Article 14: Right to Equality

It states that the state shall not deny individuals equality before law and equal protection of laws
within the territory of India.

Article 14 (1): Equality Before law

 The concept of ‘equality before law’ is of British origin while the concept of ‘equal
protection of laws’ has been taken from the American Constitution. The concept of
equality before law says that
 The absence of any special privileges in favor of any person,
 The equal subjection of all persons to the ordinary law of the land,
 No person whether rich or poor, high or low is above the law.

It is a negative concept because it states that no man is above law i.e. that all men irrespective of
their social standing are subject to the same law of the land.

 The concept of ‘equal protection of laws’ is a positive concept. It is based on the Aristotle
concept that equality can exist only among equals and it cannot exist among unequal’s in
fact, the same identical treatment in unequal circumstances would amount to inequality.
 The equality of treatment under equal circumstances, both in the privileges conferred and
liabilities imposed by laws,
 The similar application of same laws to all the persons who are similarly situated, and
 The like should treated alike without any discrimination.

Rule of Law:

The concept of ‘equality before law’ is the element in the concept of ‘Rule of Law’. It is
propounded by A.V Dicey, the British jurist.

 No man shall be punished except for breach of law and violation of this law shall be
established in courts.
 All the individuals irrespective of social and economic standing shall be subjected to the
same ordinary law of land.
  Constitution is the result of ordinary law of the land. In India the Constitution is supreme
law of the land and every law passed by the legislature shall conform to the Constitution
in order the law should be legally binding.

Significance of Rule of Law

 This emphasized on ‘Rex Lex’ to ‘Lex Rex’

 To respect individual’s liberty this is very important and essential to any democracy
 In Keshvananda Bharti case (1973) Supreme Court said that Rule of Law is basic
structure of the Constitution which cannot be destroyed.

Exceptions to Equality

 The President of India and the Governor of states enjoy the following immunities:
 The president or the governor is not answerable to any court for the exercise of
powers and duties of his office.
 No criminal proceedings shall be instituted against the president or governor in any
court during his term.1
 No process for the arrest or imprisonment of the president or the governor shall be
issued from any court during his term or office.2
 No civil proceedings against President or the Governor shall be instituted during his
term of office in any court in respect of any act done by him in his personal capacity.
 No person shall be liable to any civil or criminal proceedings in any court in respect of
the publication in a newspaper of a substantially true report of any proceedings of either
House of Parliament of a state.
 Under Vienna Convention there is another exception that the foreign sovereigns,
ambassadors and diplomats enjoy immunity from criminal and civil proceedings.

Article 15: Prohibition of Discrimination on Certain Grounds

Article 15 (1): It provides that the State shall not discriminate against any citizen on grounds
only of religion, race, caste, sex or place of Birth.
1
Mahendra Pal Singh, Constitution of India, pg. no. 47 (12th edition)
2
Article 15 (2): ‘No citizen shall be subjected to any disability, liability, restriction on grounds
of religion, race, caste, sex, or place of birth with regard to

(a) Access to shops, public restaurant, hotels and places of public entertainment; or

(b) The use of wells, tanks, bathing Ghats, road and places of public resort maintained partly by
the state funds or dedicated to the use of general public.3

It directly talks about abolishment of untouchability.

Article 15 (3): It confers powers power on the state to make special provisions for the welfare
of women and children.

Article 15 (4):‘It is introduced by first Constitutional Amendment Act (1977). It empowers

the state to make special provisions for the welfare of S.C, S.T, and OBC’S.4

Article 15 (5): It was introduced by 43rd Constitutional Amendment Act (1977) which
empowers on the state for advancement of socially and backward classes into educational
institutions, private institutions except minority institutions.

Note: On the basis of this only the Parliament has enacted central educational institutions
reservation for admission Act (2005) under which 27% reservation given for OBC’S.

Article 16: Equality of Opportunity in Public Employment

‘Article 16 provides for equality for opportunity for all citizens in matters of employment or
appointment to any office under the state.5

Article 16 (1): There shall be equality of opportunity for all citizens in matters of Public
Employment.

3
Mahendra Pal Singh, Constitution of India, pg. no. 87 (12th edition)
4
Lakshmikanth, Indian Polity, pg-no. 7.6 (5th edition)

5
Mahendra Pal Singh, Constitution of India, pg. no. 108 (12th edition)
Article 16 (2):‘No citizen shall be discriminated in respect to Public Employment with respect
to Race, Religion, Case, Sex, Place of Birth, Place of Residence or any of them.6

Article 16 (3): It authorizes the Parliament to provide special favors in case of certain classes
on grounds of residence.

