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"Understanding Fundamental Rights: A Comprehensive Guide for CS Executive JIGL with Key Case Laws"

he Fundamental Rights enshrined in the Indian Constitution are guaranteed under Part III, from Articles 12 to 35. They are essential for the all-round development of individuals and the establishment of a just society. These rights are enforceable by the courts, and any law that contravenes them can be declared void.

1. Right to Equality (Articles 14-18)

Article 14: Equality before the law

  • Explanation: Ensures equality before the law and equal protection of the laws within the territory of India.

  • Case Law: E.P. Royappa v. State of Tamil Nadu (1974) - The Supreme Court held that equality is a dynamic concept with many aspects and dimensions and cannot be confined within traditional and doctrinaire limits.

Article 15: Prohibition of discrimination

  • Explanation: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

  • Case Law: State of Madras v. Champakam Dorairajan (1951) - The Supreme Court struck down reservations in educational institutions based solely on caste.

Article 16: Equality of opportunity in public employment

  • Explanation: Ensures equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

  • Case Law: Indra Sawhney v. Union of India (1992) - The Supreme Court upheld the reservation for OBCs but excluded the creamy layer from the benefits.

Article 17: Abolition of untouchability

  • Explanation: Abolishes 'untouchability' and forbids its practice in any form.

  • Case Law: State of Karnataka v. Appa Balu Ingale (1993) - The Supreme Court upheld the conviction under the Untouchability (Offences) Act, 1955.

Article 18: Abolition of titles

  • Explanation: Abolishes titles except military and academic distinctions.

  • Case Law: Balaji Raghavan v. Union of India (1996) - The Supreme Court ruled that national awards like Bharat Ratna and Padma Vibhushan do not violate Article 18.

2. Right to Freedom (Articles 19-22)

Article 19: Protection of certain rights regarding freedom of speech, etc.

  • Explanation: Guarantees six freedoms: speech and expression, assembly, association, movement, residence, and profession.

  • Case Law: Maneka Gandhi v. Union of India (1978) - The Supreme Court expanded the interpretation of personal liberty and due process.

Article 20: Protection in respect of conviction for offenses

  • Explanation: Provides protection against arbitrary and excessive punishment. No person shall be convicted of any offense except for violation of the law in force at the time of the commission of the act.

  • Case Law: Kartar Singh v. State of Punjab (1994) - Upheld that no person can be prosecuted and punished for the same offense more than once.

Article 21: Protection of life and personal liberty

  • Explanation: Guarantees that no person shall be deprived of his life or personal liberty except according to procedure established by law.

  • Case Law: K.S. Puttaswamy v. Union of India (2017) - The Supreme Court recognized the right to privacy as a fundamental right under Article 21.

Article 22: Protection against arrest and detention

  • Explanation: Provides safeguards against arbitrary arrest and detention.

  • Case Law: A.K. Gopalan v. State of Madras (1950) - The Supreme Court ruled on the interpretation of preventive detention laws.

3. Right against Exploitation (Articles 23-24)

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

  • Explanation: Prohibits human trafficking and forced labor.

  • Case Law: People's Union for Democratic Rights v. Union of India (1982) - The Supreme Court held that forcing people to work for meager wages is a violation of Article 23.

Article 24: Prohibition of employment of children in factories, etc.

  • Explanation: Prohibits the employment of children below the age of 14 in hazardous jobs.

  • Case Law: M.C. Mehta v. State of Tamil Nadu (1996) - The Supreme Court directed measures for the rehabilitation of child laborers.

4. Right to Freedom of Religion (Articles 25-28)

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

  • Explanation: Guarantees freedom of conscience and the right to profess, practice, and propagate religion.

  • Case Law: Bijoe Emmanuel v. State of Kerala (1986) - The Supreme Court ruled that expelling students for not singing the national anthem due to their religious beliefs violated their rights under Article 25.

Article 26: Freedom to manage religious affairs

  • Explanation: Grants the right to every religious denomination or any section thereof to manage its religious affairs.

  • Case Law: Sri Venkataramana Devaru v. State of Mysore (1958) - The Supreme Court held that the right to manage religious affairs is subject to public order, morality, and health.

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

  • Explanation: Prohibits compelling any person to pay taxes for the promotion or maintenance of any particular religion.

  • Case Law: Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar of Sri Shirur Mutt (1954) - The Supreme Court interpreted the scope of taxation on religious institutions.

Article 28: Freedom from attending religious instruction

  • Explanation: Prohibits religious instruction in educational institutions wholly funded by the State.

  • Case Law: Aruna Roy v. Union of India (2002) - The Supreme Court upheld that religious education in schools does not violate the Constitution as long as it is not compulsory.

5. Cultural and Educational Rights (Articles 29-30)

Article 29: Protection of interests of minorities

  • Explanation: Protects the rights of any section of citizens to conserve their culture, language, or script.

  • Case Law: St. Stephen's College v. University of Delhi (1992) - The Supreme Court ruled on the rights of minority educational institutions to admit students based on their own criteria.

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

  • Explanation: Grants minorities the right to establish and administer educational institutions of their choice.

  • Case Law: T.M.A. Pai Foundation v. State of Karnataka (2002) - The Supreme Court clarified the extent of autonomy of minority institutions in matters of administration and admission.

6. Right to Constitutional Remedies (Article 32)

Article 32: Right to move the Supreme Court for the enforcement of Fundamental Rights

  • Explanation: Empowers individuals to move the Supreme Court for the enforcement of their Fundamental Rights.

  • Case Law: S.R. Bommai v. Union of India (1994) - The Supreme Court emphasized the importance of Article 32 as the "heart and soul" of the Constitution, affirming the Court's role in protecting Fundamental Rights.

Conclusion

The Fundamental Rights in the Indian Constitution are essential for the protection and promotion of individual liberties and democratic principles. They are enforceable by the judiciary, and their interpretation through various landmark judgments has played a crucial role in shaping India's legal and social landscape.

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