16(2): Prohibits discrimination on grounds of religion, race, caste, sex, descent, place of birth or residence.
• Article 16(3): Parliament may prescribe residence requirements for certain posts.
• Article 16(4): Reservation for backward classes not adequately represented in State services.
• Article 16(4A): Reservation in promotion for SCs and STs (77th Amendment, 1995).
• Article 16(4B): Carry-forward of backlog vacancies (81st Amendment, 2000).
• Article 16(6): Reservation for EWS (103rd Amendment, 2019).

Exceptions

• Religious institutions may require office holders to belong to a particular religion.
• Residence requirement may be prescribed by Parliament for specific posts.

Important Amendments

• 77th Amendment (1995) – Reservation in promotion.
• 81st Amendment (2000) – Backlog vacancies.
• 82nd Amendment (2000) – Relaxation in qualifying marks.
• 85th Amendment (2001) – Consequential seniority.
• 103rd Amendment (2019) – EWS reservation.

Landmark Cases

• Indra Sawhney v. Union of India (1992):

• Upheld 27% OBC reservation.
• Introduced the 50% ceiling rule (subject to exceptional circumstances).
• Excluded reservation in promotions (later modified through amendments).

• M. Nagaraj v. Union of India (2006): Conditions for reservation in promotion.
• Jarnail Singh v. Lachhmi Narain Gupta (2018): Modified M. Nagaraj.

Article 17 – Abolition of Untouchability

Constitutional Provision: Article 17 abolishes untouchability in all its forms and declares its practice a punishable offence.

The term "untouchability" refers only to its social practice based on the caste system and not to personal or religious restrictions.

Important Acts

• Protection of Civil Rights Act, 1955
• SC/ST (Prevention of Atrocities) Act, 1989

Offences Include

• Denying entry into temples and public places.
• Refusing access to shops, hotels, hospitals and educational institutions.
• Preventing use of public wells, roads and other public facilities.
• Justifying or preaching untouchability.
• Insulting a Scheduled Caste person on the basis of untouchability.

A person convicted under the Protection of Civil Rights Act is disqualified from contesting elections to Parliament or State Legislatures.

Landmark Case

• State of Karnataka v. Appa Balu Ingale (1995): Reaffirmed strict enforcement of Article 17.

Facts

• Available against both the State and private individuals.
• Absolute right with no exceptions.

Article 18 – Abolition of Titles

Constitutional Provision: Article 18 abolishes titles to promote equality and republican values.

Main Provisions

• The State shall not confer any title except military or academic distinctions.
• No citizen shall accept any title from a foreign State.
• A foreigner holding an office under the State cannot accept a foreign title without the President's consent.
• No person holding an office of profit or trust shall accept any present, emolument or office from a foreign State without the President's consent.

National Awards: Civilian awards such as Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri are not titles and are constitutionally valid, provided they are not used as prefixes or suffixes.

• Military and academic distinctions are permitted.
• National Awards are not prohibited titles.

Landmark Case

• Balaji Raghavan v. Union of India (1996): Upheld the constitutional validity of National Awards.

RIGHT TO FREEDOM (Articles 19–22)

The Right to Freedom (Articles 19–22) is the most comprehensive Fundamental Right in the Indian Constitution. It guarantees civil liberties and personal freedoms necessary for the development of an individual and the functioning of a democratic society.

Articles 19 to 22 collectively protect individual liberty, safeguard citizens against arbitrary State action, and ensure a balance between fundamental freedoms and the larger public interest.

Article 19 – Protection of Six Fundamental Freedoms

Constitutional Provision: Article 19 guarantees six fundamental freedoms to all citizens of India. These freedoms are essential for ensuring political democracy and individual liberty.

Six Fundamental Freedoms

1. Freedom of Speech and Expression [Article 19(1)(a)]

Every citizen has the right to express opinions through speech, writing, printing, electronic media, art, films or any other mode of communication.