Note: State legislature does not have any power to make even if the law is made at state law it
should go to the Parliament by drafting some bill.

Article 16 (4): State is empowered to make law for reserving seats in public employment for
socially & economically backward classes if they are not adequately represented in public.

 Finally in Indra Sawhney7 v. Union of India, (1992), Supreme Court has judged the
upheld the constitutional validity.
 ‘In order to nullify the ruling with regard to reservation in promotions, the 77 th
Amendment Act of was enacted in 1995. It added a new provision in Article 16 that
empowers the State to provide for reservation in promotions of any services under the
State in favor of the SCs and ST‘s that are not adequately represented ' in the state
services.8

Article 16 (5): Officers connected with religious institutions may be reserved for members
professing that religion.

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.

 Parliament has made untouchability offences Act, 1955 and Civil Rights Act 1976.
 It is an absolute right with no restrictions
 Constitution is completely silent on the definition of untouchability but Supreme Court
gave the particular definition.

6
Mahendra Pal Singh, Constitution of India, pg. no. 109 (12th edition)
7

8
Lakshmikanth, Indian Polity, pg-no. 7.8 (5th edition)
Article 18: Abolishment of Titles

Article 18 abolishes titles and makes four provisions in that regard

 ‘It prohibits the state from conferring any title except a military or academic distinction
on anybody whether a citizen or foreigner.
 It prohibits a citizen of India from expecting any title from any foreign state.
 A foreigner holding any office of profit or trust under the state is to accept any present,
emolument or office from or under any foreign state without consent of the President.
 No citizens or foreigners holding any office of profit under the state is to accept any
present, office from or under any foreign state without the consent of the President.9

From the above, it is clear that the hereditary titles of nobility like Maharaja, Raj Bahadur etc,
which were conferred by colonial states are banned by Art 18 as these are against the principle of
equal status of all.

Article 19: Right to Freedom

 Protection of certain rights regarding freedom of speech.

 It confers rights only to citizens.
 Presently, there are 7 Fundamental Rights under Article 17.
 Right to Property is fundamental right in J & K. Here it was removed by 44 th
Constitutional Amendment Act.
 Rights under Article 19 are not absolute rights to strike a balance between individual
liberty & Public Welfare or Society.

Article 19 (1) (a): Freedom of Speech and Expression

It says that every citizen has the right to express his views, opinions, belief and convictions
freely by word of mouth, writing, printing etc., it is widest possible interpretation by judiciary
next to Art 21. It has 10 inferred rights;

9
Lakshmikanth, Indian Polity, pg-no. 7.8 (5th edition)
‘(1) Right to spread one’s view as well as views of others

(2) Freedom of the press

(3) Right of marketable advertisements

(4) Right against patter of telephonic discussion.

(5) Right to broadcast, i.e. government has no control on electronic media.

(6) Right against bundh called by a political party.

(7) Right to know about government activities.

(8) Freedom of silence.

(9) Right against imposition of pre-censorship on a newspaper

(10) Right to protest.’10

Here state can impose reasonable restrictions on exercising freedom of speech and expression on
the grounds of Sovereignty and integrity of India.

Article 19 (1) (b): Freedom of Assembly

‘Every citizen has the right to assemble peacefully and without arms. It guarantees to all the
citizens right to assemble which includes right to hold public meetings, demonstrations and take
out processions without any arms.’11

Article 19 (1) (c): Freedom of Association

Right to form associations or unions it may be political, social or cultural associations.

Article 19 (1) (d): Freedom of Movement

Right to move freely throughout Indian Territory.

Article 19 (1) (e): Right to reside and settle in any part of the territory in India.
10
Mahendra Pal Singh, Constitution of India, pg. no. 129 (12th edition)
11
Lakshmikanth, Indian Polity, pg-no. 129 (5th edition)
Article 19 (1) (g): Right to practice or carry any profession, trade or occupation but however
educational, physical fitness, loyalty etc.

Article 19 (1) (h): Right to form co-operatives

Article 20: Protection in respect of Conviction for offences

It grants protection against arbitrary and severe punishment to an accused person.

Article 20 (1): No person shall be convicted of any offence except for violation of law in
force at the time of the commission of the act as an offence nor be subjective to the penalty
greater than that prescribed by law in force at the time of the commission of the act. So Article
20 (1) prohibits “Ex-Post Facto Criminal Legislation”12

Article 20 (2): No person shall be prosecuted and punished for the same offence more than
once. Thus Article 20 (2) prohibits Double Jeopardy. Under this doctrine the person can be
punished only once and it applies only in the case of punishments given by court of law. It does
not apply to any judgments given by non-judicial body for example IAS.

