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Fundamental Rights : Part III (Articles 12-35)

Last updated on June 12, 2024 by Alex Andrews George

The fundamental rights were included in the constitution because they were considered essential for the development of the personality of every individual and to preserve human dignity.

All people, irrespective of race, religion, caste, or sex, have been given the right to move the Supreme Court and the High Courts for the enforcement of their fundamental rights. Seven categories of Fundamental Rights are covered by Articles 12-35.

Part III of the Indian Constitution talks about Fundamental Rights.

Table of Contents

Fundamental Rights

These rights are essential for the protection of individual liberties and act as a check on the power of the government. The Constitution of India recognizes the following fundamental rights:

• Right to Equality (Articles 14-18): This includes equality before the law, prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth, and equality of opportunity in matters of public employment.
• Right to Freedom (Articles 19-22): This encompasses the right to freedom of speech and expression , assembly, association, movement, residence, and the right to practice any profession, occupation, trade, or business.
• Right against Exploitation (Articles 23-24): This includes the prohibition of forced labor, child labor, and trafficking of human beings.
• Right to Freedom of Religion (Articles 25-28): This guarantees the freedom to practice, profess, and propagate any religion, subject to public order, morality, and health.
• Cultural and Educational Rights (Articles 29-30): These provide for the protection of the interests of minorities in terms of culture, language, and education.
• Right to Constitutional Remedies (Article 32): This grants individuals the right to move to the Supreme Court for the enforcement of their fundamental rights. It is considered the “heart and soul” of the Constitution.

Additionally, Article 35 allows the Parliament to enact laws to give effect to the provisions of fundamental rights and to restrict their scope in certain circumstances.

Also read: SC Judgment on Climate Change: Recognizing the Right to a Healthy Environment

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Article 12: Definition

In this Part, unless the context otherwise required, “the State” includes the Governmental 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 this Part and 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 required, –

(a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom, or usage having in the territory of India the force of law; (b) “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.

Fundamental Rights in Detail

It’s important to note that fundamental rights are not absolute and can be subject to reasonable restrictions in the interest of public order, morality, security, and other specified factors. The Constitution also provides for the suspension of certain fundamental rights during a state of emergency .

Right to Equality

Article 14: equality before the 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

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

(2) No citizen shall, on the ground only of religion, race, caste, sex, place of birth, or any of them, be subject to any disability, liability, restriction, or condition about –

(a) access to shops, public restaurants, hotels, and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, roads, and places of public resort maintained whole or partly out of State funds or dedicated to the use of the general public.

(3) Nothing in this article shall prevent the State from making any special provision for women and children.

(4) Nothing in this article or in clause (2) or Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or the Scheduled Castes and the Scheduled Tribes.

Article 16: Equality of opportunity in matters of public employment

(1) There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.

(2) No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence, or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.

(3) Nothing in this article shall prevent Parliament from making any law prescribing, regarding a class or classes of employment or appointment to an office under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory before such employment or appointment.

(4) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favor of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State.

(4A) Nothing in this article shall prevent the State from making any provision for reservation in matters of promotion to any class or classes of posts in the services under the State in favor of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.

(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination.

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 offense punishable by the 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..

(1) All citizens shall have the right-

(a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade, or business.

(2) Nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law, or prevent the State from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or about contempt of court, defamation or incitement to an offense.

(3) Nothing in sub-clause (b) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interest of the sovereignty and integrity of India or public order, reasonable restrictions on the right conferred by the said sub-clause.

(4) Nothing in sub-clause (c) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the sovereignty and integrity of India or public order or morality, reasonable restrictions on the exercise of the right conferred by the said sub-clause.

(5) Nothing in sub-clause (d) and (e) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, reasonable restrictions on the exercise of any of the rights conferred by the said sub-clauses either in the interests of the general public or for the protection of the interests of any Schedule Tribe.

(6) Nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the State from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent the State from making any law relating to, –

(i) the professional or technical qualifications necessary for practicing any profession or carrying on any occupation, trade or business, or (ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade, business, industry, or service, whether to the exclusion, complete or partial, of citizens or otherwise.

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, not 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:  Fundamental Rights 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

(1) No person who is arrested shall be detained in custody without being informed, as soon as may be, 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.

(2) Every person who is arrested and detained in custody shall be produced before the nearest magistrate within 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.

(3) Nothing in clauses (1) and (2) shall apply –

(a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.

(4) No law providing for preventive detention shall authorize the detention of a person for a longer period than three months unless –

(a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointed as Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorize the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or (b) such a person is detained by the provisions of any law made by Parliament under sub-clauses (a) and (b) of clause (7).

(5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.

(6) Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.

(7) Parliament may by law prescribe –

(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board by the provisions of sub-clause (a) of clause (4); (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board in an inquiry under sub-clause (a) of clause (4).

Right against Exploitation

Article 23: prohibition of traffic in human beings and forced labor.

(1) Traffic in human beings and begar and other similar forms of forced labor are prohibited and any contravention of this provision shall be an offence punishable by the 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, practice and propagate religion.

(2) Nothing in this article shall affect the operation of any existing law or prevent the State from making any law –

(a) regulating or restricting any economic, financial, political, or other secular activity which may be associated with religious practice; (b) 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.

Explanation I: The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion.

Explanation II: In sub-Clause (b) of clause (2), the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina, or Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

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 –

(a) to establish and maintain institutions for religious and charitable purposes; (b) to manage its affairs in matters of religion; (c) to own and acquire movable and immovable property; and (d) to administer such property by the law.

Article 27: Freedom as to payment of taxes for the 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

(1) No religious instruction shall be provided in any educational institution wholly maintained out of State funds.

(2) Nothing in clause (1) shall apply to an educational institution that 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.

(3) 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 may 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 minor, his guardian has given his consent thereto.

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

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

(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority, referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.

(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: Compulsory acquisition of property*

This Article was deleted from Part III of the Constitution by the  Constitution (Forty-fourth Amendment) Act, 1978 , and a modified version was inserted as Article 300A.

Article 31A: Saving of laws providing for the acquisition of estates, etc.

(1) Notwithstanding anything contained in Article 13, no law providing for –

(a) the acquisition by the State of any estate or of any rights therein or the extinguishment or modification of any such rights, or (b) the taking over of the management of any property by the State for a limited period either in the public interest or to secure the proper management of the property, or (c) the amalgamation of two or more corporations either in the public interest or to secure the proper management of any of the corporations, or (d) the extinguishment or modification of any rights of managing agents, secretaries, and treasurers, managing directors, directors or managers of corporations, or any voting rights of share-holders thereof, or (e) the extinguishment or modification of any rights accruing by any agreement, lease, or license to search for, or win, any mineral or mineral oil, or the premature termination or cancellation of any such agreement, lease, or license, shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19: Provided that where such law is a law made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent: Provided further that where any law makes any provision for the acquisition by the State of any estate and where any land comprised therein is held by a person under his cultivation, it shall not be lawful for the State to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.

(2) In this article, –

(a) the expression “estate” shall, about any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenure in force in that area and shall also include –

(i) any jagir, inam or mafia or other similar grant and in the States of Tamil Nadu and Kerala, any janmam right; (ii) any land held under ryotwari settlement; (iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites of buildings and other structures occupied by cultivators of land, agricultural laborers, and village artisans;

(b) the expression “rights”, about an estate, shall include any rights vesting in a proprietor, sub-proprietor, under-proprietor, tenure-holder, raiyat, under-raiyat or other intermediary and any rights or privileges in respect of land revenue.

Article 31B: Validation of certain Acts and Regulations

Without prejudice to the generality of the provisions contained in article 31A, none of the Acts and Regulations specified in the Ninth Schedule nor any of the provision thereof shall be deemed to be void, or even to have become void, on the ground that such Act, Regulation or provision is inconsistent with, or takes away or abridges any of the rights conferred by, any provisions of this part, and notwithstanding any judgment, decree or order of any court or tribunal to the contrary, each of the said Acts and Regulations shall, subject to the power of any competent Legislature to repeal or amend it, continue in force.

Article 31C: Saving of laws giving effect to certain directive principles

Notwithstanding anything contained in Article 13, no law giving effect to the policy of the State towards securing all or any of the principles laid down in Part IV shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19; and no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy : Provided that where such law is made by the Legislature of a State, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the President, has received his assent.

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

This provision was not included in the Constitution of India 1950. It was later inserted by the  Constitution (Forty-second Amendment) Act, 1976 , and subsequently deleted by the  Constitution (Forty-third Amendment) Act, 1977 .

Right to Constitutional Remedies

Article 32: remedies for enforcement of rights conferred by this part.

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have the power to issue directions or orders or writs , including writs like habeas corpus, mandamus, prohibition, quo warranto, and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

(3) Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).

(4) The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

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

This provision was not included in the Constitution of India, 1950. It was inserted into the Constitution via the  Constitution (Forty-second Amendment) Act, 1976 , and subsequently deleted by the  Constitution (Forty-third Amendment) Act, 1977 .

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 organization established by the State for purposes of intelligence or counterintelligence; or (d) persons employed in, or in connection with, the telecommunication systems set up for any Force, bureau, or organization referred to in clauses (a) to (c), be restricted or abrogated 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 martial 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 allows the Parliament to enact laws to give effect to the provisions of fundamental rights and to restrict their scope in certain circumstances.

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) Concerning 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 concerning 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.

The framers of the Indian Constitution aimed to create a just and equitable society where every citizen enjoys certain basic fundamental rights and freedoms. The judiciary plays a crucial role in safeguarding and interpreting fundamental rights, ensuring that they are upheld and protected in the spirit of the Constitution.

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About Alex Andrews George

Alex Andrews George is a mentor, author, and social entrepreneur. Alex is the founder of ClearIAS and one of the expert Civil Service Exam Trainers in India.

He is the author of many best-seller books like 'Important Judgments that transformed India' and 'Important Acts that transformed India'.

A trusted mentor and pioneer in online training , Alex's guidance, strategies, study-materials, and mock-exams have helped many aspirants to become IAS, IPS, and IFS officers.

Reader Interactions

July 31, 2016 at 8:40 pm

is the app is free of cost to use

July 31, 2016 at 8:44 pm

Yes, absolutely.

December 13, 2016 at 11:51 am

please provide mcq questions on part 3 of the constitution

April 2, 2018 at 4:21 pm

plzplzplz somebody tell me what would be answer of “Outline the socio-economic aspects of indian constitution along with relevant articles” in 75 words

February 1, 2022 at 12:09 pm

Go through article 38 ,,,more over Preamble also provides for social and economic justice ,,

November 23, 2022 at 7:05 pm

What is judicial review

August 19, 2018 at 6:15 pm

Pls mention Writ of HC and SC ….under 32 article

July 21, 2019 at 8:48 pm

This article is nice

July 1, 2021 at 7:12 pm

Writ is nothing but a legal order to do or not to do issued by court of law.people can use writ petition in supreme court (art 32) and high court (art 226) when they were not allowed to enjoy their fundamental rights.