Includes

• Freedom of Press (Judicially Recognised)
• Right to Information
• Commercial Speech
• Freedom of Silence
• Right to Criticise Government
• Artistic and Creative Expression

Reasonable Restrictions [Article 19(2)]

• Sovereignty and Integrity of India
• Security of the State
• Friendly Relations with Foreign States
• Public Order
• Decency or Morality
• Contempt of Court
• Defamation
• Incitement to an Offence

2. Freedom of Peaceful Assembly [Article 19(1)(b)]

Citizens have the right to assemble peacefully without arms.

Restrictions- Sovereignty and Integrity of India, Public Order.

This right does not include violent protests, riots or unlawful assemblies.

3. Freedom to Form Associations or Co-operative Societies [Article 19(1)(c)]

Citizens may form:

• Associations
• Trade Unions
• Political Parties
• Clubs
• Societies
• Co-operative Societies

Restrictions

• Sovereignty and Integrity of India
• Public Order
• Morality

97th Constitutional Amendment (2011) gave constitutional status to Co-operative Societies.

4. Freedom of Movement [Article 19(1)(d)]

Every citizen can move freely throughout the territory of India.

Restrictions

• Public Interest
• Protection of Scheduled Tribes

5. Freedom of Residence and Settlement [Article 19(1)(e)]

Citizens may reside and settle anywhere in India.

Restrictions- Protection of Scheduled Tribes Public Interest .

6. Freedom of Profession, Occupation, Trade or Business [Article 19(1)(g)]

Citizens may practise any profession or carry on any occupation, trade or business.

Restrictions

• Professional or technical qualifications
• State monopoly
• Public Interest
• Morality and Health

Activities such as trafficking, gambling or illegal drug trade are not protected.

Facts

• Article 19 is available only to citizens.
• Originally 7 freedoms; Right to Property was removed by the 44th Constitutional Amendment (1978).
• Freedom of Press is not separately mentioned but forms part of Article 19(1)(a).

Article 20 – Protection in Respect of Conviction for Offences

Constitutional Provision: Article 20 protects both citizens and foreigners against arbitrary criminal prosecution and punishment.

Three Constitutional Safeguards

Article 20(1) – No Ex-post Facto Law: No person can be convicted for an act which was not an offence when committed. A heavier punishment cannot be imposed retrospectively.

Article 20(2) – Double Jeopardy: No person shall be prosecuted and punished twice for the same offence.

Article 20(3) – Self-Incrimination: No accused person shall be compelled to be a witness against himself.

Note: Article 20 cannot be suspended even during a National Emergency.

Case studies

• Maqbool Hussain v. State of Bombay (1953) – Double Jeopardy.
• Nandini Satpathy v. P.L. Dani (1978) – Right against Self-Incrimination.
• Selvi v. State of Karnataka (2010) – Narco-analysis and Brain Mapping without consent violate Article 20(3).

Article 21 – Protection of Life and Personal Liberty

Constitutional Provision: "No person shall be deprived of his life or personal liberty except according to procedure established by law."

Available to citizens as well as foreigners.

Evolution of Article 21

Initially interpreted narrowly in A.K. Gopalan (1950).

Expanded significantly in Maneka Gandhi (1978), where the Supreme Court held that the procedure must be fair, just and reasonable.

Rights Derived from Article 21

The Supreme Court has interpreted Article 21 to include:

• Right to Live with Human Dignity
• Right to Privacy
• Right to Livelihood
• Right to Shelter
• Right to Clean Environment
• Right to Health
• Right to Legal Aid
• Right to Speedy Trial
• Right to Reputation
• Right to Die with Dignity (Passive Euthanasia)
• Right to Internet (limited context)
• Right to Sleep
• Right against Sexual Harassment

Important Cases

• A.K. Gopalan (1950) – Narrow interpretation.
• Maneka Gandhi (1978) – Expanded Article 21.
• Olga Tellis (1985) – Right to Livelihood.
• Unni Krishnan (1993) – Right to Education.
• Vishaka (1997) – Workplace Safety.
• Justice K.S. Puttaswamy (2017) – Right to Privacy.
• Common Cause (2018) – Passive Euthanasia.