Article 20 (3): No person who is accused shall be compelled to be a witness against himself
that is providing Self Incriminating Evidence. This applies when confession is made to police
officer either voluntarily or under compulsion but if the accuse confess before the magistrate.13

Article 21: Right to Life and Personal Liberty

This article states that the state shall not deprive an individual Right to Life and personal Liberty
according to procedure established by law. In the well-known A.K Gopalan v. State of Madras,
(1950), has taken narrow explanation of the Article 21. It was held that the protection under Art
21 is available only against arbitrary executive action and not from arbitrary legislative action.14

12
Mahendra Pal Singh, Constitution of India, pg. no. 191 (12th edition)
13
Mahendra Pal Singh, Constitution of India, pg. no. 195 (12th edition)
14
Lakshmikanth, Indian Polity, pg-no. 7.11 (5th edition)
Procedure established by Law: It is a doctrine that got originated in Britain it means the
judiciary will see that whether there is any law passed to the effect or not. Secondly, this talks
about whether the law is passed by competent authority or not. Thirdly, whether the law has been
passed in the prescribed manner or not.

Due process of Law: This concept is taken from United States. It takes into consideration
not just the paw passed by competent authority but also takes into consideration whether the law
is just, fair, reasonable or not.

Article 21 was a composite right which includes many inferred rights those are; Right to
dignified law, Right to reputation, Right to livelihood, Right not to commit suicide, Right to
shelter, Right against cruel punishment, Right against denial of wages, Right to speedy trail,
Right to die with dignity, Right to sleep it was followed from judgment given by the Supreme
Court in Baba Ramdev Case, Right to Privacy, Right to go to abroad, Right to bail, Right to write
a book, Right to socialize. In Menaka Gandhi case Supreme Court has taken into consideration
due process of law and said that principles of natural justice are to be followed.15

Principles of Natural Justice:

 No man shall be punished unhurt

 No man can be judge of his own case
 An authority while deciding the case shall be act in an unbiased manner.

Article 21 (a): Right to Education

Article 21 A declares that the state shall be provide free and compulsory education to all children
of the age six to fourteen years in such a manner as the state may determine. It is inserted
through 86th constitutional amendment act. It came into force in the year 2009.16

Article 22: Protection against arrest & detention in certain cases

15
Mahendra Pal Singh, Constitution of India, pg. no. 206 (12th edition)
16
Lakshmikanth, Indian Polity, pg-no. 7.12 (5th edition)
It is applicable to all the individuals. It extends some safeguards in case of an arrest thus it comes
into play only after the person is arrested .This article main objective is to prevent any arbitrary
arrest or detention of any text state.17

Safeguards:

1) No person who is arrested shall be detained without being informed on the grounds of his
arrest
2) He shall not be denied the Right to consult and defended by an advocate of his choice
3) The arrested person the S C clearly mentioned some points in Jogindar Kaur v. state of
Punjab that the arrest should not happen on mere suspicion but the police officer has to
record the reason for arrest along with the time of arrest.
4) The arrested person shall be produced before the judicial magistrate within 24hrs of his
arrest
5) While calculating 24hrs the time taken to travel and intermediate holidays are not taken
into consideration
6) No person shall be defined beyond the time period that was authorized by judicial
magistrate.18

Two types of detention

 Preventive- It is to punish a person for an offence committed by him after trail and
conviction of the court
 Punitive- It means detention of a person without trail and conviction by a court.

Its intent was not to penalize a person for a previous offense, but in the immediate future to
prevent him from perpetrating an offense. Preventive detention is therefore only a measure of
caution and is based on suspicion.19

Some of the Preventive Detention Laws:

17
Lakshmikanth, Indian Polity, pg-no.-,  (5th edition)

18
Mahendra Pal Singh, Constitution of India, pg. no. 235 (12th edition)
19
Lakshmikanth, Indian Polity, pg-no. 7.12 (5th edition)
 ● Prevention of terrorism Act (2002)
● Conservation of foreign exchange & prevention of smuggling Act(1975)
● Prevention of illicit trafficking in narcotic drugs and psychotropic substances (1988)
● Terrorists activities disruption Act (1990)
● Unlawful assembly prevention act 20