August 9, 2019 at 3:57 pm

sir, article 15 clause (5) is missing

November 7, 2019 at 2:52 pm

even i could have copied the text of the COI

November 16, 2019 at 9:49 am

Very easy to learning …..thank you🙏

December 19, 2020 at 9:05 am

1- habeaus corpus 2-mandamus 3-quo warranto 4-prohibition 5-cartiararay

May 7, 2021 at 2:54 pm

Wohooos . This is so cool , this is well explained and summarised at same time. 🎉🥳

July 29, 2021 at 8:56 am

Excellent explanation

July 31, 2021 at 11:55 pm

January 4, 2022 at 12:23 am

IAS AND PCS JUSTICES IN UTTAR PRADESH INDIA They are unfit, unskilled, barbarians not qualified to interpret and apply the law, they take bribes to apply dilatory tactics to pillory the law-abiding citizens for over several generations for illusive justice. Most litigants die with injustice. India must abolish the Courts presided by the IAS and PCS. Ramesh Mishra Victoria, British Columbia, Canada

January 15, 2022 at 11:30 pm

June 19, 2023 at 7:22 am

October 27, 2023 at 7:58 pm

Highly appreciatethe effort done to make anh reader understand the concept of about constitutional rights 😀

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Fundamental Rights: Meaning, Features, Significance & Criticism

Fundamental Rights , as one of the most significant features of the Indian Constitution, form the cornerstone of Indian democracy. These rights are crucial for fostering justice, equality, and fraternity and safeguarding the individual against the arbitrary actions of the state. This article of NEXT IAS delves into the salient features, significance, scope, and criticisms surrounding these fundamental rights of Indian Constitution.

What are Fundamental Rights?

Fundamental Rights refer to a set of essential liberties and entitlements guaranteed to every citizen by the constitution of a country. These rights serve as the bedrock of individual freedom, protecting citizens from arbitrary state actions and ensuring basic human rights and freedoms. They are integral to upholding democracy, justice, and equality within a nation. They prevent the establishment of an authoritarian and despotic rule in the country. In short, they aim to establish ‘a government of laws and not of men’.

The Fundamental Rights are named so because they are guaranteed and protected by the Constitution, which is the fundamental law of the land. These rights are considered fundamental because they are essential for the all-round development, dignity, and well-being of individuals. It is because of their myriad significance that they have been described as the Magna Carta of India.

Six Fundamental Rights under the Indian Constitution

Articles 12 to 35 in Part III of the Indian Constitution provide for six Fundamental Rights . These rights are mentioned below:

• Right to Equality (Articles 14–18)
• Right to Freedom (Articles 19–22)
• Right against Exploitation (Articles 23–24)
• Right to Freedom of Religion (Articles 25–28)
• Cultural and Educational Rights (Articles 29–30)

Right to Constitutional Remedies (Article 32)

Originally, the Constitution provided for seven Fundamental Rights, including the six rights mentioned above and the Right to Property. However, the 44th Amendment Act, of 1978 removed the Right to Property from the list of Fundamental Rights. It was, instead, made a legal right under Article 300-A in Part XII of the Constitution. So at present, there are only six Fundamental Rights.

Salient Features of Fundamental Rights

The features of Fundamental Rights in the Indian Constitution are as follows:

• Some of these rights are available only to citizens, while others are available to all persons whether citizens, foreigners, or legal persons like corporations, companies, etc.
• These rights are not absolute but qualified, which means the state can impose reasonable restrictions on them. This balances individual liberties with societal needs.
• All these rights are available against the arbitrary action of the state. However, some of them are also available against the actions of private individuals.
• Some of these rights are negative in character as they place limitations on the authority of the State, while others are positive in nature as they confer certain privileges on individuals.
• These rights are enforceable by the courts, allowing citizens to seek legal remedies if their rights are violated. This ensures that individuals have access to justice and can hold the government accountable for its actions.
• These rights are protected and safeguarded by the Supreme Court. Hence, the aggrieved person can directly proceed to the Supreme Court without necessarily appealing against the judgment of the high courts.
• These rights are not considered sacrosanct or permanent. They can be amended by the Parliament through a constitutional amendment process, provided such amendments do not violate the basic structure of the Constitution.
• During a state of national emergency, certain rights can be suspended by the President, except those guaranteed under Articles 20 and 21.
• The Parliament can restrict or abrogate the application of these rights on the members of the armed forces, para-military forces, police forces, intelligence agencies, and analogous services (Article 33).
• During the operation of martial law in any area, the application of these rights can be restricted (Article 34).
• Most of them are directly enforceable, while others can be enforced based on a law specifically made to give effect to them. Only Parliament can enact laws regarding these rights to ensure uniformity across the nation (Article 35).

Fundamental Rights under the Indian Constitution – A Detailed Overview

The provisions related to the Fundamental Rights are mentioned in Articles 12 to 35 in Part III of the Indian Constitution. Below is a detailed overview of these provisions:

Definition of State (Article 12)

Article 12 defines the term ‘State’ for Part III. Accordingly, the State includes the following:

• The Government and Parliament of India, that is, the executive and legislative organs of the Union government,
• The Government and Legislature of States, that is, the executive and legislative organs of the State government,
• All local authorities, that is, municipalities, panchayats, district boards, improvement trusts, etc.
• All other authorities, that is statutory or non-statutory authorities like LIC, ONGC, SAIL, etc.

The actions of all these agencies can be challenged in court for violating the fundamental rights of Indian Constitution.

Laws Inconsistent with or in Derogation of the Fundamental Rights (Article 13)

• This provision under Article 13 expressively provides for the doctrine of judicial review.
• The power of Judicial Review has been conferred on the Supreme Court under Article 32 and the High Courts under Article 226.
• Permanent laws enacted by the Parliament or the State Legislatures,
• Temporary laws like ordinances issued by the President or the State Governors,
• Statutory instruments like any delegated legislation, ordinance, order, bye-law, rule, regulation, or notification.
• Non-legislative sources of law i.e. custom or usage having the force of law.
• Article 13 provides that a constitutional amendment is not a law and cannot be challenged on the ground of contravention of any of the Fundamental Rights . However, the Supreme Court in Kesavananda Bharati case 1973 held that a Constitutional Amendment can be challenged on the ground that it violates a fundamental right.

Right to Equality (Article 14 to Article 18)

These provisions of the Indian Constitution ensure equal treatment and opportunities for all citizens before the law. This right includes the following

Equality before Law and Equal Protection of Laws (Article 14)

This provision ensures that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of India. It prohibits arbitrary discrimination by the state and guarantees equal treatment under similar circumstances.

Prohibition of Discrimination on Certain Grounds (Article 15)

This provision prohibits discrimination on grounds only of religion, race, caste, sex, or place of birth. It ensures that no citizen shall be subjected to any disability, liability, or restriction only on these grounds.

Equality of Opportunity in Public Employment (Article 16)

This provision guarantees equality of opportunity in matters of public employment or appointment. It prohibits discrimination in these matters only on grounds of religion, race, caste, sex, descent, place of birth, or residence.

Abolition of Untouchability (Article 17)

This provision abolishes untouchability and prohibits its practice in any form. It recognizes untouchability as a social evil and ensures the eradication of this discriminatory practice in Indian society.

Abolition of Titles (Article 18)

This provision prohibits the state from conferring titles, except military and academic distinctions, on individuals. It also makes certain provisions regarding accepting any title, present, emolument, or office from or under any foreign State.

Aspirants can find more details on Right to Equality (Article 14 to Article 18) in the linked article.

Right to Freedom (Article 19 to Article 22)

These provisions of the Indian Constitution safeguard various individual liberties and freedoms. This right includes the following:

Protection of Six Rights (Article 19)

This article guarantees to all citizens the following six rights:

Freedom of Speech and Expression (Article 19(1)(a))

This provision grants citizens the freedom to express their views, opinions, beliefs, and convictions freely through speech, writing, printing, or any other mode. However, reasonable restrictions can be imposed by the state on grounds such as public order, defamation, incitement to offense, etc.

Freedom of Assembly (Article 19(1)(b))

Citizens have the right to assemble peacefully without arms. It includes the right to hold public meetings, demonstrations, and take-out processions, but does not include the right to strike.

Freedom of Association (Article 19(1)(c))

Individuals have the right to form associations, unions, or cooperative societies, enabling them to collectively pursue common interests or goals. However, reasonable restrictions can be imposed in the interest of public order, morality, or the sovereignty and integrity of India.

Freedom of Movement (Article 19(1)(d))

Every citizen has the right to move freely throughout the territory of India. Reasonable restrictions can be imposed on this right on the grounds of the interests of the general public and the protection of the interests of any scheduled tribe.

Freedom of Residence (Article 19(1)(e))

Citizens have the freedom to reside and settle in any part of India, allowing for geographical mobility and the exercise of individual choice in determining one’s place of residence.

Freedom of Profession (Article 19(1)(g))

Individuals have the right to practice any profession or to carry on any occupation, trade, or business of their choice, subject to certain restrictions imposed in the interest of the general public.

Note : Originally, the right to acquire, hold, and dispose of property was one of the fundamental rights enshrined in Article 19(1)(f) of the Indian Constitution. However, the 44th Amendment Act of 1978 removed this right from the list of fundamental rights and placed it under Article 300A as a constitutional right.

Protection in Respect of Conviction for Offenses (Article 20)

It grants protection against arbitrary and excessive punishment to an accused person, whether a citizen, a foreigner, or a legal person. It contains three provisions in this regard:

Protection against Retrospective Criminal Legislations (Article 20(1))

Any individual can be convicted only for violation of a law in force at the time of commission of the act. Also, the person cannot be subjected to a penalty greater than that prescribed by the law in force at the time of the commission of the act.

Protection against Double Jeopardy (Article 20(2))

A person cannot be tried and punished again for an offense for which they have already been either acquitted or convicted.

Protection against Self-Incrimination (Article 20(3))

No person accused of an offense shall be compelled to be a witness against oneself.

Protection of Life and Personal Liberty (Article 21)

This provision guarantees that no person shall be deprived of their life or personal liberty except according to the procedure established by law. This right is available to both citizens and non-citizens and serves as a cornerstone of individual rights.

Right to Education (Article 21A)

This provision guarantees the right to free and compulsory education for children aged 6 to 14 years. It mandates the State to provide access to quality education, ensuring that every child has the opportunity to receive education without any discrimination. This provision was added by the 86th Constitutional Amendment Act of 2002.

Protection Against Arrest and Detention (Article 22)

This provision ensures certain protections to persons who are arrested or detained, including the right to be informed of the grounds of arrest, the right to consult and be defended by a legal practitioner, and the right to be produced before a magistrate within 24 hours of arrest. It prevents arbitrary detention and ensures fair treatment of individuals in custody.

Aspirants can find more details on Right to Freedom (Articles 19–22) in the linked article.

Right Against Exploitation (Article 23 to Article 24)

These provisions of the Indian Constitution provide certain safeguards to protect people, especially vulnerable sections, from exploitation. Various rights included under this are:

Prohibition of Traffic in Human Beings and Forced Labour (Article 23)

This provision prohibits human trafficking and forced labor. It makes such acts punishable offenses.

Prohibition of Employment of Children in Factories (Article 24)

This provision prohibits the employment of children under the age of fourteen in any factory, mine, or other hazardous activities. However, it does not prohibit their employment in any harmless or innocent work.

Aspirants can find more details on Right against Exploitation (Articles 23–24) in the linked article.

Right to Freedom of Religion (Article 25 to 28)

These provisions of the Indian Constitution guarantee individuals the freedom to profess, practice, and propagate the religion of their choice. It ensures secularism by mandating that the state maintain neutrality and treat all religions equally.

Freedom of Conscience and Free Profession, Practice, and Propagation of Religion (Article 25)

This article says that all persons are equally entitled to freedom of conscience and the right to freely profess, practice, and propagate religion. The implications of these are:

Freedom of conscience

Individuals have the freedom to shape their relationship with God and other creatures in whatever way they desire.

Right to Profess

To declare one’s religious beliefs and faith openly and freely.

Right to Practice

To perform religious worship, rituals, ceremonies, and exhibition of beliefs and ideas.

Right to Propagate

To transmit or disseminate one’s religious beliefs to others. However, it does not include a right to convert another person to one’s religion.

Freedom to Manage Religious Affairs (Article 26)

This provision states that every religious denomination or its section shall have the following rights-

• Right to establish and maintain institutions for religious and charitable purposes,
• Right to manage its affairs in matters of religion,
• Right to own and acquire movable and immovable property, and
• Right to administer such property as per law.