Article 21A – Right to Education: Inserted by the 86th Constitutional Amendment Act, 2002.

The State shall provide free and compulsory education to all children between 6 and 14 years.

Act: Right of Children to Free and Compulsory Education Act, 2009 (RTE Act)

Case study: Society for Unaided Private Schools v. Union of India (2012) – Upheld constitutional validity of the RTE Act (with limited exceptions for minority institutions).

Article 22 – Protection against Arrest and Detention: Article 22 protects individuals against arbitrary arrest and detention. It applies to both citizens and foreigners, except enemy aliens.

Rights of Arrested Persons

Every arrested person has the right:

• To be informed of the grounds of arrest.
• To consult and be defended by a legal practitioner.
• To be produced before a Magistrate within 24 hours.
• Not to be detained beyond 24 hours without judicial authority.

Preventive Detention: Preventive detention means detention to prevent a person from committing a future offence, not for punishing a past offence.

Constitutional Safeguards

• Detention beyond 3 months requires the opinion of an Advisory Board.
• Grounds of detention must be communicated.
• Opportunity to make a representation against detention.

Important Preventive Detention Laws

• National Security Act (NSA), 1980
• Conservation of Foreign Exchange and Prevention of Smuggling Activities Act (COFEPOSA), 1974
• Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act (PIT NDPS), 1988

RIGHT AGAINST EXPLOITATION (Articles 23–24)

The Right against Exploitation (Articles 23–24) protects individuals from human exploitation, forced labour, human trafficking, begar, bonded labour, and child labour. It reflects the constitutional commitment to human dignity, social justice and the welfare state. These provisions are enforceable against both the State and private individuals, making them unique among the Fundamental Rights.

Article 23 – Prohibition of Human Trafficking and Forced Labour

Article 23 prohibits:

• Human Trafficking
• Begar (Forced Labour without Payment)
• Forced Labour
• Other Similar Forms of Exploitation

Any contravention of this provision is a punishable offence under law.

This Article is available to both citizens and non-citizens.

Human Trafficking

It refers to the recruitment, transportation, transfer, harbouring or receipt of persons through force, coercion, fraud or deception for the purpose of exploitation such as:

• Sexual exploitation
• Forced labour
• Slavery
• Organ trafficking
• Child trafficking

Begar: Begar means compelling a person to work without payment or against his/her will. It was widely prevalent during the colonial period and has been completely prohibited by Article 23.

Forced Labour

Forced labour includes any work extracted:

• Under physical force
• Through intimidation or coercion
• Due to economic compulsion
• By paying wages below the statutory minimum wage

The Supreme Court has held that labour for less than the minimum wage also amounts to forced labour.

Exceptions

Article 23 does not prohibit:

• Compulsory service for public purposes, such as:

• Military service
• National service
• Social service
• Disaster management duties

However, while imposing such service, the State cannot discriminate on the grounds of religion, race, caste or class.

Acts

• Bonded Labour System (Abolition) Act, 1976
• Immoral Traffic (Prevention) Act, 1956
• Minimum Wages Act, 1948 (now subsumed under the Code on Wages, 2019)
• Code on Wages, 2019
• Trafficking in Persons (Prevention, Care and Rehabilitation) initiatives (policy framework)

Landmark Supreme Court Cases

§ People's Union for Democratic Rights v. Union of India (1982): Payment below the minimum wage amounts to forced labour under Article 23.

§ Bandhua Mukti Morcha v. Union of India (1984): Directed the Government to identify, release and rehabilitate bonded labourers.

§ Neeraja Chaudhary v. State of Madhya Pradesh (1984): Rehabilitation of freed bonded labourers is the responsibility of the State.

Article 24 – Prohibition of Child Labour: Article 24 prohibits the employment of children below the age of 14 years in:

• Factories
• Mines
• Hazardous occupations
• Hazardous processes

The objective is to protect children from economic exploitation and ensure their physical, mental and educational development.