Article 23: Right against Exploitation

Article 23 (1): Prohibition of Human Traffic in Human Beings and Forced

Labour

● This article authorizes that the state to provide by law prescribing violation of this act as
the parliament has passed immoral trafficking prevention act (1956)
● Suppression of Immoral trafficking in women and girls Act (1956)21
Article 24: Prohibition of Employment of Children in Factories, etc.
No child below the age of 14 years shall be employed to work in any factory or mine or engaged
in any other hazardous employment.22
Thus, no child under the age of 14 can be working in building work. "This stance has been
reinforced in Laborers, Salal Hydro Project v. State of J&K where it again held that child ren
work under the age of 14 violates Article 24. In regard to the Child Labor (Ban and Regulation)
Act, 1986, which explicitly prohibits the recruitment of children in some sectors and leaves the
room for such a ban in others, the states, however, have passed numerous laws before and after
the constitution has been adopted.

Article 25-28: Right to Freedom of Religion

20
Lakshmikanth, Indian Polity, pg-no. 7.13 (5th edition)

21
Lakshmikanth, Indian Polity, pg-no. 7.13 (5th edition)

22
Mahendra Pal Singh, Constitution of India, pg. no. 256 (12th edition)
Article 25: Freedom of Conscience and Free Profession, Practice and
Propagation of Religion

It confers to two fold religious freedom on individuals.

1. Right to freedom of conscience

2. Right to profess, practice and propagate a religion of one choice

● It means the inner freedom of an individual to mould his religious beliefs and faith which
includes to believe or not to believe a religion and this individual freedom is absolute
when it becomes an outward expression it becomes right to profess, practice and
propagate a religion .To profess means to declare freely or openly one's religion
● Right to propagate to practice includes performing once rituals. Right to propagate to
propagate means spread & publicly once religious views however one has to know that it
is not a Fundamental Right to convert another person forcefully into another religion this
includes forced conversations, allurements inducements or by threat.
Note: The state cannot interfere in the 1st clause but state can interfere in the interest of public
order, morality & health.

Article 26: Freedom to Manage Religious Affairs

Every religion denomination has the right. To Establish institutions & to maintain religious
institutions .To administer such institutions matters of their own religion. To own and acquire
owns properties. To administrator such properties in accordance with the policy made by law.23

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

The state should not spend the public money collected by way of tax for the promotion or
maintenance of any particular religion. This article prohibits the state from favoring, patronizing
and supporting one religion over the other.24
23
Mahendra Pal Singh, Constitution of India, pg. no. 271 (12th edition)
24
Lakshmikanth, Indian Polity, pg-no. 7.15 (5th edition)
Article 28: Freedom from attending religious institution or worship in certain
educational institutions.

This art deals with importing educational religious institutions in educational institutions. Since
the state in secular the state is prohibited from importing religious institutions thus art 28
Characterization has been done into four:
1. Educational institution those are owned and maintained by the state. No matter whatsoever
religious institutions should be imported

2. Educational Institutions that are recognized by state.

3. That receive funds aid from state in the above 2&3 the state can import but the students
cannot be compelled to follow those particular religious institutions

4. Those are administrated by the states but not have been established by a religious endowment
and a charitable trust here religious institutions can be given and can be imported.25

Article 29&30: Cultural & Educational Rights

Article 29: Protection of Interest of Minorities

Article 29 (1): Any citizen in territory of India having a distinct language script and culture shall
have the right to conserve, Available only to citizens of India, Available to both minorities
&non-minorities.
Article 29 (2): No citizen shall be discriminated against the state on grounds of race, religion
caste, language with respect to educational institutions that are maintained or administered by the
state.26
Article 30: Right of Minorities to establish and administer educational
institutions.
It applies only to minorities. It applies to both religious & linguistic minorities. However,
nowhere in the constitution minority term has been termed defined anywhere. Art 30 truly
reflects the minority rights.
25
Lakshmikanth, Indian Polity, pg-no. 7.16 (5th edition)

26
Mahendra Pal Singh, Constitution of India, pg. no. 278 (12th edition)
Community to be defined as a minority there should be:
 It should be numerically less
 It should be socially & educationally backward
Such institutions where aided (or) unaided have the right to reserve up to 50% of the seats
coming from their own respective communities. 93rd Constitutional Amendment Act doesn't
apply to these educational institutions. Unaided minority educational institutions have been right
to conduct their own examinations and fix their own tuition fee and there is no interference of
state.27

Article 31: Right to Property:

44th amendment of 1978 removed it as a fundamental right and it made as a legal right by
Morarji desai Govt. Later Art 300(A) mentions that, no person shall be deprived of his property
expect by authority of law.

