Advocate Shagun Rohilla has written this comprehensive article explaining “Part 3 of the Indian Constitution”
Introduction to Part 3 of the Indian Constitution
Part 3 of the Indian Constitution is undoubtedly one of the most important and significant parts of the Constitution. It is also known as the Fundamental Rights chapter, which lays down the fundamental rights of Indian citizens. It is one of the most extensive parts of the Constitution and consists of various articles that define and describe the fundamental rights and liberties of Indian citizens.
The chapter on Fundamental Rights comprises Articles 12 to 35 of the Indian Constitution. These articles are based on the principles of justice, liberty, equality, and fraternity, which are the guiding principles of the Indian Constitution. Moreover, these fundamental rights are an essential component of the Constitution as they guarantee the citizens of India their basic rights and freedoms.
The fundamental rights under Part 3 of the Indian Constitution are classified into six categories. These categories are the Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and also Right to Constitutional Remedies.[1]
1) The Right to Equality
The Right to Equality enshrined in Articles 14 to 18 of the Indian Constitution guarantees equality before the law and equal protection of the laws. It prohibits discrimination on the grounds of religion, race, caste, sex, and place of birth. Article 14 of the Indian Constitution states that the state shall not deny any person equality before the law or equal protection of the laws within the territory of India. Article 15 prohibits discrimination on the grounds of religion, race, caste, sex, and place of birth.[2]
(a) Article 14 of the Indian Constitution
Article 14 of the Indian Constitution provides that the state shall not deny any person equality before the law or equal protection of the laws within the territory of India. This means that every citizen of India is equal before the law and entitled to equal protection of the law. The state cannot discriminate against any citizen based on any grounds mentioned under Article 14.[3]
There have been several recent cases that have dealt with the interpretation and application of Article 14. Here are a few notable ones:
- Navtej Singh Johar v. Union of India (2018): In this landmark case, the Supreme Court struck down Section 377 of the Indian Penal Code, which criminalized homosexual activity. The Court held that Section 377 violated the right to equality and dignity under Article 14 of the Constitution.
- Indian Young Lawyers Association v. State of Kerala (2018): In this case, the Supreme Court allowed women of all ages to enter the Sabarimala temple in Kerala. The Court held that the practice of barring women between the ages of 10 and 50 from entering the temple was discriminatory and violated the right to equality under Article 14.
- State of Punjab v. Davinder Singh (2020): In this case, the Supreme Court struck down a provision of the Punjab Excise Act, which required bars and restaurants to obtain a license to serve alcohol. The Court held that the provision was arbitrary and violated the right to equality under Article 14.
(b) Article 15 of the Indian Constitution
Article 15 under part 3 of the Indian Constitution prohibits discrimination on the grounds of religion, race, caste, sex, and place of birth. It states that the state shall not discriminate against any citizen based on these grounds. This article is an important provision as it provides for the protection of minority communities and also ensures that they are not discriminated against based on their religion, race, caste, sex, or place of birth.[4]
In the case of State of Kerala v. N.M. Thomas, the Supreme Court of India held that the prohibition against discrimination under Article 15 also extends to employment opportunities. The court held that the state cannot discriminate against any citizen in the matter of employment based on the grounds mentioned under Article 15.
The Indian government has launched several schemes to promote the right to equality and to ensure that it treats every citizen of India equally. The National Rural Employment Guarantee Act, 2005, aims to provide employment opportunities to every citizen of India and ensures that there is no discrimination based on caste, religion, or gender. The scheme provides a minimum of 100 days of employment to rural households.
The Beti Bachao, Beti Padhao Yojana is another government scheme that aims to promote gender equality and eliminate discrimination against the girl child. The scheme focuses on improving the status of the girl child in society and encourages parents to educate their daughters.
To know everything about the Right to equality under Indian Constitution Read here
2) The Right to Freedom
The Right to Freedom enshrined in Articles 19 to 22 of the Indian Constitution guarantees the freedom of speech and expression, assembly, association, movement, and residence. It also guarantees the right to practice any profession, occupation, trade, or business. Article 21 of the Indian Constitution guarantees the right to life and personal liberty, which is one of the most essential fundamental rights.[5]
Article 19 of the Indian Constitution-Protection of certain rights regarding freedom of speech
The Right to Freedom of Speech and Expression, guaranteed under Article 19(1)(a) of the Constitution, is a cornerstone of democracy. It allows citizens to freely express their thoughts, opinions, and ideas, which is essential for the functioning of a democratic society. However, this right is not absolute, and the state can impose reasonable restrictions in the interest of public order, morality, and security.[6]
Landmark Case Laws
In the landmark judgment of Kedar Nath Singh v. State of Bihar (1962), the Supreme Court of India held that criticism of the government, however strong, is not sedition unless it incites violence or public disorder. Many people have widely recognized this judgment as a significant contribution to protecting freedom of speech and expression in India.