Article 24 specifically applies to:

• Factories
• Mines
• Hazardous industries
• Other dangerous occupations notified by law

It complements Article 21A (Right to Education) and Article 39(e) & 39(f) of the Directive Principles.

Acts

• Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (amended in 2016)
• Right of Children to Free and Compulsory Education Act, 2009
• Juvenile Justice (Care and Protection of Children) Act, 2015

Child and Adolescent Labour (Amendment) Act, 2016

The Act:

• Completely prohibits employment of children below 14 years in all occupations and processes, except:

• Helping in a family enterprise after school hours.
• Working as child artists under prescribed conditions.

• Prohibits employment of adolescents (14–18 years) in hazardous occupations and processes.

RIGHT TO FREEDOM OF RELIGION (Articles 25–28)

The Right to Freedom of Religion (Articles 25–28) guarantees every individual the freedom to profess, practice and propagate religion while ensuring that India remains a secular State. The Constitution follows the principle of equal respect for all religions (Sarva Dharma Sambhava), allowing religious freedom subject to public order, morality, health and other Fundamental Rights.

Article 25 – Freedom of Conscience and Free Profession, Practice and Propagation of Religion: Article 25 guarantees every person the freedom of conscience and the right to profess, practice and propagate religion.

This right is available to all persons, including citizens and foreigners.

Meaning

Freedom of Conscience

• Freedom to believe or not believe in any religion.
• Freedom to change one's religion.

Profess: To openly declare or publicly express one's religious faith.

Practice: To perform religious rituals, ceremonies and observances.

Propagate

• To spread or disseminate the teachings of one's religion.
• It does not include the fundamental right to convert another person by force, fraud or inducement.

Article 25 Protects religious beliefs, worship, rituals, preaching, pilgrimages, religious symbols and customs, subject to constitutional restrictions.

Restrictions: The freedom under Article 25 is Subject to public order, morality, health and other Fundamental Rights.

The State may also regulate:

• Secular activities associated with religion.
• Social welfare and reform.
• Opening Hindu religious institutions to all classes and sections of Hindus.

Explanation: Sikhs are permitted to carry the Kirpan as part of their religious practice.

Related Acts

• Religious Institutions (Prevention of Misuse) provisions
• Various State Anti-Conversion Laws (Freedom of Religion Acts)

Article 26 – Freedom to Manage Religious Affairs

Constitutional Provision

Article 26 grants every religious denomination the right to manage its own religious affairs.

This right is available to every religious denomination or section thereof.

Every religious denomination has the right:

• To establish and maintain institutions for religious and charitable purposes.
• To manage its own religious affairs.
• To own and acquire movable and immovable property.
• To administer such property according to law.

Article 27 – Freedom from Payment of Taxes for Promotion of Religion: No person shall be compelled to pay taxes whose proceeds are specifically used for the promotion or maintenance of any particular religion or religious denomination.

Article 27 prohibits: Levy of taxes for promoting a particular religion.

However, it does not prohibit:

• Fees charged for regulation or administration of religious institutions.
• Government expenditure for preservation of religious monuments or pilgrimages undertaken for secular purposes.

Difference between Tax and Fee

Article 28 – Freedom from Religious Instruction: Article 28 regulates religious instruction in educational institutions.

Types of Educational Institutions

1. Institutions wholly maintained by the State: Religious instruction is completely prohibited.

2. Institutions administered by the State but established under an endowment or trust: Religious instruction may be imparted according to the terms of the trust.

3. Institutions recognised or aided by the State

• Religious instruction may be imparted.
• However, no student can be compelled to attend religious instruction or worship without his/her consent (or guardian's consent in the case of minors).

Objective

• Preserve the secular nature of State-funded education.
• Protect individual freedom of conscience.

