09 Aug Fundamental Rights

Fundamental Rights – UPSC Law Optional (Paper 1)

Table of Contents

1) Orientation & UPSC Exam Relevance

Fundamental Rights (FRs) in Part III of the Indian Constitution (Articles 12–35) are the core of constitutional adjudication, policy review, and rights discourse. In the UPSC Law Optional (Paper 1), examiners repeatedly test your ability to: (a) state the rule crisply, (b) map it to the correct Article(s), (c) attach a short case holding, and (d) apply it to a contemporary policy or fact situation. This note builds a practical, exam-ready view—doctrines, text, case-capsules, and answer skeletons—so your 15/20-marker is structured, accurate, and fast.

2) Constitutional Scheme: Articles 12–35 At a Glance

3) Right to Equality (Articles 14–18)

Article 14: Equality Before Law & Equal Protection

Article 14 prohibits arbitrariness and favours fairness. Two complementary strands operate:

• Reasonable Classification: A law may classify if (i) there is an intelligible differentia and (ii) a rational nexus with the objective. Classification cannot be illusory or under-inclusive/over-inclusive without justification.
• Non-Arbitrariness / Manifest Arbitrariness: Even without a classification, State action/law can fall if it is capricious, lacks adequate determining principle, or is disproportionate to aims.

Articles 15 & 16: Non-Discrimination & Public Employment

Article 15(1) forbids discrimination by the State on grounds only of religion, race, caste, sex, place of birth or any of them; Art. 15(2) extends horizontal reach to private entities in access to shops, public restaurants, roads etc.; Art. 15(3)–(6) enable special provisions (women/children; socially/educationally backward classes; EWS; educational admissions). Article 16 secures equal opportunity in public employment and permits reservations (16(4), 16(4A), 16(4B)).

Articles 17 & 18: Abolition

Art. 17 abolishes “untouchability” (in any form); offences are punishable. Art. 18 abolishes titles of nobility and restrains citizens from accepting foreign titles (honorary academic titles/decorations not being titles of nobility).

4) Right to Freedoms (Article 19): Content & Reasonable Restrictions

Article 19(1) grants six freedoms to citizens: (a) speech & expression, (b) assembly, (c) association, (d) movement, (e) residence, (g) profession/trade/business. These are subject to reasonable restrictions in clauses (2)–(6), tied to listed grounds and tested by proportionality.

19(1)(a): Speech & Expression

Restrictions under Art. 19(2) include sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, incitement to an offence, and integrity of the State. The modern test is proportionality (legitimate aim, suitability, necessity, balance) with sensitivity to chilling effects.

19(1)(b)–(c): Assembly & Association

Peaceful assembly (without arms) and association are protected; restrictions are permissible for public order, sovereignty/integrity. For associations, attention focuses on forced membership/dissociation in public employment and reasonable regulation of societies/unions.

19(1)(d)–(e): Movement & Residence

Citizens may move freely throughout India and reside anywhere; restrictions must be reasonable (e.g., public health, scheduled areas protection, security). Discriminatory barriers or blanket bans are suspect without narrow tailoring.

19(1)(g): Profession, Trade or Business

Reasonable restrictions in the interests of the general public allow licensing, qualifications, and partial prohibitions. The State may create monopolies in certain sectors. The proportionality test now guides scrutiny of regulatory burdens.

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5) Protection in Respect of Conviction for Offences (Article 20)

• Art. 20(1) – Ex post facto: No retrospective criminalisation or enhanced punishment for past acts.
• Art. 20(2) – Double jeopardy: No person shall be prosecuted and punished for the same offence more than once. (Departmental proceedings may stand apart.)
• Art. 20(3) – Self-incrimination: No compelled testimony; applies to “accused”; physical evidence (fingerprints, etc.) distinguished from testimonial compulsion; invasive tests require safeguards.