Freedom from Taxation for Promotion of a Religion (Article 27)

This provision prohibits the State from levying taxes for promoting or maintaining any particular religion or religious denomination. It upholds the principle of secularism and ensures that the State remains neutral in matters of religion, fostering equality and religious freedom for all citizens.

Freedom from Attending Religious Instruction (Article 28)

It makes provisions for religious instruction in different categories of educational institutions, as described below:

• Institutions wholly maintained by the State- religious instruction is completely prohibited.
• Institutions administered by the State but established under any endowment or trust – religious instruction is permitted.
• Institutions recognized by the State- religious instruction is permitted on a voluntary basis i.e. with the consent of the person.
• Institutions receiving aid from the State- religious instruction is permitted on a voluntary basis i.e. with the consent of the person.

Cultural and Educational Rights (Article 29 to Article 30)

These provisions of the Indian Constitution safeguard the rights of minorities to conserve their culture, language, and script.

Protection of Interests of Minorities (Article 29)

It provides that:

• Any section of citizens having a distinct language, script, or culture of its own, shall have the right to conserve the same.
• 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, or language.

As noted by the Supreme Court, the use of the phrase ‘section of citizens’ in the Article means that it applies to minorities as well as the majority. Thus, the scope of this article is not necessarily restricted to minorities only.

Right of Minorities to Establish and Administer Educational Institutions (Article 30)

This provision grants minorities (both religious as well as linguistic) certain rights, such as the right to establish and administer educational institutions of their choice, the right to impart education to their children in its own language, etc.

It is to be noted that the protection under this provision is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29).

It confers the right to remedies for the enforcement of the fundamental rights in case of violation of the same. It makes the following provisions regarding the same:

• The right to move the Supreme Court for the enforcement of the Fundamental Rights is guaranteed.
• The Supreme Court shall have the power to issue directions, orders, or writs
• for the enforcement of fundamental rights.
• The Parliament can empower any other court to issue directions, orders, or writs for the enforcement of fundamental rights.
• These provisions give the right to get the Fundamental Rights protected, making the Fundamental Rights real.

Aspirants can find more details on Right to Constitutional Remedies (Article 32) in the linked article.

Armed Forces (Article 33)

• This provision empowers Parliament to enact laws that restrict or modify the application of certain fundamental rights for members of the armed forces, police forces, intelligence agencies, or similar forces tasked with the maintenance of public order.
• The objective of this provision is to ensure the proper discharge of their duties in the interest of national security and the maintenance of discipline among them.

Martial Law (Article 34)

• This provision provides for restrictions on fundamental rights during the operation of martial law in any area within the territory of India.
• However, the expression ‘martial law’ has not been defined anywhere in the Constitution.

Legislation to Give Effect to the Provisions of this Part (Article 35)

This provision specifies that Parliament alone has the authority to enact laws aimed at implementing certain fundamental rights. This ensures uniformity across India concerning the nature of these rights and penalties for their violation.

Significance of Fundamental Rights

The Fundamental Rights of the Indian Constitution are significant in the following respects:

• They form the bedrock of the democratic system and facilitate people’s participation in the politico-administrative process.
• They serve as bulwarks of individual liberty and the rule of law by keeping a check on the authoritarianism of the state.
• They lay down the foundation of social justice and ensure the dignity of individuals.
• They protect the interests of minorities and weaker sections, thus promoting social justice.
• They strengthen the secular fabric of the nation.

Criticism of the Fundamental Rights

• Excessive Limitations – They face numerous exceptions, restrictions, and qualifications, imposing restrictions on their scope and effectiveness.
• No Social and Economic Rights – The list lacks comprehensiveness, focusing primarily on political rights without including essential social and economic rights such as the right to social security, employment, rest, leisure, etc.
• No Clarity – There is a lack of clarity as a few terms are expressed vaguely and ambiguously without a clear definition, for example- ‘public order’, ‘minorities’, ‘reasonable restrictions’, etc.
• No Permanency – They are not sacrosanct or absolute, as the Parliament can curtail or abolish them, for example – the abolition of the fundamental right to property in 1978.
• Suspension during Emergency – The suspension of fundamental rights during a National Emergency, except for Articles 20 and 21, undermines the essence of democracy, posing a threat to the rights of millions of innocent individuals.
• Expensive Remedy – The judiciary bears the burden of safeguarding these rights from legislative and executive encroachments. However, the costly nature of the judicial process impedes ordinary citizens from effectively enforcing their rights through the courts.
• Preventive Detention – The provision of preventive detention (Article 22) undermines the essence of fundamental rights, granting excessive discretion to the State and infringing upon individual liberty.
• No consistent philosophy – The fundamental rights chapter lacks a coherent philosophical foundation. According to Sir Ivor Jennings, these rights are not grounded in any consistent philosophy, posing challenges for the judiciary in their interpretation.

Fundamental Rights represent the essence of Indian democracy, serving as the bulwark against arbitrary state actions and ensuring the protection and empowerment of its citizens. Despite criticisms and limitations, these rights stand as a beacon of justice, equality, and freedom, fostering a society where the dignity and rights of every individual are upheld and respected. As India continues its journey towards progress and development, the preservation and effective implementation of these rights remain imperative, guiding the nation towards a future rooted in democracy, inclusivity, and human rights.

Frequently Asked Questions on Fundamental Rights

Why are they called fundamental rights.

Fundamental Rights in the Indian Constitution are called fundamental because they are considered fundamental and essential for the well-being and dignity of individuals in a democratic society.

Why Right to Property is not a Fundamental Right?

The Right to Property was initially included as a Fundamental Right in the Constitution of India under Article 19(1)(f). However, it was later removed from the list of Fundamental Rights and reclassified as a legal right under the 44th Amendment Act of 1978.

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Fundamental Rights - Articles 12 to 35 of the Indian Constitution

Sub-Categories:

Polity Notes for UPSC

Table of Contents

Features of Fundamental Rights

Six fundamental rights of the indian constitution, significance of fundamental rights, limitations of fundamental rights, fundamental rights upsc pyqs, fundamental rights faqs.

Prelims : Indian Polity and Governance – Constitution, Political System, Panchayati Raj, Public Policy, Rights Issues, etc.

Mains : Indian Constitution—Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure.

The Constitution of India enshrines Fundamental Rights for its citizens in Part III of the Constitution. These rights, referred to as the "Magna Carta of India," are categorised into six groups - Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Right to Cultural and Educational Rights, and Constitutional Remedies. Inspired by the Bill of Rights of the American Constitution, these legally enforceable rights safeguard individual liberties and provide freedoms against the state's authoritarian rule, serving as the foundation for India's democratic system. Indian judiciary protects these Fundamental Rights if there is a violation of these rights by executive as well as legislative actions. Moreover, the Fundamental rights are referred to as the “Conscience of the Constitution”.

Fundamental rights are the minimum basic requirements constitutionally guaranteed by the state. Some of the features of fundamental rights as enshrined in the Indian Constitution are as follows:

• The American Bill of Rights and the French Declaration of the Rightsof Man and the Citizen heavily influenced the incorporation of Fundamental Rights in the Indian Constitution.
• The ideas of European political thinkers like John Locke, Rousseau , and Montesquieu , who advocated for individual liberties and natural rights, also inspired the Fundamental Rights.
• Article 13 explicitly provides for the doctrine of judicial review by stating that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void
• Writs : Orders issued by higher courts to lower courts or a public authority commanding the performance of a particular act. Both these remedies operate through Article 32 .
• Applicability: Some of the Fundamental Rights are available only to the citizens (Articles 15, 16, 19, 29 and 30), while others are available to all persons, whether citizens, foreigners or legal persons like corporations or companies.
• It includes the Government and Parliament of India, State governments, local authorities, and other authorities, such as statutory and non-statutory bodies.

The original Constitution of 1950 included seven Fundamental Rights. However, the 44th Constitutional Amendment in 1978 reduced this number to six by removing the Right to Property (Article 31).

Right to Equality (Article 14 -18)

The Right to Equality ensures that all individuals, irrespective of their background, have equal rights and opportunities to develop their skills, and talents, and pursue their ambitions.

• This article implies the supremacy of the rule of law , the principle of natural justice , the doctrine of Anti Arbitrariness , and the inclusion of both positive and negative rights . 
• Every Indian citizen has equal access to shops, restaurants, public entertainment venues, and the use of wells, tanks, and roads. 
• However, the state can make special provisions ( affirmative actions ) or concessions for women and children.
• It prohibits discrimination against a citizen in respect of employment or office under the state based on religion, race, caste, descent, place of birth, residence, or any combination of these factors.
• However, the state can make provisions for the reservation of appointments or posts in favour of vulnerable sections of society. 
• It recognises untouchability as a social evil and ensures the eradication of this discriminatory practice in Indian society.
• Abolition of titles (Article 18) : This article states that no title other than military and academic distinction shall be conferred by the state. 

Right to Freedom (Article 19-22)

• Speech and Expression
• Peaceful assembly
• Forming Associations/Unions
• Free Movement throughout India
• Freedom to reside and settle in any part of India
• Freedom to practice any profession or carry on any occupation, trade, or business
• Ex Post Facto Law : No person can be convicted for an act that was not considered an offence at the time it was committed.
• Limit on Penalty : No person can be subjected to a penalty greater than what was prescribed by the law at the time the offence was committed.
• Double Jeopardy : A person cannot be prosecuted and punished for the same offence more than once.
• Self-Incrimination : No person can be compelled to be a witness against themselves. This protection ensures the right to silence and safeguards individuals from forced confessions.
• This right includes various other rights such as the right to privacy,the Right to a clean environment etc.
• Right to Education (Article 21A): It was added through the 86th Amendment to the Constitution in 2002 . It entrusts the state to provide free and compulsory education to children aged six to fourteen in the manner determined by the state.
• Protection at the time of arrest : The arrested person (but not enemy aliens or persons detained under preventive detention laws) should be informed of the grounds for arrest, allowed to consult and be defended by a legal practitioner of their choice , and presented before a magistrate within 24 hours. 

Right against Exploitation (Article 23 - 24)

• Prohibition of traffic in human beings and forced labour (Article 23): It says that trafficking in human beings and beggars, as well as other forms of forced labour, is prohibited, and any violation of this provision is punishable by law.
• Child Labour (Prohibition & Regulation) Amendment Act, 2016 completely prohibits on employment or work of children below 14 years of age in all occupations and processes. 

Right to Freedom of Religion (Article 25 - 28)

• However, this does not grant the right to forceful conversion. The State can impose restrictions on this right on the grounds of public order, morality and health.
• to establish and maintain institutions for religious and charitable purposes; 
• to manage its own religious affairs; 
• to own and acquire movable and immovable property; and 
• to administer such property in accordance with the law.
• Freedom from taxation for the promotion of religion (Article 27): No one shall be compelled to pay any tax, the proceeds of which are specifically used to pay expenses incurred in the promotion or maintenance of any particular religion or religious sect.
• Freedom from attending religious instruction (Article 28): It forbids religious instruction in any educational institution entirely supported by state funds unless such an institution, even if administered by the state, is established under an endowment or trust that requires it to be imparted.

Cultural and Educational Rights (Article 29 - 30)

• It gives any section of citizens residing in India's territory or any part of it with a distinct language, script, or culture the right to preserve it. (protects the right of a group)
• No citizen shall be denied admission to or receive aid from a state-run educational institution based on religion, race, caste, language, or any of them. (protects the rights of individuals irrespective of community)
• Right of minorities to establish and administer educational institutions (Article 30): All religious and linguistic minorities have the right to establish and administer educational institutions of their choice. Protection under it extends only to linguistic and religious and not any section of the citizens.

Right to Constitutional Remedies (Article 32)

It provides legal remedies for the protection of other fundamental rights. When any of the fundamental rights are violated, one can seek justice through the courts. 