CULTURAL AND EDUCATIONAL RIGHTS (Articles 29–30)

The Cultural and Educational Rights (Articles 29–30) protect the language, script, culture and educational interests of minorities in India. These provisions reflect India's commitment to cultural diversity, secularism and pluralism, ensuring that every community can preserve its distinct identity while enjoying equal access to education.

Constitutional Provisions

Article 29 – Protection of Interests of Minorities: Article 29 protects the language, script and culture of any section of citizens residing in India.

It also prohibits discrimination in admission to educational institutions maintained by the State or receiving State aid.

Important Provisions

Article 29(1): Any section of citizens having a distinct:

• Language
• Script
• Culture

has the right to conserve the same.

Note: The benefit is available to any section of citizens, not only minorities.

Article 29(2): No citizen shall be denied admission into any educational institution maintained by the State or receiving State aid on the grounds only of:

• Religion
• Race
• Caste
• Language
• Any of them

This provision promotes equality in educational opportunities.

Important Features

• Available only to citizens.
• Article 29(1) is available to both majority and minority communities.
• Article 29(2) prohibits discrimination only in State-funded or State-aided educational institutions.

Article 30 – Right of Minorities to Establish and Administer Educational Institutions: Article 30 grants religious and linguistic minorities the right to establish and administer educational institutions of their choice. The objective is to preserve the educational and cultural identity of minorities.

Article 30(1): All religious and linguistic minorities have the right to:

• Establish educational institutions.
• Administer institutions of their choice.

Article 30(1A): Inserted by the 44th Constitutional Amendment Act, 1978.

If the property of a minority educational institution is acquired by the State, the compensation should not restrict or abrogate the rights guaranteed under Article 30.

Article 30(2): The State shall not discriminate against any minority educational institution while granting financial aid merely because it is managed by a religious or linguistic minority.

Minority under Article 30

§ The Constitution does not define "minority".

§ The Supreme Court has held that minority status is generally determined with reference to the population of a State.

§ Important Constitutional Amendments

§ 44th Constitutional Amendment Act, 1978: Inserted Article 30(1A).

§ 93rd Constitutional Amendment Act, 2005: Added Article 15(5), but specifically exempted minority educational institutions from compulsory reservation.

Article 31, 31A, 31B and 31C (Right to Property and Related Provisions)

§ Originally, the Right to Property was one of the seven Fundamental Rights under Article 31, which guaranteed that no person could be deprived of his property except by the authority of law.

§ However, due to repeated conflicts between Fundamental Rights and land reform laws, the 44th Constitutional Amendment Act, 1978 removed the Right to Property from Part III. It was thereafter recognized as a constitutional/legal right under Article 300A (Part XII), which provides that no person shall be deprived of his property except by authority of law.

§ Article 31A – Saving of Certain Laws

§ Constitutional Provision: Article 31A protects specified categories of laws from being declared unconstitutional on the ground of violating Articles 14 and 19. Its primary objective was to facilitate land reforms and other socio-economic legislation.

Categories of Protected Laws

Article 31A grants protection to laws relating to:

• Acquisition of estates and related rights by the State.
• State takeover of the management of private properties.
• Amalgamation of corporations.
• Modification or extinguishment of the rights of directors and shareholders.
• Modification or termination of mining leases and similar rights.

Article 31B – Validation of Certain Acts and the Ninth Schedule

Constitutional Provision

§ Article 31B protects laws placed in the Ninth Schedule from being invalidated on the ground of violating any Fundamental Right.

§ Ninth Schedule

§ The First Constitutional Amendment Act, 1951 created the Ninth Schedule to protect agrarian reform laws from judicial review.

§ The protection under Article 31B is wider than Article 31A, as it extends to any law included in the Ninth Schedule, irrespective of its subject matter.

Judicial Review

§ In I.R. Coelho v. State of Tamil Nadu (2007), the Supreme Court held that laws placed in the Ninth Schedule after 24 April 1973 are open to judicial review if they violate the Basic Structure or Fundamental Rights forming part of the Basic Structure.