6) Right to Life & Personal Liberty (Articles 21, 21A, 22)

Article 21: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Post-Maneka Gandhi, “procedure” must be fair, just, and reasonable. Article 21 has generated a rich set of derivative rights:

• Due Process & Fairness: Procedural safeguards in arrest, detention, bail; humane prison conditions; no solitary confinement except narrowly; right against custodial torture (guidelines).
• Speedy Trial & Legal Aid: Delay undermines liberty; legal aid integral to fair trial.
• Livelihood & Shelter: Removal without hearing is suspect (Olga Tellis logic); urban governance must respect dignity.
• Environment: Life includes a clean, healthy environment; polluter pays; precautionary principle in appropriate contexts.
• Privacy: Recognised as fundamental; informational privacy, bodily autonomy, decisional autonomy; intrusions must pass proportionality.
• Reproductive autonomy & End-of-life: Dignity-based choices subject to statutory and procedural safeguards.

Article 21A: Right to Education

Free and compulsory education for children of ages 6–14; places a positive obligation on the State; interacts with admission policies and minority institution autonomy.

Article 22: Preventive Detention

Provides procedural safeguards (grounds of detention, representation, advisory boards) but relaxes some criminal law protections. Courts demand strict compliance with timelines and material disclosure, subject to security limitations.

7) Right Against Exploitation (Articles 23–24)

Art. 23 prohibits traffic in human beings, begar and other forced labour; applies horizontally too; compensation and rehabilitation are key. Art. 24 forbids employment of children below 14 years in factories, mines or hazardous employment (child protection statutes evolve the contours).

8) Freedom of Religion (Articles 25–28)

Art. 25 protects freedom of conscience and the right to freely profess, practice and propagate religion, subject to public order, morality, health and other FRs. Art. 26 recognises denominational rights to manage religious affairs. Art. 27 prohibits taxation for promotion of any particular religion. Art. 28 addresses religious instruction in educational institutions.

9) Cultural & Educational Rights (Articles 29–30)

Art. 29 protects interests of any section of citizens in conserving language, script or culture. Art. 30 grants minorities the right to establish and administer educational institutions of their choice, subject to reasonable regulations aimed at standards and excellence. Autonomy does not eliminate accountability; admission policies, fees, and affiliations remain subject to fairness and broader public interest.

10) Constitutional Remedies (Article 32 & Writs; Article 226)

Article 32 guarantees the right to move the Supreme Court for enforcement of FRs; Article 226 empowers High Courts to issue writs not only for FRs but also for “any other purpose” (broader reach). Remedies include five classic writs:

• Habeas Corpus: Produce the detained person; test legality of detention; quickest relief in illegal detention.
• Mandamus: Command to perform a public duty; requires legal right + public duty + failure to perform.
• Certiorari: Quashing order of inferior court/tribunal for lack of jurisdiction/error of law/apparent breach of natural justice.
• Prohibition: Prevents inferior court/tribunal from proceeding in excess of jurisdiction.
• Quo Warranto: Challenges a person’s right to hold a public office of substantive nature created by statute/Constitution.

11) Doctrines: Severability, Eclipse, Waiver, Horizontality & More

• Severability: If part of a statute is unconstitutional, courts sever the offending provision if the remainder can survive independently.
• Eclipse: A pre-constitutional law inconsistent with FRs is not void ab initio but eclipsed; it may revive if the FRs are amended removing the inconsistency.
• Waiver: FRs generally cannot be waived; courts resist State arguments that a citizen “consented” to violation.
• Overbreadth & Vagueness: Penal laws restricting speech/privacy failing precision invite invalidation.
• Horizontality: While most FRs are vertical (citizen v. State), some have horizontal reach (Art. 15(2)), and courts impose positive obligations on the State to protect against private harm (e.g., workplace dignity).

12) FRs vs DPSPs & Fundamental Duties: Harmonious Construction

Part IV (Directive Principles) guides State policy (non-justiciable) but influences interpretation of FRs; courts seek harmony, not hierarchy. Importantly, the balance between Parts III and IV is treated as part of the basic structure—neither can be annihilated. Fundamental Duties (Part IVA) encourage civic responsibility; they may inform restrictions and duties in limited contexts without overriding FRs.

13) Emergency & Fundamental Rights (Articles 358–359): What Changes?

