The issue of Fundamental Rights had been on the national agenda long before the actual task of Constitution-making was taken in hand. 

The Fundamental Rights provide protection only against the State action and do not safeguard against the action of private individuals, except the right pertaining to untouchability and the right against exploitation. In these two cases, Fundamental Rights are available both against the State and the individuals.

The State may deny some of the fundamental rights to a class of people as armed forces, para-military personnel, police, etc., in the interest of administrative efficiency or national integrity.   

Except the rights mentioned in Articles 20 and 21, President has the power to suspend the enforcement of Fundamental Rights.

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. Equality before the law implies that no one is above the law of the land.

However, the Constitution allows the following exceptions to the rule of equality before the law: (a) the President or the Governor of a state is not answerable to any Court for the exercise end performance of the powers and duties of office; (b) No criminal proceeding is to be instituted or continued against the President or a Governor in any Court during his term of office; (c) No civil proceeding in which relief is claimed against the President or the Governor can be instituted during his terms of office in any Court in respect of any act done by him in his personal capacity, before or after he entered the office of President or governor, until two months expire after notice in writing has been delivered to the President/Governor stating the nature of the proceedings, the cause of action, and other details.

These apart, other exceptions, such as in favour of foreign rulers and ambassadors, also exist in accordance with international standards.

Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth – Also, nothing in this article shall prevent the State from making any special provision for women and children and also for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

Article 16: Equality of opportunities in mattes of public employment – There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

It does not prevent the State from prescribing the necessary qualifications and selective tests for recruitment and Government services.

Then, there may be good reasons for reserving certain posts in a State for the residents only.

It also empowers the State to make special provision for the reservation of appointments or posts in favour of any backward class of citizens which in the opinion of State are not adequately represented in the services under the State.

It also provides for the reservation of seats in promotion for the Scheduled Castes and Scheduled Tribes.

Article 17: Abolition of untouchability – Untouchability is abolished and its practice in any form is forbidden.

Any contravention of the same is dealt under Protection of Civil Rights Act, 1955.

Article 18: Abolition of titles – No title, not being a military or academic distinction, shall be conferred by the State.

Bharat Ratna, Padma Vibhushan, Padma Bhushan, Padma Shri and other State awards are not regarded as titles in terms of Article 18(1) of the Constitution.

Clause (2) Prohibits a citizen of India from accepting any title from a foreign State.

Clause (3) provides that a foreigner holding any office of profit or trust under the State cannot accept any title from any foreign State without the consent of the President. This is to ensure loyalty to the government he serves for the time being and to shut out all foreign influence in Government affairs.

Clause (4) provides that no reason holding any office of profit under the State is to accept without the consent of the President, any present, emolument or office of any kind form or under any foreign State.

It is to be noted that there is no penalty prescribed for the infringement of the above prohibition. Article 18 is merely directory. It is, however, open to the Parliament to make a law for dealing with such a person who accents a title in violation of the prohibition prescribed in Article 18.

On Oct 12, 2005 Right to Information was made a constitutional Act with the hope of an era of better, more transparent, accountable and responsive governance. It marks a significant shift for Indian democracy with greater access to citizens to information and the greater responsiveness of the government to the society.

Right to Information is a corollary of the Fundamental Right of Freedom of Speech and Expression, Art 19(a).

A strong and independent Information Commission has been set up at the Centre on the pattern of Central Vigilance Commission.

The Central Information Commission shall consist of one Chief Information Commissioner (CIC) and not more than the Central Information Commissioners. They shall be appointed by the President on the recommendation of a Committee consisting of the PM, the leader of opposition in Lok Sabha and a Union Cabinet Minister to be nominated by the PM.

The CIC and other information Commissioners shall hold office for a term of 5 years or till they attain the age of 65 years, whichever is earlier. They shall not  be eligible for reappointment.

The Central Information Commission can fine an official Rs. 250 per day, with a maximum of Rs. 25,000, if information is delayed beyond stipulated 30 days.