• One can directly approach the Supreme Court under Article 32 (original jurisdiction of the Supreme Court), which empowers the courts to enforce Fundamental Rights through various writs such as habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
• The High Courts also have been conferred these powers under Article 226 . Further, any other court may be authorised by Parliament to issue directives, orders, and writs of every description.

Exceptions to the Fundamental Rights

The conflict between the judiciary and legislature regarding Article 31 ( Right to Property) and land reforms as well as Parliament’s power to amend fundamental rights led to several Constitutional Amendments including the insertion of Articles - 31A, 31B and 31C. 

• Article 31: It was provided in the original Constitution as a Fundamental Right. The 44th Amendment Act of 1978 repealed it and made it a constitutional right under Article 300A.
• These laws relate to the state’s power to acquire estates, manage properties, amalgamate corporations, and modify the rights of directors, shareholders, and mining leases.
• Its scope is wider than Article 31A as it immunises any law in the Ninth Schedule from the Fundamental Rights.
• Article 31C : Inserted by the 25th Amendment Act, 1971, it states that no law implementing socialistic directive principles specified in Articles 39 (b) and (c) shall be declared void on the grounds of violating Article 14 or Article 19.
• I.R. Coelho case (2007) : In this case, the Supreme Court ruled that laws under the Ninth Schedule but made after April 24, 1973 ( Kesavananda Bharati case ) could be scrutinised if they violated Fundamental Rights or the basic structure of the Constitution. 

Other Provisions

• Article 33: This article empowers the Parliament to restrict or abrogate the fundamental rights of the members of the armed forces, paramilitary forces, police forces, intelligence agencies and analogous forces.
• Article 34: It allows for exceptions to fundamental rights during the imposition of martial law, enabling Parliament to pass laws to indemnify individuals and validate actions taken in the context of maintaining or restoring order in areas where martial law is enforced.
• Article 35: This provision states that Parliament has the power to make laws regarding certain matters specified in Article 16 (3), Article 32 (3), Article 33, and Article 34.

Fundamental Rights provide citizens with civil and political rights. They create the necessary conditions for an individual's material and moral protection while ensuring political justice and equality. The importance of Fundamental Rights is as follows: 

• Fundamental: The term"Fundamental" signifies that these rights are essential for the all-round development of the citizens in a country. 
• These rights are so important that the Constitution has separately listed them and made special provisions for their protection. 
• The Constitution itself ensures that they are not violated by the government.
• The concept of the rule of law came mainly from England (Albert Wayne Dicey) and is an integral part of the Indian Constitution.
• The rule of law delivers four universal principles - accountability, just law, open government, and accessible and impartial justice.
• They are the cornerstone of liberal democracy.
• While ordinary rights are enforced by ordinary law, Fundamental Rights are protected and guaranteed by the Constitution, the fundamental law of a country. 
• Ordinary rights may be changed by the legislature through the ordinary process of law-making whereas; a fundamental right can only be changed by amending the Constitution itself. 
• Further, no organ of the government can violate them.
• Positive and Negative Rights: 
• Negative Rights: These are the rights that require the state to refrain from interfering in the lives of citizens, such as the right to equality, the right to freedom of speech, freedom of religion, etc.
• Thus, Fundamental Rights also pave the way for affirmative actions to promote social justice and equality.
• Protection of minority rights: Fundamental Rights ensure that minority communities are not subject to discrimination, prejudice, or persecution and guarantee their right to practice and preserve their language, culture, and religion.

Fundamental rights are a crucial aspect of any democratic society, as they protect and guarantee certain basic liberties and freedoms to individuals. However, it is important to recognise that these rights also have limitations. Here are some common limitations associated with fundamental rights:

• Unlike countries like South Africa, Mexico, and Germany, India has not incorporated these rights into its constitution.
• Suspension during a national emergency: Fundamental Rights can be suspended (except for Articles 20 and 21) during a National Emergency , which undermines the country's democratic system by putting the rights of citizens in jeopardy.
• Neither sacrosanct nor Permanent: The Parliament can limit or extend Fundamental Rights through a constitutional amendment act under Article 368 and this can be accomplished without affecting the "Basic Structure of the Constitution."
• Article 19(2) allows for restrictions in the interests of the security and sovereignty of India, friendly relations with Foreign States, public order, decency or morality, contempt of court, defamation or incitement to an offence.
• Preventive detention: The Constitution allows for the preventive detention of individuals under Article 22 without charge or trial . This is a contentious provision because it has the potential to limit individuals' life and liberty as provided in Article 20. 
• Words such as, 'Public order', 'minorities', 'reasonable restrictions', etc. belong to this category, which have not been defined properly in the Constitution.

Question 1: Examine the scope of Fundamental Rights in light of the latest judgement of the Supreme Court on the Right to Privacy. (UPSC Mains 2017)

Question 2: What do you understand by the concept of “freedom of speech and expression”? Does it cover hate speech also? Why do films in India stand on a slightly different plane from other forms of expression? Discuss (UPSC Mains 2014)

Question 3: A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of the application of law violates which one of the following Articles of the Constitution of India? (UPSC Prelims 2021)

Answer: (a) Article 14

Question 4: Which one of the following categories of ‘Fundamental Rights incorporated against untouchability as a form of discrimination? (UPSC Prelims 2020)

• Right against Exploitation
• Right to Freedom
• Right to Constitutional Remedies
• Right to Equality

Answer: (d) Right to Equality

Question 5: Which of the following are envisaged by the Right against Exploitation in the Constitution of India? (UPSC Prelims 2017)

• Prohibition of traffic in human beings and forced labour
• Abolition of untouchability
• Protection of the interests of minorities
• Prohibition of employment of children in factories and mines

Select the correct answer using the code given below:

• 1, 2 and 4 only
• 2, 3 and 4 only
• 1 and 4 only
• 1, 2, 3 and 4

Answer: (c) 1 and 4 only

Q1. Can Fundamental Rights be removed?

Ans. In the Kesavananda Bharati Case, the Supreme Court ruled that while all provisions of the Constitution, including fundamental rights, can be amended, parliament cannot change the basic structure of the Constitution.

Q2. Can the state government amend Fundamental Rights?

Ans. No, only parliament can amend the fundamental rights. Amendments to fundamental rights can only be implemented by introducing a Constitutional Amendment Bill.

Q3. Which part of the Constitution contains Fundamental Rights?

Ans. Articles 12-35 in Part III of the Indian constitution contain the fundamental rights. These human rights are granted to Indian citizens because the Constitution states that they are inviolable.

Q4. What is the present position of the “Right to Property" in the Indian Constitution?

Ans. Article 300A of the Indian Constitution guarantees people the Right to Property. It is a legal right, not a fundamental right. It was removed from the fundamental rights by the 44th Amendment act in 1978.

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Fundamental Rights of Indian Constitution: Article12-35 [Indian Polity Notes for UPSC Exams]

Fundamental rights.

Fundamental Rights represents the essential human rights that are universally recognized as inherent to all individuals irrespective of their nationality, place of residence, sex, ethnic origin, color, religion, language, or any other status. In the context of India, these Fundamental rights are given in the Indian Constitution, specially in Part III (Article 12 to 35) , guaranteeing civil liberties to each citizen to lead a life of dignity and freedom, while also imposing upon the state the duty to protect rights from infringement. These Fundamental rights are crucial in democracy as they ensure the individual’s comprehensive protection from any arbitrary actions by the state or other entities.

Historical Background of Fundamental Rights

• ‘ Magna Carta’ , the charter of rights issued by the King of England in 1215 , is considered the first written document pertaining to the Fundamental rights of citizens.
• Other sources of fundamental rights are:
• The Bill of Rights, 1869, from England;
• The United States Bill of Rights, 1787;
• The Declaration of the Rights of Man, 1789 from France.
• In India, the evolution of fundamental rights can be seen in the 19 th century with the creation of the Indian National Congress , which sought the end of the ‘rule of difference’ , which means that while the rule of law and the rights to liberty and equality were assured within Britain, the same principles did not apply in the colonies.
• Similar demands came in the form of the ‘Constitution of India Bill’ or the Swaraj Bill in 1895 , which talked about the right to speech, the right to franchise, Free State education, etc.
• In the early twentieth century, several resolutions were passed, and committee reports were made demanding these rights. For instance, The Commonwealth Bill of India Bill 1925 , drafted by Annie Besant , the Nehru Report of 1928 , the Sapru Report of 1945 and the sub-committee of the constituent assembly on Fundamental rights .

What are Fundamental Rights?

Fundamental Rights are claims of an individual necessary to ensure one’s happiness, without compromising the happiness of others.

The idea of Fundamental rights as a claim to a life of freedom and dignity, irrespective of one’s caste, race, birth, class, gender, etc., became influential in the freedom struggle against British colonial rule . The struggle sought to bring in conditions where the Indian people could be assured of these rights by virtue of being human. These aspirations are reflected in the fundamental rights enshrined in Indian Constitution .

Fundamental Rights of Indian Constitution,  are detailed in the Part III of the Constitution (Article 12 to 35).

The fundamental rights enshrined in the Constitution seek to bring into practice the principles of human rights , assuring each individual a life of dignity . They set the parameters of obligations and responsibilities that a modern state owes to its citizens.

• The term “fundamental” implies that these rights are so significant that the Constitution specifically lists them and makes provisions to safeguard them. The Fundamental Rights of Indian Constitution are so crucial that the Constitution itself ensures that they are not infringed by the government.
• The object behind the inclusion of fundamental rights in the Constitution is to establish a “limited government”-  a government in which the absolute power is not vested in any of the organs of the State.

Features of Fundamental Rights of Indian Constitution

• The judiciary has the authority and responsibility to protect fundamental rights of Indian Constitution from violations by the executive or the legislature.
• It can nullify any executive decision or legislative action if it violates or goes beyond the ambit of the Constitution ( Ultra vires ).
• This is what makes fundamental rights fundamental.
• Justiciable Rights: The Indian Constitution allows a person to move directly to the Supreme Court to reinforce fundamental rights when violated or restricted.
• Most fundamental rights are qualified rights rather than unlimited rights . These rights are subject to reasonable restrictions mentioned in the Constitution itself. It strikes a balance between individual rights and social control.
• Further, they can be amended by the Parliament , although without affecting the basic structure of the Constitution.

• Differentiates between State and individuals: Most of these Fundamental rights are available against the State’s action with few exceptions, like those against private individuals. When the rights that are available against the state actions only are violated by individuals, then there is no constitutional remedy, but only ordinary legal remedies.
• For example, Article 21 says that “state cannot deprive a person of his life and personal liberty except by the procedure established by law”. This puts a limit on the State and thus is a negative right .
• The right to education under Article 21A is a positive right which confers certain privileges on citizens.
• Status during Emergency: Except for Articles 20 and 21 , fundamental rights can be suspended during the operation of a national emergency. Further, the six rights guaranteed under Article 19 can be suspended only during external emergencies.
• Laws needed for enforcement: Most fundamental rights are directly enforceable and do not need specific law. But, some of them require a law to enforce them, and such laws can only be enacted by the Parliament (Article 35) .

Limitations on Fundamental Rights:

• The following provisions limit the scope of the fundamental rights:
• Article 31A : Saving of laws provided for the acquisition of estates against the right to property
• Article 31B : Validation of certain laws included in the 9 th schedule that may go against certain rights.
• Article 31C: Saving of laws for giving effect to Directive Principles.
• Application on armed forces , paramilitary, police forces, intelligence agencies and other such services can be limited or abrogated by the Parliament (Article 33) .
• Application is restricted during Martial law (military rule) (Article 34) .