Article 31 (a):

● Art 31 (a) deals with saving of laws providing for acquisition of estates
● It states that not with standing anything containing at 31(a) deals with saving certain laws
even if they are controversial to fundamental rights.

Article 31 (b): Validation of certain acts & regulation

● Art 31 (b) saves the acts & regulations included in schedule 9 from being challenged on
the ground of fundamental rights because they are controversial to FR
● But later in 2007 the SC said that there cannot be a blanket immunity from judicial
review on the laws that are kept in schedule 9
Later SC has said that the laws that are placed under schedule 9 after April 24(1973 are open to
challenge in the court if they violated fundamental rights.28

Article 31 (c):

27
Lakshmikanth, Indian Polity, pg-no. 7.16 (5th edition)

28
Mahendra Pal Singh, Constitution of India, pg. no. 298 (12th edition)
 ● Saving of same laws giving effect to certain directive principles
● Art 31(c) was added by 25th C A act (1971)
● No law that seeks to implement the socialist directive principles that are specified in
act 39(b)&39(c)shall be void even though it is controversial to FR articles of 14(or)19

Article 32: Right to Constitutional Remedies

The article counters the power of the Supreme Court to issue writs, Directions, order for
enforcement of fundamental rights if Fundamental Rights are violated. It is a constitutional
duty on the Supreme Court. Thus, Art 32 guarantees that SC is guaranteer of fundamental
rights. It is article 32 that confers legal status to other fundamental right.

It is this Article 32 that gives teeth to other fundamental rights to bite. Without article 32 the
other FR cannot be enforceable.

Art 32 confers power on SC to issue writs through 5 types

 Habeas corpus
 Mandamus
 Certiorari
 Prohibition
 Quo-Warranto

● Habeas Corpus:
Habeas corpus is issued in order to protect individual liability more importantly right to
freedom. It is a Latin term which literally means ‘to have the body of’. It is for a person had
been arrested unlawfully. It can be filed by any person not necessarily the aggrieved
individual. Thus the principal of locus standi do not apply in the case of Habeas corpus. The
writ can be issued both against state & individuals. The writ can be issued that to ensure that
to ensure denied person’s detention is legal or not However if the individual detention is
illegal the court will order to release.29
29
Lakshmikanth, Indian Polity, pg-no. 7.19 (5th edition)
 ● Mandamus:

It means ‘we command’. It ensures what the public authority or a person holding a public
office to do their duty which is legal and they are entitled to do. The writ can issued only to
enforce the legal and statutory rights. Private rights cannot be enforced by mandamus. It can
be held only by aggrieved individual hence thus the principle of locus standi be applied. It
cannot be issued President (or) Governor. Habeas corpus has more scope than Mandamus
because it can be issued by both state & individuals.

● Prohibition:
This writ can be issued only against judicial or quasi judicial body. Principle of locus standi
applies which means the issued by aggrieved individual. The major objective of this writ is to
prevent the judicial body in exercising excess direction. It is preventing the court from
further proceeding with respect to the trail of that case.
● Certiorari:
It means to be informed. Principle of locus standi applies. It is given to quash (or) nullify a
judgment on order by a judicial body or quasi judicial body and also administrative bodies thus
unlike prohibition which only preventive, certiorari is both preventive & Curative.
● Quo Warranto:
It means by what authority. It is issued to (ensure that) call upon the public officer who
holds that post and to show to the court under what authority's he is holding that part. This writ
ensures that to prevent a person from holding the office who is not legally to entitled that post.
Principle of locus standi does not apply. It is issued to only administrative officers but not only
ministerial & private offices. Art 32 has been described as the corner stone of the constitution.
Ramesh Thapar (magistrate of madras) 1950- SC Court stated that it is the guaranteer of
Fundamental Right. The concept of writ has been borrowed from British constitution.30

Conclusion:
Part III of the Constitution dealing with the Fundamental Right Chapter has played a pivotal role
in ensuring the principle that the right to Fundamental Right is a necessary concomitant to social
justice or else such rights would be rendered illusory. The fundamental rights contain the rights
30
Mahendra Pal Singh, Constitution of India, pg. no. 357 (12th edition)
common in most liberal democracies such as equality before law, freedom of speech, freedom of
expression, freedom of association, freedom to practice religion and rights to constitutional
remedies for the protection of civil rights. Every citizen has the right these rights for the pleasant
progress of his or her personality. These rights are universal in nature.