• Article 358: On Proclamation of National Emergency (for war/external aggression), freedoms under Art. 19 stand suspended for the period, to the extent of emergency-related actions.
• Article 359: The President may suspend the right to move courts for enforcement of specified FRs (not the FRs themselves). Post-amendments, Arts. 20 & 21 cannot be suspended.
• Judicial review of Proclamations & material: Courts examine whether constitutional conditions for Emergency are objectively met; abuse is checked.

14) Case-Law Capsules to Memorise (1–2 line holdings)

• A.K. Gopalan → Maneka Gandhi: From formal “procedure established by law” to fair, just, reasonable due process (14–19–21 “golden triangle”).
• Hussainara Khatoon: Speedy trial integral to Article 21.
• Olga Tellis: Right to livelihood within Article 21; eviction without hearing violates due process.
• D.K. Basu: Arrest/detention guidelines to prevent custodial abuse.
• K.S. Puttaswamy (Privacy): Privacy is fundamental; proportionality governs intrusions.
• Shreya Singhal: Vague/overbroad speech offences unconstitutional; chilling effect analysis.
• Bijoe Emmanuel: Conscience protects silent non-participation (no compulsion to sing an anthem).
• T.M.A. Pai / P.A. Inamdar: Minority institutions’ autonomy balanced with regulatory standards; fee/admission transparency.
• PUDR / Bandhua: Forced labour includes underpayment; State duty to eradicate bonded labour.
• L. Chandra Kumar: Judicial review (Arts. 32/226) is basic structure; tribunals under HC oversight.

15) Previous Year Questions (Law Optional – FRs Focus)

• “Discuss the evolution of Article 21 from A.K. Gopalan to Maneka Gandhi. How has it reshaped the scope of fundamental rights?”
• “Analyse the tests of reasonable classification and manifest arbitrariness under Article 14 with suitable illustrations.”
• “Examine the scope of Article 19(1)(a). How do courts address vagueness and overbreadth in speech-restricting statutes?”
• “Explain the horizontal application of fundamental rights with reference to Article 15(2) and judicial approaches.”
• “Do Articles 29–30 grant absolute autonomy to minority educational institutions? Discuss with case-law.”
• “Write short notes: (a) Doctrine of eclipse (b) Writ of quo warranto (c) Article 359.”

16) Probable Questions (Upcoming Prelims & Mains)

Prelims-type (MCQ) – with Answer Keys

1. Which of the following is not a valid ground under Article 19(2)?
   (a) Public order (b) Decency or morality (c) National interest (d) Contempt of court

   Answer: (c) National interest (not a listed ground; see Art. 19(2) list).

2. Article 20(3) protects against:
   (a) Retrospective taxation (b) Compelled self-incrimination (c) Preventive detention (d) Double jeopardy

   Answer: (b). (Double jeopardy is 20(2) specifically.)

3. Article 21A ensures:
   (a) Right to Higher Education (b) Right to Education (6–14) (c) Right to Vocational Education (d) Right to Skill Training

   Answer: (b).

4. Quo warranto tests:
   (a) Detention legality (b) Public duty performance (c) Jurisdictional errors (d) Authority to hold public office

   Answer: (d).

5. Article 32 guarantees:
   (a) Judicial review only in HCs (b) A fundamental right to move SC for enforcement of FRs (c) Review of DPSPs (d) Tribunal appeals

   Answer: (b).

Mains-type (Analytical)

• “Proportionality has become the lingua franca of rights adjudication.” Explain with reference to Articles 14, 19 and 21.
• Evaluate the interface of privacy and national security in surveillance frameworks. Propose a constitutionally compliant model.
• “Reservations are an enabling power, not a mandate.” Analyse with reference to Articles 15 and 16 and the idea of creamy layer.
• Do emergency provisions permit the State to abrogate fundamental rights? Distinguish Articles 358 and 359 with examples.
• How do courts balance minority institutional autonomy with merit and transparency in admissions? Discuss with case-law.

17) Quick FAQs & Answer-Writing Tips