Fundamental Rights of Indian Constitution (Article 12-35)

The Indian Constitution initially listed 7 Fundamental Rights, reflecting the core values of freedom, equality, and brotherhood. Following the 44th Amendment in 1978, the Rights to property was reclassified , resulting in the current 6 Fundamental Rights detailed in Articles 12 to 35. This change highlights the constitution’s ability to adapt to societal changes, ensuring the protection of individual liberties and promoting unity within the structure of a progressive democracy.

Article 12 – Definition of State

• Since fundamental rights of India are supposed to check the absolute power of the State, they will be enforced against the State. Hence, there needs to be clarity regarding what constitutes the State. The definition of State is given in Part III, Article 12 of the Constitution. According to it, the definition of State includes:
• The Government and the Parliament of India – which would include legislative and executive organs of the union;
• The Government and Legislature of each State – which would include legislative and executive organs of the State;
• Local Authorities within the territory of India – such as a zilla panchayat , municipalities , the District Boards , Port Trusts , etc.;
• Other authorities within the territory of India and under the control of the government, statutory or non-statutory authorities like LIC , ONGC , etc.
• As we can see, the State has been defined in a wider sense to include all state agencies that can be challenged in court on the grounds of violation of fundamental rights. Supreme Court, in a judgement, has further widened the definition by including even a private body if it works as an instrument of the State .
• Article 12 does not define ‘judiciary’ in any particular way. The judiciary as the State can be interpreted for narrow purposes only. Its functions can be categorised into judicial and non-judicial . Only non-judicial functions, such as administrative functions, can be challenged on the grounds of the violation of fundamental rights.

Article 13 – Laws Inconsistent with Fundamental Rights

• Article 13 of Indian Constitution addresses all laws that are inconsistent with fundamental rights or derogate them. According to it, all such provisions of laws in force before the commencement of this Constitution that are not consistent with the provisions of Part III of the Constitution shall become void.
• Further, the Parliament and State legislatures are prohibited from making any law which takes way fundamental right.
• Hence, it forms the basis of the judicial review doctrine and aids the court and citizens in checking the misuse of powers by the legislature and executive.

What constitutes as a law?

The term ‘Law’, which cannot be inconsistent with Part III of the constitution covers the following types of laws:

• Permanent laws that are enacted by the Parliament of India or legislatures of the states.
• Temporary laws , like ordinances by the President or the governors of the State.
• Statutory instruments like delegated legislation, i.e. executive legislation, as regulation or notification, order, rule or by-law.
• Non-legislative sources of law , i.e. customs with the force of law.

Can Constitutional amendments be Judicially reviewed if they are inconsistent with the constitution?

• Article 13  does not list  Constitutional amendments as laws ; hence, for a long time, it was believed that they cannot be challenged and that the Parliament is fully competent to make any amendment. [Shankari Prasad Case, 1951]
• This led to several changes even in Part III of the Constitution. A very concerned Supreme Court, then in Golaknath Case ,  1967 stated, that the Parliament is not a Constituent Assembly. A Constitutional amendment is a legislative process and comes under the definition of ‘Law’ in Article 13 of Indian Constitution. Thus, all constitutional amendments must be consistent with Part III (Fundamental Rights). And therefore, fundamental Rights were “Transcendental and Immutable”.F
• 24th Amendment Act, 1971   inserted an additional Clause in Article 13(clause 13(4)) that constitutional amendment should not be covered in the definition of ‘Law’. This was done to prevent the amendments in Part III of the Constitution from being challenged in the Supreme Court on the argument of ‘inconsistency’ with Part III.
• In the  Kesavanand Bharti case (1973) , the Supreme Court accepted the 24th amendment, once again making it competent for the Parliament to amend the fundamental Right. However, these amendments could not violate the  ‘Basic structure’  of the Constitution and, therefore, can be challenged in the Supreme Court.

6 Fundamental Rights of Indian Constitution

Originally, the Indian Constitution contained seven fundamental rights , but the 44 th Constitutional Amendment Act 1978 abolished the Right to property (Article 31) from the list of fundamental rights. Here are 6 Fundamental Rights of India

1. Right to Equality (Articles 14-18)

2. Right to Freedom (Articles 19-22)

3. Right Against Exploitation (Articles 23-24)

4. Right to Freedom of Religion (Articles 25-28)

5. Cultural and Educational Rights (Articles 29-30)

6. Rights to Constitutional Remedies (Articles 32)

Lets discuss all 6 Fundamental rights of India in detail:

1. Right to Equality

Articles 14 to 18 deal with different aspects of Fundamental rights to equality. It ensures the rights envisaged in the Preamble, that ‘equality of status and opportunity’ shall be given to every citizen.

1.   Article 14 – Equality Before Law

The State shall not deny anyone ‘equality before the law ‘ or ‘equal protection of laws ‘ within India on the grounds based on race, religion, sex, caste or place of birth.

• This right is conferred to all, whether citizens or foreigners.
• While it prohibits class legislation (discrimination by conferring certain privileges to a class), it allows reasonable classification of persons and objects, provided it is not arbitrary, artificial or evasive.

Equality before Law:

• Origin – British
• It is a negative concept that means no person is above the law.
• Absence of special privileges – Every person is subject to the jurisdiction of courts, irrespective of their social status.
• It is an element of the concept of ‘Rule of Law’ .

Equal protection of the law:

• It is a positive concept that means equal treatment under similar circumstances.
• There could be discrimination between the groups but not within the groups. A Welfare state requires a positive bias in favour of the less privileged (treating unequals unequally).  

2.   Article 15 – Prohibition of Discrimination

Fundamental Rights in Article 15 of Indian Constitution are available only to the citizens of India.

• Thus, it “ prohibits class legislation” . The clause “based only on” means that the State cannot legislate solely to discriminate against or in favour of a class (i.e. particular religion, race, caste, sex, etc.).
• But then, how can the State provide protection and schemes for particular classes?
• The answer is that the Constitution allows discrimination if it is based on additional criteria other than the above-mentioned criteria.
• For example, protection for a particular caste or sex can be provided if it is based on additional educational or economic criteria. But discrimination only based on caste or sex is not allowed.
• This is known as “ Classification for the purpose of Legislation”, which our Constitution allows.
• Article 15(2) Prohibits discrimination or restriction in terms of access to shops, hotels, public restaurants, places of public entertainment, or the use of tanks, wells, roads, and other public places maintained wholly or partially out of the State Funds or dedicated to the use of the general public.

However, there are three exceptions to this general rule of non-discrimination:

• Article 15(3): The State can make special provisions for women and children. For example, the reservation of seats in local bodies for women or the provision of free education for children (Article 21A) .
• Article 15(4):  The State can make special provisions for socially/educationally backward classes, including the Scheduled Castes and Scheduled Tribes.
• Article 15(5):  The State can make special provisions for the advancement of any socially and educationally backward classes (SEBCs) regarding their admission to educational institutions, including private institutions, whether unaided or aided by the State, except the minority educational institutions . This provision was added by the 93rd Amendment Act 2005.

The Parliament enacted the Central Educational Institutions (Reservation in Admission) Act, 2006 , to bring this provision into effect.

• It provided a 27% quota for candidates for people of Other Backward Classes (OBCs)  in all central higher educational institutions.
• In 2008 , the Supreme Court upheld the validity of this act but directed the Central Government to leave out the “creamy layer” among the OBCs while implementing the law.

• Article 15(6) allows the government to reserve up to 10% of all government appointments for the Economically weaker sections (EWS).

3.   Article 16 – Equality of Opportunity in Public Employment.

Article 16 of Indian Constitution guarantees Fundamental right to equality of opportunity in public employment, which forms the basis of reservations in government jobs in India.

• Article 16(1) provides equality of opportunity for all citizens in employment or appointment to any office under the State.
• Article 16(2) holds that no citizen shall, only on the grounds based on caste, race, religion, sex, descent, residence, or place of birth, be discriminated against or be ineligible for employment for any office under the State.

However, there are exceptions.

• Article 16(3) holds that the Parliament may, by law, provide for residents as a qualification for certain jobs.
• Article 16(4)  holds that the State can reserve posts for the Scheduled Castes and Scheduled Tribes or any backward classes of citizens, which, in the State’s opinion, are not adequately represented in the services under the State.

• However, some of the limitations put in by the Supreme Court in the Mandal Commission case were overridden by Constitutional amendments:
• Article 16 (4A) – Added by the  77 th Amendment Act, 1995, enabling the Parliament to provide reservations for SCs and STs in promotions. This simply meant that even after the judgement of the Mandal case, the reservation in promotion in government jobs should continue.
• Article 16 (4B) – Added by the 81 st Amendment Act, 2000 to fill the backlog vacancies that remained vacant due to the unavailability of eligible candidates. It allows the State to consider the unfilled vacancies as a separate class of vacancies, thus ending the 50% ceiling on the backlog vacancies.
• Article 16(5): Added by the 103 rd Amendment Act, 2019, allowing the government to reserve up to 10% of all government appointments for the Economically weaker sections (EWS). Thus pushing the total reservations in India above the 50% limit.

• Article 16 (5) provides that the law can provide that the incumbent of an office related to a denominational or religious institution or a member of its governing body should come from that particular denomination or religion. For example – The head of a temple committee must be a Hindu.

4.   Article 17 – Abolition of Untouchability

The article abolishes Untouchability, forbids its practice in any form, and is available not only against the government but also against private individuals.

• Article 17 is absolute in nature , which means it cannot be violated under any circumstances.
• It states that “Untouchability” shall be an offence punishable by law. Thus, the State has a legal obligation to make the appropriate efforts to ensure it is not violated.

Laws to End Untouchability

• The Untouchability Offences Act of 1955.
• The Untouchability (Offences) Act of 1955 was comprehensively amended in 1976 and renamed to magnify the scope and make penal provisions more stringent.
• The Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act of 1989 .
• However, the meaning of Untouchability is neither stated in the Constitution nor in any of the laws.
• Certain sections of people are denied entry into places of worship where others are allowed.
• Entry into public places like Hospitals, schools, hostels, etc., is denied.
• People of certain sections are denied certain services or goods at the same terms and conditions at which they are available to others.

5. Article 18 – Abolition of Titles

This article deals with the abolition of titles to end artificial distinction in social status among people.

• Article 18(1): No title, not being an academic or a military distinction, will be conferred by the State.
• Article 18(2): No citizen of India will accept any title from any of the foreign States.
• Article 18(3): A non-citizen of India will not, while he holds any office of the profit or trust under the State, except without the President’s consent, any title from any  foreign State.
• Article 18(4): Any person holding any office of the profit or trust under the State shall not, without the consent of the President, accept any of the presents, emolument, or the office of any kind from or under any foreign States.

Difference between Awards and Titles:

• While awards are granted based on the job done by the person without discrimination based on religion, caste, sex, or race, Britishers bestowed titles to particular communities before independence to sow discord and disintegration among the people.
• Although the prizes are not forbidden , they cannot be used as a prefix or suffix . All honours given for outstanding achievements in the sphere of academia (Doctor, Engineer, etc.) are not included in the titles.
• The Supreme Court, in 1996 , upheld the validity of National awards like Bharat Ratna , as these awards are not equivalent to titles as per Article 18, which only prohibits hereditary titles of nobility.
• The Government of India instituted four National awards in 1954 : the Bharat Ratna, Padma Vibhushan, Padma Bhushan, and Padma Shri for outstanding service in any discipline, including public service. They are announced yearly on Republic Day except for brief interruptions from 1978 to 1979 and 1993 to 1997 .