Similarly, the Right to Freedom of Assembly, guaranteed under Article 19(1)(b) of the Constitution, enables citizens to peacefully assemble and protest against the government’s policies or actions. However, this right is subject to reasonable restrictions in the interest of public order and morality.[7]
In the case of the Indian Young Lawyers Association v. State of Kerala (2018), the Supreme Court held that the right to peaceful protest is a fundamental right, and also any attempt to stifle or suppress peaceful protest amounts to a violation of this right.
The Right to Freedom of Association, guaranteed under Article 19(1)(c) of the Constitution, allows citizens to form and join associations or groups of their choice. This right is also subject to reasonable restrictions in the interest of public order and morality.[8]
The Right to Freedom of Movement and Residence, guaranteed under Article 19(1)(d) of the Constitution, allows citizens to move freely within the country and settle in any part of the country. However, this right is subject to reasonable restrictions in the interest of public order, morality, and security.
The Right to Freedom to Practice any Profession, Occupation, Trade or Business, guaranteed under Article 19(1)(g) of the Constitution, enables citizens to pursue their chosen profession or occupation freely. However, this right is subject to reasonable restrictions in the interest of public order, morality, and security.
Article 20 of the Indian Constitution
Article 20 of the Indian Constitution provides for the protection of certain rights in criminal proceedings. It states that 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.
The Article also provides that no person shall be prosecuted and punished for the same offence more than once and that no person accused of any offence shall be compelled to be a witness against himself. Additionally, it states that no person shall be deprived of his life or personal liberty except according to a procedure established by law.
Moreover, Article 20 is an important safeguard against arbitrary or retrospective legislation, double jeopardy, self-incrimination, and violation of the right to life and personal liberty. It upholds the principle of fairness and justice in criminal proceedings and ensures that individuals are not unfairly punished or deprived of their rights.
Article 21 of the Indian Constitution
The Right to Life and Personal Liberty, guaranteed under Article 21 of the Constitution, is one of the most fundamental and essential fundamental rights. This right protects the life and personal liberty of every citizen and also ensures that the state cannot arbitrarily deprive a person of their life or personal liberty.[9]
In the landmark judgment of Maneka Gandhi v. Union of India (1978), the Supreme Court held that the right to life and personal liberty includes various rights such as the right to travel abroad, the right to privacy, and the right to a fair trial.
The Indian government has also launched various schemes to protect and promote the Right to Freedom. For instance, the Right to Information Act, 2005, enables citizens to access information held by public authorities. This Act is a significant step towards ensuring transparency and accountability in governance.
Additionally, the Digital India initiative launched by the government aims to provide citizens with digital infrastructure and services, which enables them to exercise their right to freedom more effectively. The initiative aims to bridge the digital divide and create a digitally empowered society.
Article 22 of the Indian Constitution
Article 22 of the Indian Constitution guarantees certain rights to persons who are arrested or detained. These rights are as follows:
- Right to be informed of the grounds of arrest: Every person who is arrested shall be informed as soon as possible of the grounds of his arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.
- Right to be produced before a magistrate: Every person who is arrested and detained in custody 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.
- Right to consult a legal practitioner: Every person who is arrested and detained in custody shall be entitled to consult and be defended by a legal practitioner of his choice.
- Right to be released on bail: Every person who is arrested and detained in custody shall be entitled to bail, except in cases of serious offences.
- Protection against self-incrimination: No person who is arrested shall be compelled to be a witness against himself.
These rights are an essential safeguard against arbitrary arrest and detention and ensure that a person’s liberty is protected even when he or she is in custody.
3) The Right against Exploitation
The Right against Exploitation enshrined in Articles 23 and 24 of the Indian Constitution prohibits trafficking in human beings, forced labour, and employment of children below the age of 14 years in hazardous industries.
Article 23 of the Indian Constitution
Article 23 of the Indian Constitution prohibits traffic in human beings and forced labour. The provision prohibits “Traffic in human beings and begar and also other similar forms of forced labour,” and the law punishes any contravention of this provision. This provision aims to prevent the exploitation of individuals through forced labour and the trafficking of human beings.
Article 24 of the Indian Constitution
Article 24 of the Indian Constitution prohibits the employment of children below the age of 14 years in hazardous industries. The provision states that “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.” This provision aims to prevent the exploitation of children who are often forced to work in hazardous conditions, which also endanger their health and safety.[11]
The Right against Exploitation has been reinforced through various landmark judgments by the Indian judiciary. In M.C. Mehta v. State of Tamil Nadu (1996), the Supreme Court of India banned the employment of children in matchbox manufacturing factories due to the hazardous nature of the work. The court held that the employment of children in such industries was violative of Article 24 of the Constitution and the provisions of the Child Labour (Prohibition and Regulation) Act, 1986.