§ The Basic Structure Doctrine was first evolved in Kesavananda Bharati v. State of Kerala (1973).

Article 31C – Saving of Laws Giving Effect to Certain Directive Principles

§ Constitutional Provision

§ Article 31C grants protection to laws enacted for implementing the Directive Principles contained in Article 39(b) and Article 39(c).

§ These laws cannot be declared void merely because they violate Articles 14 or 19.

§ Objectives of Article 39(b) and (c)

o Article 39(b): Distribution of material resources to promote the common good.

o Article 39(c): Prevention of concentration of wealth and means of production.

Judicial Position: The Supreme Court, in Kesavananda Bharati (1973) and Minerva Mills v. Union of India (1980), held that Parliament cannot extend Article 31C beyond Articles 39(b) and 39(c), as doing so would damage the Basic Structure of the Constitution.

Right to Constitutional Remedies

Article 32 guarantees the Right to Constitutional Remedies, enabling individuals to approach the Supreme Court for the enforcement of Fundamental Rights. Dr. B.R. Ambedkar described it as the "Heart and Soul of the Constitution." It ensures that Fundamental Rights are not merely declaratory but are effectively enforceable through judicial remedies.

Article 32 – Right to Constitutional Remedies

§ Article 32 guarantees every individual the right to directly approach the Supreme Court for the enforcement of Fundamental Rights.

§ The Supreme Court has consistently held that Article 32 forms part of the Basic Structure of the Constitution and cannot be abolished or substantially curtailed even by a constitutional amendment.

Powers under Article 32

The Article provides:

• Right to move the Supreme Court for enforcement of Fundamental Rights.
• Power of the Supreme Court to issue directions, orders and writs.
• Parliament may authorize other courts (except High Courts, which already possess this power under Article 226) to issue writs.
• The right under Article 32 cannot ordinarily be suspended except as provided by the Constitution.

Suspension during Emergency

§ Under Article 359, the President may suspend the enforcement of specified Fundamental Rights during a National Emergency.

§ However, after the 44th Constitutional Amendment (1978), the rights guaranteed under Articles 20 and 21 cannot be suspended.

Article 33 – Power of Parliament to Modify Fundamental Rights

Constitutional Provision: Article 33 empowers Parliament to restrict or modify the Fundamental Rights of:

• Members of the Armed Forces
• Paramilitary Forces
• Police Forces
• Intelligence Agencies
• Other analogous services

Objective

To ensure:

• Proper discharge of official duties.
• Maintenance of discipline.
• National security.

Only Parliament has the authority to legislate under Article 33, and such laws cannot ordinarily be challenged for violating Fundamental Rights.

The expression "Armed Forces" also includes non-combatant personnel such as mechanics, cooks, barbers, carpenters, tailors and similar staff.

Article 34 – Restriction of Fundamental Rights during Martial Law: Article 34 permits restrictions on Fundamental Rights when Martial Law is in force in any part of India.

Although the Constitution does not define Martial Law, it generally refers to temporary military administration imposed under extraordinary situations such as war, rebellion, invasion or widespread violence.

Powers of Parliament

Parliament may:

• Indemnify government officials and other persons for acts done to restore law and order during Martial Law.
• Enact laws granting such protection, which cannot be challenged solely on the ground of violation of Fundamental Rights.

Article 35 – Parliament's Exclusive Legislative Power: Article 35 confers exclusive legislative authority on Parliament to make laws for implementing certain Fundamental Rights.

Parliament Alone Can Legislate On

• Residence requirements for specific public employment.
• Empowering courts (other than the Supreme Court and High Courts) to issue writs.
• Restricting Fundamental Rights of Armed Forces and similar services (Article 33).
• Indemnity during Martial Law (Article 34).
• Punishment for offences relating to:

• Untouchability.
• Human trafficking.
• Forced labour.

Article 35 ensures uniform implementation of important Fundamental Rights across the country by placing these matters exclusively within Parliament's legislative domain, even if they otherwise fall under the State List.