2. Right to Freedom

1. Article 19 – Protection of certain rights

Article 19(1) of the Indian Constitution provides six freedoms to Indian citizens, namely :

a. Freedom of speech and expression:

• It implies that citizens have the right to express their views, opinions, beliefs and convictions freely through speech, writing, painting, printing, etc.
• The Supreme Court has held the following activities as speech and expression under Article 19:
• Right to propagate other’s view
• Freedom of press
• Right against the imposition of pre-censorship on a newspaper
• Right to telecast
• Freedom of commercial advertisement
• Freedom of Silence (Negative right)
• Right against telephone tapping
• Right against Bundh called by a political party or organisation (Negative right)
• Right to demonstration or picketing (but not the right to strike)
• Sovereignty and Integrity of India
• Security of the State
• Friendly relations with a foreign state
• Public order
• Decency or Morality
• Contempt of court, defamation
• Incitement to an offence

b.  Freedom to assemble peacefully and without arms;

• This Fundamental right includes taking out processions and holding public meetings and demonstrations.
• These rights cannot be exercised on public land .
• This right does not include the right to strike (It is regulated by industrial laws).
• Sovereignty and integrity of India
• Public order (Includes maintenance of traffic)

c. Freedom to form associations, unions or cooperative societies

• It provides the right to form associations, unions, cooperative societies, political parties, companies, societies, clubs, partnership firms, etc.
• It also covers the negative right , i.e., the right not to join an association or union.
• However, the right to obtain recognition of the association or union is not a fundamental right.
• Public order and morality

d. Freedom to move freely throughout the Indian territory;

• It involves the right of intra-state and inter-state movement .
• The right to move outside of the country is dealt with by Article 21 .
• The Supreme Court has ruled that the freedom of movement of prostitutes can be confined on the grounds of public health and morality .
• The interest of the general public
• Protection of interest of any scheduled Tribe

e. The Freedom to reside and settle in any part of India,

This right includes:

• The right to reside in any part of the country, which means to stay at any place temporarily,
• The right to settle in any part of the country (to set up a home/domicile).
• The Supreme Court has held that certain areas can be restricted for habitual offenders and prostitutes.
• Interests of the general public
• Protection of interests of any scheduled tribes.  

f.  [Right to Property has been repealed by the 44 th Amendment]

G. freedom to practice any profession or to carry on any occupation, business or trade..

• The scope of this fundamental right is wide and covers all means of livelihood.
• This right does not include illicit trade or immoral practices . The State can regulate it or completely prohibit it.
• Requirement of professional and technical qualification
• Exclusion of citizens from any trade, business, industry or service carried out by the state or corporations controlled by the State ( State monopoly in such conditions is justified).
• Grounds of reasonable restrictions: The interest of the general public.

2. Article 20 – Protection against unlawful conviction

It provides protection in respect of conviction for offences .

• Article 20 protects against arbitrary and excessive punishment of an accused person, whether a citizen, foreigner, or legal person like a corporation or a company.
• It contains 3 provisions:
• No ex-post-facto law: It means no person shall be (i) convicted of any crime except for violating a law in force at the time of the commencement of the act, nor (ii) subjected to a penalty more than that prescribed by the law in force at the time of the commencement of the act.
• No double jeopardy: A person shall be prosecuted and punished for the same offence not more than once.
• No self-incrimination: A person accused of any offence cannot be compelled to be a witness against himself.
• Ex- Post-Facto Law: An ex-post-facto law imposes penalties retrospectively, i.e. upon acts that have already been done or which increase the penalties for such laws.
• The protection against double jeopardy is available only in a judicial tribunal or a court of law . It means it is not available in proceedings before administrative or departmental authorities as they are not judicial.
• The protection against self-incrimination extends to both documentary evidence and oral evidence . This only applies to civil proceedings .

3. Article 21 – Right to Life

Article 21 of Indian Constitution deals with the protection of life and personal liberty.

• Any person shall not be deprived of their life or individual liberty except according to a procedure established by law.
• The Fundamental right to life in Article 21 of the Indian Constitution does not mean animal existence. It guarantees the right to a dignified life. Some Fundamental rights that the Supreme Court has declared under Article 21 include:
• Right to live with human dignity.
• Right to a decent environment and protection
• against hazardous industries.
• Right to privacy.
• Right to livelihood.
• Right to health.
• Right to shelter.
• Right to free education up to 14 years of age.
• Right to a speedy trial.
• Right against solitary confinement.
• Right to free legal aid.
• Right against handcuffing
• Right against inhuman treatment.
• Right against delayed execution.
• Right to travel abroad.
• Right against bonded labour.
• Right against custodial harassment.
• Right to a fair trial.
• Right to medical treatment in a government hospital.
• Right of the prisoner to have necessities of life
• Right to emergency medical aid.
• Right of not to be driven out of a state.
• Right of women to be treated with dignity and decency.
• Right against public hanging.
• Right to information.
• Right to hearing.
• Right to sleep.
• Right of appeal from a judgment of conviction.
• Right to social protection and security of the family.
• Right to economic and social justice and empowerment.
• Right to electricity.
• Right to appropriate life insurance policy.
• Right to reputation.
• Right to freedom from noise pollution
• Right against bar fetters.

Important Cases Related to Article 21 of the Constitution

• AK Gopalan Case, 1951: The Supreme Court, in this case, has narrowly interpreted Article 21 . It said that the protection under Article 21 is available not from arbitrary legislative action but only against arbitrary executive action. It means that the State can take the rights of a person available in Article 21 based on a law (Procedure established by law) .
• Maneka Gandhi case, 1978: In this case, the Supreme Court overruled its judgment of the AK Gopalan case by taking a broader interpretation of Article 21 . It ruled that a person’s right to life and personal liberty can be taken back by law on the condition that the procedure prescribed by that law is fair, just and reasonable (Due process of law) . It argued that since there is an overlapping of rights in Article 19 and 21 , the protection provided in Article 19 (“reasonable” restriction) should apply to Article 21 as well.

Further, it held that Article 21 does not mean animal existence . It held that all those aspects of life that make a man’s life meaningful, complete, and worth living should be included.

4. Article 21A – Right to Education

This article deals with the Fundamental right to education.

• According to Article 21A, it is the reponsiblity of the State to provide free and compulsory education to all children of the age of six to fourteen years in accordance with the law made by the State.
• This article was added to the Constitution by the 86 th Constitutional Amendment of 2002.
• This Amendment was done to give effect to the directive principle given in Article 45 . The subject matter of Article 45 has been changed, and now it has provisions for early childhood care and education up to six years of age.
• To give effect to the provisions, the Right to Education Act 2009 was passed.

5. Article 22 – Protection against Arrest and Detention

It provides protection against arrest and detention in some cases; it also protects people who have been arrested or detained.

Article 22 consists of two parts: the first deals with ordinary law cases, and the second deals with preventive detention law cases.

• The right to being informed about the grounds of arrest as soon as possible;
• The right to consult with and be represented by a lawyer of choice;
• Every person who is arrested and detained in custody shall be produced before the magistrate within twenty-four hours of such arrest, excluding travel time.
• No such person shall be detained in custody beyond 24 hours without the magistrate’s authority.
• A person’s detention cannot be extended beyond three months unless an advisory board reports sufficient cause for such an extension. The Advisory board will be made up of high court judges.
• The detained person should be informed of the reasons for his/her detention. However, facts deemed in the public interest must not be disclosed.
• The detention should be allowed to appeal against the detention order.

• Article 22 also empowers the Parliament to prescribe:
• The circumstances and types of cases in which a person can be held for more than three months under a preventive detention law without seeking the advice of an advisory board;
• The maximum period for which a person can be arrested in any class of cases under a preventive detention law; and
• The procedure to be followed by an advisory board while conducting an inquiry.
• The  44th Amendment Act of 1978 reduced the period of detention without obtaining an advisory board’s opinion from three to two months . However, the three-month period remains in effect since the Amendment is yet to be notified .
• Only Parliament and not the state legislatures can make preventive detention laws in the matters of defence , foreign affairs and security of India . For example- the National Security Act of 1980 .

3. Right against Exploitation

1. article 23 – prohibition of human traffic.

It prohibits forced labour and the trafficking of human beings.

• It prohibits trafficking in human beings and Begar (forced and unpaid labour) and other types of forced labour. Further, it states that any contravention of this provision is punishable by the law.
• Thus, it would not prevent the State from imposing compulsory recruitment for public purposes such as military or social services.
• The article also does not prohibit forced labour as punishment for convicted criminals.
• Laws passed by the Parliament under Article 23 –
• Suppression of Immoral Traffic in Women and Girls Act of 1956
• Bonded Labour System (Abolition) Act, 1976

2. Article 24 – Prohibition of Child Labour

This article Prohibits employment of children in factories.

• No child below the age of fourteen shall be employed in any factory, mine, or other hazardous employment.
• The prohibition under Article 24 is absolute , and there would be no exception.
• Keeping this in mind, the Supreme Court has directed to take positive steps for the welfare of such children and improve their quality of life.
• Laws passed by Parliament related to Article 24 –
• Factories Act of 1948,
• The Mines Act of 1952,
• The Child Labour (Prohibition and Regulation) Act of 1986,
• The Child Labour (Prohibition and Regulation) Amendment Act of 2016 amended the Child Labour (Prohibition and Regulation) Act of 1986 and renamed the original act as the Child and Adolescent Labour (Prohibition and Regulation) Act of 1986.
• Further , Commissions for Protection of Child Rights Act, 2005 was passed to establish National and State level commissions for the protection of child rights as well as Children’s court for speedy trials of children-related offences.  

4. Right to Freedom of Religion

1. Article 25 – Freedom of Conscience

Article 25 guarantees all citizens the Freedom of conscience and the freedom to profess, propagate, and practice religion . These Fundamental rights are available to citizens as well as aliens (Non-citizens).

Freedom of Conscience is restricted only by three factors:

• Public order,
• Morality and
• The State can make laws on those religious matters that are not related to freedom of conscience . These are the Laws that regulate and restrict any economic, financial, secular or political activity associated with the practice of any religion.
• State can interfere to make Social Reforms and welfare or opening up religious institutions of Hindus of a public character to all sections of Hindus. According to this provision, Hindus are construed as including the people professing the Sikh, Buddhist or Jain religions, and Hindu institutions shall also be interpreted according to that.

Freedom of Practice to a religion is also subjected to the above limitations. Thus, if a religious practice is harmful to public order, health or morality, the State can restrict it.

• Concept of essential religious practice: In order to allow such a religious practice to exist, it must be a main tenet of the religion. This doctrine was formulated by the Supreme Court in 1954.
• For example, Sikh people carrying the kirpan shall be considered included in the profession of Sikhism.
• Similarly, the right to propagate does not include the right to convert since it will violate freedom of conscience, i.e., the freedom of a person to define their relation with God.

2. Article 26 – Freedom to Manage Religious Affairs

Individual Fundamental rights are guaranteed in Article 25,  whereas religious denominations or their parts are protected in  Article 26.

This Article states that every religious denomination has the following rights, subject to health, morality, and public order –

• The right to form and maintain institutions for charitable and religious intents.
• The right to manage its affairs in the aspect of religion.
• The right to acquire movable and immovable property.
• The right to administer such property as per the law.

Definition of a Religious Group:

• Indian Constitution does not specify religious denominations; court decisions must be consulted to determine what constitutes a religious denomination.
• In  SP Mittal v. Union of India , the Supreme Court established three standards that a religious group must meet:
• A group of people who share a shared faith.
• A common structure.
• A different name is used for identification.

3. Article 27 – Freedom from payment of taxes

Article 27 of the Constitution prohibits the collection of taxes, the proceeds of which are directly used to promote and maintain any particular religion/religious denomination.

• The Constitution of India has given the liberty to promote any religion without using public tax money.
• This means favouring, patronising, or encouraging one religion over another is unlawful.
• This rule merely forbids the imposition of a tax, not a charge.
• This is because the objective of a charge is to govern the secular management of religious organisations rather than to promote or sustain religion.
• Thus, pilgrims can be charged a fee to provide them with a special service or safety precautions.
• Similarly, religious endowments can be charged a fee to cover regulatory expenses.