Introduction of various schemes to prevent and combat exploitation
The Indian government has also introduced various schemes to prevent and combat exploitation. The National Child Labour Project (NCLP) aims to rehabilitate children rescued from hazardous industries and provide them with education and vocational training. The NCLP has been implemented in various states across India and has been successful in rehabilitating thousands of children.
The government has also launched the Beti Bachao Beti Padhao (Save the Girl Child, Educate the Girl Child) scheme, which aims to prevent female infanticide and promote the education of girl children. The scheme aims to address the issue of gender discrimination and ensure that every girl child is given equal opportunities to pursue education and realize her potential.
The government has also introduced the Trafficking of Persons (Prevention, Protection and Rehabilitation) Bill, 2018, which aims to prevent and combat the trafficking of human beings. The bill proposes stringent penalties for those involved in trafficking and provides for the rehabilitation and reintegration of victims of trafficking.
4) Right to Religion
The Right to Freedom of Religion enshrined in Articles 25 to 28 under part 3 of the Indian Constitution guarantees the freedom of conscience and the right to freely profess, practice, and propagate any religion. It also prohibits any discrimination on the grounds of religion.[10]
Article 25 to Article 28 of the Indian Constitution guarantees the right to freedom of religion to all the citizens residing within the territorial boundaries of the country.
- Freedom of conscience and free profession of religion( Article 25)
- Freedom to manage religious affairs (Article 26)
- Freedom from payment of taxes for the promotion of any particular religion( Article 27)
- Freedom to attend religious instructions ( Article 28)
Read More about the Right to Religious Freedom here
5) The Cultural and Educational Rights
The Cultural and Educational Rights enshrined in Article 29 and 30 of the Indian Constitution guarantees the rights of the minority communities to preserve their language, script, and culture. It also guarantees the right of minorities to establish and administer educational institutions.[12]
The Cultural and Educational Rights enshrined in Articles 29 and 30 of the Indian Constitution are aimed at safeguarding the cultural and educational interests of the minority communities in India. These rights are critical for the preservation and promotion of the diversity and pluralism that are the hallmark of Indian society.[13]
Article 29 of the Indian Constitution
Article 29 of the Indian Constitution provides that any section of the citizens of India having a distinct language, script, or culture has the right to conserve the same. This article is aimed at protecting the linguistic and cultural diversity of India. It also ensures that minority communities have the freedom to preserve their language, script, and culture without any interference from the majority community or the state.[14]
Article 30 of the Indian Constitution
Article 30 of the Indian Constitution guarantees the right of minorities to establish and administer educational institutions of their choice. Moreover, this article recognizes the importance of education in the development and progress of any community. It also ensures that minority communities have the freedom to establish and manage their educational institutions without any interference from the state.
The Indian judiciary has interpreted and expanded the cultural and educational rights enshrined under Articles 29 and 30 of the Indian Constitution through various landmark judgments.
In the case of TMA Pai Foundation v. State of Karnataka, the Supreme Court of India held that the right to establish and administer educational institutions is not only available to religious minorities but also to linguistic minorities. The court also observed that linguistic minorities also have the right to establish and administer educational institutions of their choice.
In the case of Azeez Basha v. Union of India, the Supreme Court held that minority educational institutions have the right to appoint teachers of their choice. The court also observed that the right to administer the educational institution includes the right to appoint teachers of the minority community who can impart education in their language and culture.
The Indian government has also introduced various schemes and initiatives aimed at promoting the cultural and educational rights of the minority communities in India. One such scheme is the Maulana Azad National Fellowship for Minority Students. This scheme provides financial assistance to minority students pursuing higher education such as MPhil and PhD.
The government has also established institutions such as the National Commission for Minority Educational Institutions to safeguard the rights of minority communities in the field of education. This commission is responsible for monitoring and regulating the establishment and administration of minority educational institutions in India.
6) The Right to Constitutional Remedies
The Right to Constitutional Remedies enshrined in Article 32 under part 3 of the Indian Constitution guarantees the right to move to the Supreme Court of India for the enforcement of fundamental rights.[15]
The right to constitutional remedies enables individuals to seek legal redressal for any violation of their fundamental rights. Citizens have the right to approach the Supreme Court directly if any authority, whether it is the state or private individuals, violates or threatens their fundamental rights. This right empowers them to do so. The Supreme Court, through its powers of judicial review, can declare any law or action of the state as unconstitutional if it violates the fundamental rights of citizens.[16]
ADM Jabalpur v. Shivakant Shukla 1976
One of the most famous cases that dealt with the right to constitutional remedies is the case of ADM Jabalpur v. Shivakant Shukla (1976). In this case, during the Emergency imposed by the government in 1975, several individuals were arrested and detained without trial. The question before the court was whether the right to move to the Supreme Court for the enforcement of fundamental rights was available during the Emergency. The court, in a majority decision, held that the right to constitutional remedies is not available during an Emergency. Legal experts criticized this decision, and it is considered one of the darkest moments in the history of the Indian judiciary.
