Fundamental Rights

Article 12 :Definition - In this Part, unless the context otherwise requires, "the State" includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India

Article 13 : Laws inconsistent with or in derogation of the fundamental rights -

  1. All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
  2. The State shall not make any law which takes away or abridges the rights conferred by nd any law made in contravention of this clause shall, to the extent of the contravention, be void.
  3. In this article, unless the context otherwise requires,
    1. "law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law
    2. "laws in force" includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
  4. Nothing in this article shall apply to any amendment of this Constitution made under article 368. (Inserted by the Constitution through Twenty-fourth Amendment in 1971)

Right to Equality

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.

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 - "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.

Article 18 : Abolition of titles -

  1. No title, not being a military or academic distinction, shall be conferred by the State.
  2. No citizen of India shall accept any title from any foreign State.
  3. No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
  4. No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

Right to Freedom

Article 19 : Protection of certain rights regarding freedom of speech, etc. All citizens shall have the right -

  1. To freedom of speech and expression
  2. To assemble peaceably and without arms
  3. To form associations or unions or co-operative societies
  4. To move freely throughout the territory of India
  5. To reside and settle in any part of the territory of India
  6. To practise any profession, or to carry on any occupation, trade or business.

Article 20 : Protection in respect of conviction for offences.

  1. No person shall be 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, nor be 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.
  2. No person shall be prosecuted and punished for the same offence more than once.
  3. No person accused of any offence shall be compelled to be a witness against himself.

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.

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.

Article 22 : Protection against arrest and detention in certain cases.

Right against Exploitation

Article 23 : Prohibition of traffic in human beings and forced labour.

  1. 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.
  2. 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.

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.

Right to Freedom of Religion

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

  1. Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
  2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law:-
    1. Regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice
    2. 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.

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 -

  1. To establish and maintain institutions for religious and charitable purposes
  2. To manage its own affairs in matters of religion
  3. To own and acquire movable and immovable property
  4. To administer such property in accordance with law

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 appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination.

Article 28 : Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Cultural and Educational Rights

Article 29 : Protection of interests of minorities -

  1. Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
  2. 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.

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

Article 31 : Compulsory acquisition of property.

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 31D : Saving of laws in respect of anti-national activities.

Right to Constitutional Remedies

Article 32 : Remedies for enforcement of rights conferred by this Part.

Article 32A : Constitutional validity of State laws not to be considered in proceedings under article 32.

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.

Article 35 :Legislation to give effect to the provisions of this Part.

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