4. Article 28 – Freedom as to attendance at Religious instruction

The article provides the freedom for people to attend religious instruction in educational institutions wholly maintained by state funds or receive aid from the State. It also seeks the guardian’s consent in the case of minors.

• Article 28 specifies four categories of educational institutions:
• Institutions wholly maintained by the State.
• Institutions set up under any endowment or trust but administered by the State.
• Institutions recognised by the State.
• Institutions receiving aid from the State.

Following are the freedoms to attend or not to attend religious Instructions:

• For state-run institutions: Article 28 prohibits completely state-run educational institutions from giving any religious instructions.
• For Trusts/endowments run by the State: the restriction is not applicable if the educational institution is established under any trust or endowment and is administered by the State. Thus, religious instruction is possible in BHU or AMU.
• For Institutes recognised/supported by the State: It provides freedom to attend religious instruction by educational institutions, either recognised by the State or receiving state funds.

Further, in the case of a minor, guardian consent is needed.

However, this article doesn’t prohibit educational institutions maintained by religious groups, thus permitting them to disseminate religious instruction.

Indian Concept of Secularism

Fundamental Right to Freedom of Religion forms the basis of Secularism in India. However, the Indian concept of secularism is a bit different from the Western concept of secularism.

5. Cultural and Educational Rights

1. article 29 – protection of interests of minority.

Article 29 protects the interests of minorities.

• 29(1): Any section of the citizens living in the Indian Territory or any part thereof having a distinct language, culture or script shall have the right to conserve
• 29(2): Any citizen shall not be denied admission into any educational institution that the State is maintaining or that institution is receiving aid out of State funds on grounds based only on caste, religion, race, language or any of them.
• The Supreme Court has ruled that this article applies to all sections of citizens and not just minorities.

2. Article 30 – Right of Minorities to establish Religious Institution

Under this right, the minority communities were empowered to form and govern their educational institutions.

• This article is also known as the  “Charter of Educational Rights” .
• Article 30(1): It provides all minorities (both religious and linguistic minorities) the right to establish and administer educational institutions of their choice. It is available to religious and linguistic minorities only.
• Article 30(2):  It provides that, while granting aid to educational institutions, the State cannot discriminate on the ground that a religious or linguistic group administers a particular institution.
• 44 th Constitutional Amendment Act: If the government has acquired such institutions, then the government is duly bound to give the appropriate compensation to the institution. This provision was added to protect the interests of minorities since the same amendment act had repealed the right to property.
• Unlike Article 29, this article applies only to minorities (religious and linguistic). However, the Constitution does not define the term “minority”.

Saving of Certain Laws

This Provision was not included in the original Constitution, but was enacted later on by the Parliament. The Parliament inserted Articles 31A, 31B and 31C in the Constitution to protect certain Parliamentary laws from the Purview of Judicial review.

1. Article 31 A – Saving of Laws providing for acquisition of estates

Article 31A was inserted in 1951. It provided for the saving laws that governed the acquisition of estates etc. from being challenged in the court on the basis of Right to property (Article 19-f) and equality before law (Article 14)

It protects the following five categories of laws from being invalidated and challenged on the ground of infringement of the rights of Articles 14 and 19:

• Acquisition of estates and rights related to it by the State;
• Taking over the management of properties by the State;
• The merger of corporations;
• Modification or extinguishment of rights of directors or shareholders of corporations
• Modification or extinguishment of mining leases.

It also gives the guaranteed right to compensation if the acquisition or requisition of private property by the State.

2. Article 31 B – Validation of certain Acts and Regulations

It  protects the acts and regulations in the 9th schedule from being invalidated and challenged on the grounds of contravention of any fundamental right (Articles 14 and 19)

• The scope of Article 31B is broader than Article 31A as it shields any law included in the 9th schedule (unlike Article 31A, which protects only five categories).
• However, in its judgement in the R. Coelho case (2007) , the Apex Court held that even laws (placed after 24 April 1973*) under the 9th schedule could be scrutinised if they transgress fundamental rights or the basic structure of the Indian Constitution. (The doctrine of ‘basic structure was propounded  in the Kesavanand Bharati case on 24 April 1973)

3. Article 31 C – Saving of certain laws giving effect to Directive Principles

This article says that no law that seeks to implement socialistic directive principles under Articles 39 (b) and (c) shall be declared invalid based on infringement of the fundamental rights under Articles 14 or 19.

6. Right to Constitutional Remedies

1. article 32 – constitutional remedies.

Article 32 of Indian Constitution is considered the most crucial article because, as per this article, the right to have one’s fundamental rights protected is itself a fundamental right.

• It confers the right to remedies for enforcing the fundamental rights of an aggrieved citizen.
• The Supreme Court has held that Article 32 constitutes the basic structure of the Constitution. Hence, it cannot be abridged or taken away even by an amendment to the Constitution.
• The provisions under this article are the following:
• The right to move the Supreme Court by appropriate proceedings for enforcing the Fundamental Rights.
• The Supreme Court shall have the power to issue directions, orders, or writs to enforce fundamental rights.
• Parliament has the ability to empower any other court to issue directions, orders and writs. Any other court does not include high courts here because these powers have already been conferred on the high courts.
• Article 32 cannot be suspended except as provided for by the Constitution.
• In the case of a national emergency, the rights under this article can be suspended by the President ( Article 359 ).
• Article 32 provides protection only to the fundamental rights, not any other rights like non-fundamental constitutional, statutory, customary, etc.

Borrowed from English law they are known as ‘prerogative writs’ .

Before 1950, only the Calcutta, Madras and Bombay High Courts had the power to issue the writs.

• The Supreme Court, in the Chandra Kumar Case of 1997 , ruled that the writ jurisdiction of the Supreme Court as well as the High Court is a part of the basic structure of the Constitution. Hence, it cannot be taken away even by an amendment to the Constitution.

Types of Writs

Habeas corpus – meaning ‘to have the body of’ ..

• The order issued by a court to a person who has detained another person to produce the body of the latter before the court. After that, the court examines the cause and legality of the detention, which would set the detained person free if the detention is illegal.
• According to Article 22 , only 24-hour detention is allowed; after that, it becomes illegal unless authorised by the magistrate.
• This writ is the bulwark of individual liberty against arbitrary detention.
• Detention is by law
• The proceeding is for contempt of a court or a legislature
• The arrest is by a competent court, and
• The court has no jurisdiction over detention.

Mandamus – meaning ‘we command’ .

• Command issued by the court to a public official directing him to carry out the official duties that he has failed to fulfil and that is violating somebody’s rights.
• It cannot be issued against –
• a private individual or body;
• to enforce departmental instruction that does not have statutory force;
• when the duty is voluntary and not mandatory;
• to enforce a contractual obligation;
• against the President of India or the governors of the states
• against the Chief Justice of a High Court performing in a judicial capacity

Prohibition

• It is issued by a higher court to a lower court or tribunal to stop the latter from going beyond its jurisdiction or usurping a jurisdiction it does not possess.
• Thus, unlike the mandamus that directs activity, the prohibition directs inactivity.
• It can be issued only against judicial and quasi-judicial bodies.  

Certiorari – meaning ‘to be certified’ or ‘to be informed .’

• A higher court may issue this writ to a lower court or tribunal in order to transfer or overturn the lower court’s decision in a matter.
• It is issued for excess jurisdiction, lack of jurisdiction, or error of law.
• Thus, prohibition is only preventive , while Certiorari is both preventive and curative .
• Initially, Certiorari could be issued only against judicial and quasi-judicial bodies and not against administrative authorities. However, in 1991, SC ruled that the Certiorari could be issued even against administrative authorities affecting the rights of individuals.
• Similar to Prohibition, Certiorari is also not available against legislative bodies and private individuals or bodies.

Quo-Warranto – meaning ‘by what authority.’

• It is issued by the court to enquire into the legality of a person’s claim to a public office.
• Hence, it prevents the illegal usurpation of public office by a person.
• This writ can be issued only in case of substantive public offices of a permanent nature established by statute or the Constitution.
• In cases of ministerial office or private office, it cannot be issued.
• Any interested person can seek this writ not necessarily the aggrieved person.

Non-Applicability of Fundamental rights in certain situations

1. article 33 – application of fundamental rights to armed forces.

Article 33 gives Parliament the authority to limit or eliminate the fundamental rights of “Members of the Armed Forces, police forces, paramilitary forces, intelligence agencies, and equivalent forces.”

• The purpose of this rule is to guarantee that they carry out their responsibilities properly and maintain discipline among themselves.
• Only Parliament, not state legislatures , can pass laws under Article 33.
• Any law passed by Parliament cannot be challenged in court because it violates one or more fundamental rights.
• Civilian employees of the armed forces , such as barbers, mechanics, cooks, carpenters, watchmen, bootmakers, and tailors, are included in the term “members of the armed forces.
• Regarding implementing Fundamental Rights, a parliamentary law issued under Article 33 can also exclude the court-martial (tribunals formed under military law) from the Supreme Court’s and the high court’s writ jurisdiction.

2. Article 34 – Application of Fundamental rights in Martial Law

It restricts fundamental rights while martial law is in force in any area within the Indian territory. The expression ‘martial law’ has not been defined in the Constitution , but literally, it means ‘military rule’.

• Martial law is implemented under extraordinary circumstances like war, insurrection, invasion, rebellion, riot or violent resistance to the law.
• Article 34  authorises the Parliament to indemnify (compensate) any government employee or any other person for any act carried out by him in connection with maintaining or restoring order in any area where martial law was in effect.
• The Act of Indemnity made by the Parliament cannot be challenged in any court on the grounds of infringement of any fundamental rights.

Legislation to give effect to Part III

Article 35 – legislations to enact fundamental rights..

Article 35 enables the Parliament to enact laws on the specified matters, even those that may fall within the purview of the state legislatures (i.e., State List). These are matters prescribed under :

• Article 16(3): Prescribing residence as a prerequisite for certain employment or appointments in a state/Union territory/local or any other body.
• Article 32: Empowering courts (other than Supreme Court and high courts) to issue directions, orders and writs to enforce fundamental rights .
• Article 33: Restricting or repealing the application of Fundamental Rights to members of armed forces, police, etc.
• Article 34: Indemnifying any government employee or any other person for any act done during the operation of martial law in any area. [Article 34]
• Outlining punishment for offences for violation of certain fundamental rights such as forced labour (Article 23), human trafficking (Article 24), and Untouchability (Article 17) .

Note: On all other matters, Parliament, as well as state legislatures, have the power to enact laws to enforce fundamental rights (subject to the powers as per Union, State and Concurrent lists).

Rights outside Part III

There are certain rights that citizens enjoy that are constitutional but are found outside the Part III of the Constitution. These are:

• Right to Property (Article 300 A)
• Right to vote (Article 326)
• No tax can be imposed except by the authority of law (Article 265)

Doctrines Related to Fundamental Rights

Over the years, the Supreme Court has established certain doctrines related to Fundamental Rights:

Doctrine of Severability :

Doctrine of eclipse :, doctrine of non-waiver :, suspension of fundamental rights.

In the case of a National Emergency, fundamental rights can be suspended in part or whole of the country. These provisions are contained in the Part 18 (Emergency Provisions) of our Constitution.

• FRs can be suspended only during a National Emergency (Article 352) .
• Article 19 is automatically suspended in case of war and external aggression , but in case of armed rebellion, Article 19 is suspended only if the President Issues a separate order under Article 359 .
• According to 44 th CAA 1978 , a Presidential order under Article 359 can suspend all fundamental rights except Articles 20 and 21 .

