Fundamental Rights: Classification and Limitations
Date: 2 May, 2020
By: Pradeep Yadav
By: Pradeep Yadav
Index of the Article on Fundamental Rights
1. Fundamental Rights overview
2. Origin of the Fundamental rights
3. Fundamental Rights in India: Article 12-36
4. Classification of Fundamental rights:
a. Right to Equality (Article 14-18)
b. Right to Freedom (Article 19-22)
c. Right against Exploitation (Article 23-24)
d. Right to Freedom of Religion (Article 25-28)
e. Cultural and Educational Rights (Article 29-30)
f. Right to Constitutional Remedies (Article 32)
5. Limitations on Fundamental Rights
2. Origin of the Fundamental rights
3. Fundamental Rights in India: Article 12-36
4. Classification of Fundamental rights:
a. Right to Equality (Article 14-18)
b. Right to Freedom (Article 19-22)
c. Right against Exploitation (Article 23-24)
d. Right to Freedom of Religion (Article 25-28)
e. Cultural and Educational Rights (Article 29-30)
f. Right to Constitutional Remedies (Article 32)
5. Limitations on Fundamental Rights
What are the Fundamental Rights?
Fundamental rights are the rights which are usually given to us by nature. These rights are guaranteed by the Constitutions of various countries. They cannot be taken back from the citizens permanently by the normal law-making process. To change or repeal them it will take amendment of the Constitution itself. The amendment of the constitution is a long and lengthy process which needs the support of at least 2/3 majority.
Fundamental rights are important for the growth of humans. They help attain the full intellectual growth of society. These rights keep a check on the power of the state and no part of the state can violate them. No law can be made which infringes the fundamental rights in a normal scenario.
Article 19(1) (d) gives the freedom to move freely throughout the territory of India.
Origin of the Fundamental rights
The origin of fundamental rights can be traced back to the 13th Century England when people revolted against the king and demanded rights which will protect them from the dominance of the King. This resulted in Magna Carta, which gave people various rights. Later France also created Rights of Man and Citizen in 1789. Finally, the Americans incorporated Bill of rights in the United States Constitution in 1791. Ever since then it has become a tradition to incorporate Fundamental rights for the citizens of every country.
Fundamental rights in India (Article 12 - 36)
Fundamental rights are given under Part 3 of the Indian Constitution (Article 12-35). They are the Universal rights which are given to each citizen of India. Article 15, 16, 19, 29 and 30 are available for all the citizens of India.
Article 14, 20, 21, 21A, 23, 24 and 25-28 are given to everyone who is living in this country except to the citizens of enemy countries.
The fundamental rights are enforceable against the state but right against untouchability (Article 17), right to personal liberty (Article 21), right against exploitation (Article 23 and 24) is also enforceable against the individuals.
The fundamental rights are enforceable against the state but right against untouchability (Article 17), right to personal liberty (Article 21), right against exploitation (Article 23 and 24) is also enforceable against the individuals.
Classification of Fundamental Rights
There are 6 Fundamental rights which are given by the Indian constitution. Initially, there were 7 but Article 31- Right to property was removed from the fundamental rights (44th Amendment) and was added as a statutory right in Article 300 A.
Article 12 defines State.
Article 13 defines the meaning of Law
Article 12 defines State.
Article 13 defines the meaning of Law
1. Right to Equality (Article 14-18)
Right to equality is a group of 5 Article which is given under the constitution. These 5 Articles are as follows:
Article 14 covers all the persons who are living in India, whereas other 4 rights in this part are only for the citizens of the country. This right gives the guarantee to every citizen that the state will not discriminate between its citizens. All citizens will get equality before the law and equal protection of the law.
Article 15 of the Indian constitution prohibits the discrimination by the State on any of the specified grounds namely, religion, race, caste, sex or place of birth.
Article 16 of the Indian constitution gives, “equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.”
Article 16 of the Indian constitution gives, “equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.”
Article 17 abolishes the Untouchability and makes it a criminal offence. The government of India enacted various laws for the effective implementation of this article like Schedule Caste and Schedule Tribes (Prevention of atrocities) Act 1989.
Article 18 abolishes titles. It prohibits the state from giving any titles to any person except military and academic titles. This article also stops Indian citizens from accepting any titles from any other foreign countries.
Article 18 abolishes titles. It prohibits the state from giving any titles to any person except military and academic titles. This article also stops Indian citizens from accepting any titles from any other foreign countries.
2. Right to Freedom (Article 19 – 22 )
Article 19 is giving various types of Freedoms.
Under Article 19(1), there are 6 Fundamental freedoms given to the citizens of India:
Under Article 19(1), there are 6 Fundamental freedoms given to the citizens of India:
- Freedom of Speech and Expression;
- Freedom to assemble peaceably and without arms;
- Freedom to form associations or Unions or [Cooperative Societies];
- Freedom to move freely throughout the territory of India;
- Freedom to reside and settle in any part of the territory of India;
- Freedom to practise any profession, or to carry any occupation, trade or business.
These above freedoms are not absolute; they are subject to reasonable restrictions.
Article 20 protects in respect of conviction for offences:
- Ex-post facto Laws: Laws made after the happening of an offence
- Double Jeopardy: No person shall be punished for an offence more than once.