Maneka Gandhi v. Union of India 1978
However, the court in subsequent cases has reaffirmed the importance of the right to constitutional remedies. In the case of Maneka Gandhi v. Union of India (1978), the court held that the right to life and personal liberty under Article 21 of the Constitution is not limited to mere survival but includes the right to live with dignity. The court also held that the procedure established by law should be just, fair, and reasonable.
Kesvanand Bharti v. State of Kerala 1973
In the case of Kesavananda Bharati v. State of Kerala (1973), the court held that the power of judicial review is an essential feature of the Constitution and is a basic feature of the Constitution that cannot be altered. The court also held that the Constitution is supreme and that no law can be above the Constitution.
Introduction of Various Schemes to protect Rights under Part 3 of the Indian Constitution
The government of India has also introduced various schemes to ensure the effective implementation of the right to constitutional remedies. The Legal Services Authorities Act, 1987, ensures that the weaker sections of society receive free legal services and that poverty cannot be a reason to deny anyone legal aid. The Act also established the National Legal Services Authority (NALSA), which provides legal aid and assistance to marginalized sections of society.
The government has also introduced the Right to Information Act, 2005, which enables citizens to access information from the government and ensures transparency and accountability in governance. Individuals have widely used this Act to hold the government accountable, and it has been instrumental in empowering citizens.
The Indian Constitution guarantees fundamental rights under Part 3, but the state can impose reasonable restrictions in the interest of public order, morality, and security as they are not absolute. The Constitution also provides for the suspension of fundamental rights during an emergency.[17]
The fundamental rights guaranteed under Part 3 of the Indian Constitution have played a significant role in shaping Indian society and polity. Moreover, the citizens of India have used these rights to assert their freedoms and to check against the arbitrary exercise of power by the state.
However, various social and political issues have arisen due to instances where the violation or curtailment of fundamental rights has occurred. For instance, the Emergency imposed by the government in 1975 led to the suspension of fundamental rights and the curtailment of civil liberties.
Conclusion–Part 3 of the Indian Constitution
In conclusion, the study of Part 3 of the Indian Constitution is crucial for understanding the fundamental rights guaranteed to every citizen of India. This comprehensive study has provided insights into the historical context, evolution, interpretation, and implementation of these rights. The study has also highlighted the challenges faced in protecting these rights and the need for continuous vigilance to ensure their preservation. Moreover, Part 3 of the Indian Constitution has played a pivotal role in shaping India’s democracy and providing a framework for the protection of citizens’ rights. Through this study, we can appreciate the significance of fundamental rights in safeguarding the values of liberty, equality, and justice. It is also evident that the interpretation and implementation of these rights must be dynamic and adapt to changing societal needs.
[1] The Constitution Of India, Government of India, Ministry of Law and Justice, Legislative Department. (2019) Accessed at https://legislative.gov.in/sites/default/files/COI-updated.pdf.
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[3] The Constitution Of India, Government of India, Ministry of Law and Justice, Legislative Department. (2019) Accessed at https://legislative.gov.in/sites/default/files/COI-updated.pdf.
[4]id
[5]The Constitution Of India, Government of India, Ministry of Law and Justice, Legislative Department. (2019) Accessed at https://legislative.gov.in/sites/default/files/COI-updated.pdf.
[6]id
[7]The Constitution Of India, Government of India, Ministry of Law and Justice, Legislative Department. (2019) Accessed at https://legislative.gov.in/sites/default/files/COI-updated.pdf.
[8]The Constitution Of India, Government of India, Ministry of Law and Justice, Legislative Department. (2019) Accessed at https://legislative.gov.in/sites/default/files/COI-updated.pdf.
[9]id
[10] The Constitution Of India, Government of India, Ministry of Law and Justice, Legislative Department. (2019) Accessed at https://legislative.gov.in/sites/default/files/COI-updated.pdf.
[11] id
[13]The Constitution Of India, Government of India, Ministry of Law and Justice, Legislative Department. (2019) Accessed at https://legislative.gov.in/sites/default/files/COI-updated.pdf.
[14]The Constitution Of India, Government of India, Ministry of Law and Justice, Legislative Department. (2019) Accessed at https://legislative.gov.in/sites/default/files/COI-updated.pdf.
[15] id
[16]The Constitution Of India, Government of India, Ministry of Law and Justice, Legislative Department. (2019) Accessed at https://legislative.gov.in/sites/default/files/COI-updated.pdf.
[17] id
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