Fundamental Rights

All the fundamental rights have been classified under the following six categories:

•  Right to be Equality (Art.14-18)

•  Right to Freedom (Art.19-22)

•  Right against Exploitation (23-24)

•  Right to Freedom of Religion (Art.25-28)

•  Cultural and Educational Rights (Art.29-30)

Article 12 : Definition

•  In this article the definition of state with respect to Part III is given.

•  The State” includes 

• The Government and Parliament of India

• The Government and the Legislature of each of the States

•  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

•  This article provides shield to fundamental rights against laws which are inconsistent with or in derogation of any of the Fundamental Rights

• . According to article 13, 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 Part III, shall, to the extent of such inconsistency, be void.

•  The State shall not make any law which takes away or abridges the rights conferred by this Part III.

•  Any law made in contravention of this clause shall, to the extent of the contravention, be void.In this article,

•  “Law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law.

•  “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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed.

•  Thus, Article 13 imposes an obligation on the State to respect and implement the Fundamental Rights and provides Judiciary, the power of Judicial Review. 

Article 14 : Equality Before Law

• According to this article state shall not deny to any person equality before the law orthe equal protection of the laws within the territory of India.

Equality Before the Law

•  It is a negative concept, where no man is above law. It ensures juristic equality under the constitution. Equality is antithetic to arbitrariness. Equality and arbitrariness are sworn enemies.

•  But certain exceptions to it are, the president of India, state governors, Publicservants, Judges, Foreign diplomats, etc., who enjoy immunities, protections, and special privileges.

Equal Protection of Law

•  It is a positive concept, which says that laws shall be applied equally among individuals who are placed equally. It means like should be treated alike.

Rule of Law

•  The guarantee of Equality before Law is an aspect of, what Lord Dicey calls, the Rule of Law that originated in England. It means no man is above law and that every person, whatever be his rank or status is subject to the jurisdiction of ordinary Courts. It also says that no person shall be subject to harsh, uncivilized or discriminatory treatment even for the sake of maintaining law and order.

Meaning of Rule of Law

There are three basic meaning of Rule of Law:

• Absence of Arbitrary power.

•  Equality before law – No one is above law

• The Constitution is the Supreme Law of the land and all laws passed by the legislature must be consistent with the provisions of the Constitution. 

Article 15: Prohibition of Discrimination on Grounds of Religion, Race, Caste,

•  This article deals with Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth

•  The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.

•  No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, restriction or condition with regard to:

•  Access to shops, public restaurants, hotels and places of public entertainment

•  The use of wells, tanks, bathing Ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

•  Under Article 15 (3) and (4), the government can make special provisions for women & children and for a group of citizens who are economically and socially backward.

•  This also brings in the concept of Reservation for socially and economically backward classes.

•  Nothing in this article shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.

• By 101st Constitutional amendment act the Parliament has added one more exception. That is a special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by