- Self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.
Article 21 says that no person shall be deprived of his right to life and personal liberty except according to the procedure established by law. This right is available to the citizens and Foreigners both.
Article 22 of the constitution gives protection against arrest and detention. This article talks about minimum procedural requirements that must be included in any law enacted by the Legislature following which a person may be deprived of his life and personal liberty.
3. Right Against Exploitation (Article 23-24)
Article 23 prohibits traffic in human beings and forced labour. This is made a punishable offence under the law.
Article 24 prohibits the employment of children in factories. No child below the age of 14 years is allowed to work in any factory or mine or any other hazardous employment.
Article 24 prohibits the employment of children in factories. No child below the age of 14 years is allowed to work in any factory or mine or any other hazardous employment.
4. Right to Freedom of Religion (Article 25-28)
Article 25 of the constitution provides freedom of conscience and free profession, practice and propagation of religion. This article is subject to public order, morality and health.
Article 26 of the constitution gives the freedom to manage religious affairs to everyone. Every religious entity can establish institutions for religious and charitable purposes. They can also own property.
Article 26 of the constitution gives the freedom to manage religious affairs to everyone. Every religious entity can establish institutions for religious and charitable purposes. They can also own property.
Article 27 gives the freedom from payment of taxes for promotion and maintenance of any religion or religious institution.
Article 28 of the constitution bans the use the educational institutions which are funded by the state for the religious instructions. This provision won’t be invoked if the educational institution is run by a trust.
Article 28 of the constitution bans the use the educational institutions which are funded by the state for the religious instructions. This provision won’t be invoked if the educational institution is run by a trust.
5. Cultural and Educational Rights (Article 29-30)
This part of the constitution is important for the preservation of the diverse languages and different beliefs of the nation.
Article 29 guarantees the protection of language, script and culture for all the citizens of the country who are living in the country.
Article 30 of the constitution gives the right to establish and administer the educational institutions of the minorities.
Article 29 guarantees the protection of language, script and culture for all the citizens of the country who are living in the country.
Article 30 of the constitution gives the right to establish and administer the educational institutions of the minorities.
Right to Education is a fundamental right for children up to 14 years of age
6. Right to Constitutional Remedies (Article 32)
This is the most important right of the constitution of India as without this right all other rights will never work. This is the right to move to the Supreme Court for the enforcement of Fundamental Rights.
This article gives the right power to the Supreme Court to issue directions or orders or writs including writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of the rights given in part 3 of the constitution.
This article gives the right power to the Supreme Court to issue directions or orders or writs including writs like habeas corpus, mandamus, prohibition, quo warranto and certiorari for the enforcement of the rights given in part 3 of the constitution.
a. Habeas corpus is issued for the ultra Vires detention or imprisonment of a person by a private person or the government.
b. Mandamus means command. This writ commands the person to perform some public or quasi-public legal duty which he has refused to perform.
c. Prohibition is issued by the Supreme Court or High Court to lower court forbidding them to discontinue proceeding in a case which is outside its jurisdiction.
d. Certiorari is issued against the decision of a lower court quashing its decision where it is acting beyond its jurisdiction.
e. Quo Warranto is issued by the court when it enquires into the legality of the claim of a person to public office and if the office is found in wrong possession then that person is removed.
b. Mandamus means command. This writ commands the person to perform some public or quasi-public legal duty which he has refused to perform.
c. Prohibition is issued by the Supreme Court or High Court to lower court forbidding them to discontinue proceeding in a case which is outside its jurisdiction.
d. Certiorari is issued against the decision of a lower court quashing its decision where it is acting beyond its jurisdiction.
e. Quo Warranto is issued by the court when it enquires into the legality of the claim of a person to public office and if the office is found in wrong possession then that person is removed.
Article 33
Article 33 of the Fundamental right gives the power to the Parliament to determine to what extent any of the rights conferred by part 3 shall apply concerning:
- Members of the Armed Forces;
- Members of the forces charged with the maintenance of public order;
- Persons employed in intelligence agencies and another bureau;
- Persons employed in connection with the telecommunication systems set up for any Force, bureau or organization.
Article 34: Martial Law
Martial law means the suspension of ordinary laws and the government of a country or part of it by military tribunals. Article 34 of the constitution talks about the restriction on rights conferred by Part 3 while Martial law is in force in any area. This article gives the power to the parliament to make any law for indemnifying any person for acts done during the operation of martial law.
Article 35: Legislation to give effect to the provisions of Part 3
This article allows the parliament to make laws concerning the implementation of Article 16(3), 32 (3), 33 and 34. This also gives the parliament to decide the punishment for the violation of these offences.
Limitations on Fundamental Rights
Following articles acts as a limitation on the fundamental rights: Article 31-A, 31-B, 31-C, 33, 34 and 35.
Article 31-A was made to achieve the abolition of Zamindari.
Article 31-B was made to validate the acts and regulations under the 9th schedule.
Article 31-C was to save laws which give effect to the directive principles.
Article 31-A was made to achieve the abolition of Zamindari.
Article 31-B was made to validate the acts and regulations under the 9th schedule.
Article 31-C was to save laws which give effect to the directive principles.