Article 19: Protection of certain rights regarding freedom of speech etc. – It guarantees the citizens of India the following six fundamental freedoms:

a. Freedom of Speech and Expression

b. Freedom of Assembly.

c. Freedom of form Associations.

d. Freedom of Movement.

e. Freedom of Residence and Settlement.

f. Freedom of Profession, Occupation, Trade or Business.

Freedom of Press: The Indian Constitution does not provide for the freedom of press separately. It is implicit in Article 19. The restrictions that limit the freedoms in the case of individuals apply to the press also.

Article 20: Protection in respect of conviction for offences. No person shall be convicted of any offence for violation of the 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 commission of the offence. Thus the legislature is prohibited to make criminal laws having retrospective effects.

No person should be prosecuted and punished for the same offence more than once (double jeopardy).

No person accused of an offence shall be compelled to be a witness against himself. Under the frame of criminal jurisprudence, a person is presumed to be innocent and it is for the prosecution to establish his guild. Again, a person accused of an offence need not make any statement against his will.

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.

Personal freedom is secured by the Constitution by the judicial writ of habeas Corpus (Article 32 and 226).

The 86th Constitutional Amendment Act, 2002, has inserted in the Constitution a new article 21-A. It states that the state shall provide free and compulsory education to all children of he age of six to fourteen years in such manner as the State may, by law, determine.

Inferred Rights: They are the rights of the citizens which are not explicitly provided by the Constitution but have been derived by liberal interpretation of the various provisions of the Constitution. Some of the Inferred rights from Article 21 are:

Article 22: Protection against arrest and detention in certain cases: It states that : (a) no person who is arrested shall be detained in custody without being informed of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice; (b) every person who is arrested and detained shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.

The above safeguards are not, however, available to an enemy alien and a person arrested or detrained under a law providing for Preventive Detention.

Preventive Detention means `Detention of a person without trial’. Its objective is not to punish a man for having done something but to intercept him before he does it and to prevent him from doing it. The government is entitled to detain an individual under Preventive Detention only for two months. If it seeks to detain the arrested person for more than three months, it must obtain a report from an Advisory Board.

Parliament is empowered to prescribe, by law, the maximum period for which a person may be detained under a law of Preventive Detention.

Article 23: Prohibition of traffic in human beings and forced labour – Traffic in human beings and `begar’ (involuntary work without payment) and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.

Article 24: Prohibition of employment of children in factories etc. – No child below the age of 14 can be employed in any factory or mine or any other hazardous employment.

Right To Freedom Of Religion

Article 25: Freedom of conscience and free profession, practice and propagation of religion. This right is, however,  

subject to public order, morality and health and to the other.

provisions of Part III of the Constitution.

further, the State is empowered by law to regulate or restrict any economic, financial, political or other secular activity which may be associated with religious practice.

Article 26: Freedom to manage religious affairs – Subject to public order, morality and health, every religion shall have the right, (a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its own affairs in matters of religion; (c) to own and acquire movable and immovable property; (d) to administer such property in accordance with law.

Article 27: Freedom as to payment of taxes for promotion of any particular religion -  It provides that no person shall be compelled to pay any tax 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.

Clause (1) says that no religious instruction shall be provided in any educational institution wholly maintained out of State funds.

Clause (2) says that Clause (1) shall not apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.

Clause (3) says that no person attending any educational institution recognized by the State or receiving aid out of state funds shall be required to take part in any religious instruction that my be imparted in such institution or to attend any religious instruction that my be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Article 29: Protection of Interests of minorities.

(1) Any section of the citizens residing in the territory of India or in 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.

(1) All minorities, whether based on religion or language, shall have the right to establish ad administer educational institutions of their choice.

(2) The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Article 31: Omitted by the 44th Amendment Act, 1978.

Article 31-C makes a special provision that for the enforcement of the provisions contained in Article 39 (b) and (c), even though these are Directive Principles, the provisions of Articles 14 and 19 can be overlooked, though these are Fundamental Rights. This is to ensure aim of Social Welfare, which is a part of the Basic Structure of Indian Polity.

Article 32: The eight to move the Supreme Court in case of the violation of Fundamental Rights (called Soul and heart of the Constitution by Dr. B.R. Ambedkar).

To enforce the Fundamental Rights, The Supreme Court is empowered, under Article 32, to issue writs of various forms.

Forms Of Writs

Habeas Corpus

Liberally means `to have the body’. It implies that a person imprisoned or detained by the law can enquire under what authority he has been imprisoned or detained. The Court issues the writ against the authority concerned if the executive arrests someone without the authority of law or in contravention of procedure established by law.

Mandamus

Literally means a `command’ issued by the court commanding a person or a public authority to do or forbear to do something in the nature of public duty. The writ of mandamus can be issued by the Court to enforce Fundamental Rights; whenever a public officer or a Government has committed on act violating a person Fundamental Rights, the Court can restrain that authority from enforcing such orders or committing such an act.

The writ is issued against a private individual or organization unless the State is in collusion with such a party in contravening a Constitutional provision or a statute.

Quo Warranto

An order issued by the court to prevent a person from holding office to which he is not entitled and to oust him from that office.

For the writ of quo warranto to be issued, the office must be public, created by statute or by the Constitution, the office must be a substantive one, and there should have been a contravention of the Constitution or a statute in appointing the person to that office.

Prohibition

The writ of prohibition is issued by the Supreme Court or a High Court to an inferior Court forbidding the latter to continue proceedings in a case in excess of its jurisdiction or to usurp a jurisdiction which it is not legally vested.

The writ is not available against a public officer not vested with judicial or quasi-judicial functions. The Supreme Court can issue the writ only where a Fundamental Right is affected.

Certiorari

The writ of certiorari is issued to a lower Court after a case has been decided by it, quashing the decision or order. The objective it secure that the jurisdiction of an inferior Court of tribunals is properly exercised and that it does not usurp the jurisdiction which it does not possess.  

A tribunal is considered to have acted without jurisdiction if the Court is not properly constituted, where people not qualified to sit on it have pronounced judgement, where the decision has been obtained by fraud, collusion or corruption, or where the subject matter of enquiry is beyond the scope of the tribunal. Even if the Court acts within its jurisdiction, where an `error of law’ has been committed, a writ of certiorari can quash the decision.             

In short, while prohibition is available during the pendency of the proceedings and before the order is made, certiorari can be issued only after the order has been made, under similar circumstances.  

Suspendability of Fundamental Rights

When the President proclaims a National Emergency under Article 352, on grounds of war or external aggression (but not armed rebellion), the rights guaranteed by Article 19 are automatically suspended.

As regards with the suspension of any or all the other Fundamental Rights, the Constitution further empowers the President to issue a separate proclamation under Article 359.

By the 44th Amendment Act, 1978, the suspension of Articles 20 and 21 has been prohibited under any circumstances.

Therefore, the present position is that during the operation of National Emergency, the right to move the Court for the enforcement of any or all the Fundamental Rights excepting those guaranteed by Article 20 and 21, can be suspended by a Presidential proclamation.

ARTICLE 33 : POWER OF PARLIAMENT TO MODIFY THE RIGHTS CONFERRED BY THIS PART IN THEIR APPLICATION TO FORCES, ETC.
Parliament may, by law, determine to what extent any of the rights conferred by this Part shall, in their application to, –
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public order; or
(c) persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence; or
(d) persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c),
be restricted or abrogated so as to ensure the proper discharge of their duties and the maintenance of discipline among them.

ARTICLE 34 : RESTRICTION ON RIGHTS CONFERRED BY THIS PART WHILE MARITAL LAW IS IN FORCE IN ANY AREA
Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any person in respect of any act done by him in connection with the maintenance or restoration or order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

ARTICLE 35 : LEGISLATION TO GIVE EFFECT TO THE PROVISIONS OF THIS PART
Notwithstanding anything in this Constitution, –
(a) Parliament shall have, and the Legislature of a State shall not have, power to make laws –
(i) With respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be offences under this part,
and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii);
(b) any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (a) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament.
Explanation: In this article, the expression “law in force” has the same meaning as in article 372.