Significance of Fundamental Rights

• Integral to Personal Development: Fundamental rights are essential for the preservation of Human dignity and the development of the personality of an individual. These rights provide a very robust defence of individual liberty .
• Checks Government’s Authority : It enforces the ‘Rule of Law’ and keeps a check on the government’s authoritarianism.
• Strengthens Democracy: Without these fundamental rights, democracy would be limited to mere electoral exercise. These rights enforce substantive aspects of democracy , such as freedom of speech and expression, liberty, etc.
• Social Justice to Weaker Section: It provides social justice to the weaker sections of society in the form of affirmative actions like reservation in educational institutions and government appointments.
• Protection of Minorities : It protects the interests of minorities by providing them with freedom of religion and cultural and educational rights.

Criticism of the Fundamental Rights

• Absence of Economic Rights: The Fundamental Rights are criticised for not providing the right to work, the right to employment, the right to economic assistance and several such economic rights. These rights are part of Directive principles and can not be enforced.
• Limitations: The right to speech and expression (Article 19) and the right to life and liberty (Article 21) have many limiting provisions. These rights are subject to a number of exceptions; ‘reasonable restrictions’ makes the critics argue that fundamental rights should be renamed as “limitations to the fundamental rights” . These restrictions are not stated explicitly, causing ambiguity, which leads to misuse of the provisions and unnecessary litigation.
• Preventive Detention: It goes against the principle of individual liberty and dignity , and nowhere in the democratic world is there the provision of preventive detention in the Constitution itself. These provisions provide excessive arbitrary powers to the government, which is antithetical to rights and liberty.
• Suspension of Fundamental Rights : The suspension of fundamental rights during an emergency puts the rights of individuals at risk.
• Expensive and Cumbersome Judicial Process : The Constitution has placed the responsibility of protecting these fundamental rights on the judiciary. However, the judicial process is not only a costly affair but also marred by the pendency of cases.
• No Consistent Philosophy : According to Sir Ivor Jennings , the fundamental rights given in the Constitution are not based on any consistent philosophy; it is influenced by the bitter experiences of colonial rule, western liberal values, a desire to reform social institutions, etc. However, this complexity poses a challenge to the judiciary in interpreting these rights.

Explore additional significant articles on Indian Constitution listed in the table below:

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Q. Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy. (250 words, 15 Marks)

Introduction:

Fundamental Rights, enshrined in Part III of the Indian Constitution, stand as the cornerstone of the democratic values the country sustains, ensuring dignity, equality, and freedom to every citizen. These rights, although explicitly articulated, have seen expansive interpretation by the judiciary over the years. A monumental addition to these interpretations was the recognition of the ‘Right to Privacy’ as an intrinsic part of the Fundamental Rights under Articles 14, 19, and 21, as adjudicated in the landmark case of Justice K.S. Puttaswamy (Retd.) vs Union of India (2017).

Evolution Towards the Puttaswamy Judgment:

• The judicial journey towards recognizing privacy as a fundamental right was not straightforward. Earlier verdicts, such as in the Kharak Singh vs State of UP case, did not acknowledge privacy as a constitutionally protected right. However, the evolving democratic needs and complexities of human life necessitated a broader perspective.
• The Puttaswamy case emerged in the wake of privacy concerns triggered by the Aadhaar scheme, demanding clarity on the legal position of privacy rights.

Unpacking the Puttaswamy Judgment:

• The Supreme Court, in a historic verdict, declared the right to privacy as an intrinsic part of the right to life and personal liberty under Article 21 and other intertwined rights guaranteed by the Constitution.
• It established critical tests for any infringement on privacy, including legality, necessity, and proportionality, thereby setting a threshold for state action.
• This judgment underlined the nuanced facets of privacy, like informational privacy, bodily privacy, privacy of mind, and the privacy of choice, emphasizing the importance of dignity and freedom.

Broader Implications on Fundamental Rights:

• The affirmation of the right to privacy had a ripple effect on various aspects of law and society. The decriminalization of homosexuality through the Navtej Singh Johar vs Union of India case was a direct consequence, emphasizing individual autonomy.
• The recognition of the ‘ Right to be Forgotten’ in the digital space further enhanced individual freedom, allowing people to have a say in their perpetual digital footprints.

Challenges and Subsequent Measures:

• Despite these progressive steps, the enforcement of the right to privacy faces hurdles, particularly concerning data protection in the digital era and state surveillance.
• Acknowledging these challenges, the government has initiated steps like the draft Personal Data Protection Bill, which seeks to protect personal data and establishes the Data Protection Authority of India. 
• This initiative underscores the commitment to safeguarding privacy post the Puttaswamy judgment, although it awaits further refinement and enactment.

Conclusion:

The Puttaswamy judgment is a testament to the living nature of the Indian Constitution, adapting to the contemporary needs of society. By embedding the right to privacy within the realm of fundamental rights, the Supreme Court has re-emphasized the Constitution’s commitment to human dignity, personal autonomy, and individual freedom. However, this is just the foundation. The efficacy of this right hinges on robust legislative frameworks, effective enforcement mechanisms, and, importantly, a vigilant citizenry aware of their entitlements. The balance between individual privacy and state interest is delicate and requires constant recalibration, keeping national security, technological advancements, and societal needs in perspective. In the evolving democratic landscape, the right to privacy cannot be an absolute right but should always be a protected one.

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Make Your Note

Fundamental Rights (Part-2)

• 05 Apr 2021
• 17 min read
• GS Paper - 1
• Social Empowerment
• GS Paper - 2
• Fundamental Rights

Fundamental Rights (Part-1)

Right Against Exploitation (Article 23 and 24)

• The Article 23 of the Indian Constitution prohibits human trafficking and begar (forced labour without payment) to protect the millions of underprivileged and deprived people of the country.
• The right is available to citizens of India as well as to non-citizens.
• Selling and buying of men, women and children.
• Prostitution
• The Immoral Traffic (Prevention) Act 13, 1956 has been enacted to deal with violations of this fundamental right.
• However, it did not prohibit their employment in any harmless or innocent work.
• The 2016 amendment of this act completely prohibited employment or of children below 14 years of age in all occupations and processes.
• It also prohibited the employment of adolescents (14-18 years of age) in hazardous occupations or processes.

Right to Freedom of Religion (Article 25-28)

• Conscience: A person may or may not choose to follow any religion.
• Right to Profess: One can declare his/her religious beliefs and faith openly and freely.
• Right to Practice: Performance of religious worship, rituals, ceremonies and exhibition of beliefs and ideas.
• It only gives us the right to spread information about our religion and thus attract others to it.
• Such restrictions cannot be opposed in the name of interference in the right to freedom of religion.
• It also empowers the religious denominations to manage their own affairs in matters of religion.
• Moreover, the right to own and acquire movable and immovable property and the right to administer such property is also provided to every religious denomination.
• The rights provided under Article 26 are also subjected to public order, morality and health.
• Favouring, patronising or supporting any religion over the other is prohibited.
• The purpose of a fee is to control secular administration of religious institutions and not to promote or maintain religion.
• However, the provision is not applicable to educational institutions administered by the State or established under any endowment or trust.
• In case of a minor, the consent of his guardian is needed.

Cultural and Educational Rights (Article 29 and 30)

• Further, it says that no citizen shall be denied admission into any educational institution on grounds only of religion, race, caste, or language (it provides the rights to an individual citizen).
• However, the rights are not necessarily restricted to minorities only, as it is commonly assumed to be. It includes minorities as well as the majority.
• The right to establish and administer educational institutions of their choice.
• This provision was added by the 44 th Amendment Act, 1978 to protect the right of minorities in this regard.
• The State shall not discriminate against any educational institution managed by a minority.
• Thus, the protection under Article 30 is confined only to minorities (religious, cultural or linguistic) and does not extend to any other section of citizens (as under Article 29).

Article 31, 31A, 31B and 31C

• However, being one the most controversial rights, the 44 th Amendment Act of 1978 abolished the right to property as a Fundamental Right and made it a legal right (constitutional right) under Article 300A in Part XII of the Constitution.
• Article 31C was inserted in the Constitution by 25 th Amendment Act, 1971.
• Acquisition of estates and related rights by the State;
• Taking over the management of properties by the State;
• Amalgamation of corporations;
• Extinguishment or modification of rights of directors or shareholders of corporations
• Extinguishment or modification of mining leases.
• It also provides the guaranteed right to compensation in case of acquisition or requisition of the private property by the state.
• The scope of Article 31B is wider than Article 31A as it immunises any law included in the Ninth Schedule from the Fundamental Rights (unlike article 31A that protects only five categories).
• The Supreme Court first propounded the doctrine of ‘basic structure’ of the constitution in the Kesavananda Bharati on April 24, 1973.
• It says that no law that seeks to implement socialistic directive principles specified in Articles 39 (b) and (c), shall be declared void on the grounds of contravention of the fundamental rights conferred by Article 14 or Article 19.
• Moreover, no law containing a declaration that it is for giving effect to such policy shall be questioned in any court on the ground that it does not give effect to such a policy.

Articles 31A, 31B and 31C have been retained as exceptions to the fundamental rights.

Right to Constitutional Remedies (Article 32)

• It confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen.
• The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. Hence, it cannot be abridged or taken away even by way of an amendment to the Constitution.
• The right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights.
• The Supreme Court shall have power to issue directions or orders or writs for the enforcement of any of the fundamental rights.
• Any other court here does not include high courts because (Article 226) has already conferred these powers on the high courts.
• In the case of national emergency, the right can be suspended by the President ( Article 359 ).
• The violation of a fundamental right is the sine qua non (absolutely necessary condition) for the exercise of the right conferred by Article 32.

Article 33, 34 and 35

• The objective of this provision is to ensure the proper discharge of their duties and the maintenance of discipline among them.
• Any such law made by Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.
• The ‘members of the armed forces’ also covers non-combatant employees of the armed forces such as barbers, carpenters, mechanics, cooks, chowkidars, bootmakers and tailors.
• The martial law is imposed under extraordinary circumstances like war, invasion, insurrection, rebellion, riot or any violent resistance to law.
• The Act of Indemnity made by the Parliament cannot be challenged in any court on the ground of contravention of any of the fundamental rights.
• Prescribing residence as a condition for certain employment or appointments in a state/UT/local or any other authority.
• Empowering courts other than the Supreme Court and the high courts to issue directions, orders and writs for the enforcement of fundamental rights.
• Restricting or abrogating the application of Fundamental Rights to members of armed forces, police forces, etc.
• Indemnifying any government servant or any other person for any act done during the operation of martial law in any area.
• The Parliament has powers to make laws prescribing punishment for offences such as untouchability and traffic in human beings and forced labour.
• Article 35 extends the competence of the Parliament to make a law on the specified matters even those matters which may fall within the sphere of the state legislatures (i.e., State List).
• They provide necessary conditions for the material and moral protection of man and ensure the liberty of every individual.
• These rights protect the interests of minorities and weaker sections of society and also strengthen the notion of India as a secular State.
• They ensure the dignity and respect of individuals by laying down the foundation of social equality and justice.

Fundamental Rights

Introduction:

Fundamental Rights are defined in Part III of the Constitution and are guaranteed to all persons without any discrimination . 

• Six Fundamental Rights given in the constitution

Importance of FRs:

• Promotes democratic value
• It protects the liberties and freedom of the citizens against any invasion by the state. 
• Individual development: Essential for the all-round development (material, intellectual, moral and spiritual) of the individuals and the country.
• Prevents: Establishment of the authoritarian and dictatorial rule in the country.
• Limits tyranny: It acts as a limitation on the tyranny of the executive and arbitrary laws of the legislature. 
• Rule of Law: They aim at establishing ‘a government of laws and not of men’.

Features of FRs:

• Availability: Some of the FRs are available only to the citizens (Article 15, 16, 19, 29, 30) while others are available to all persons whether citizens, foreigners or legal persons like corporations or companies. 
• Not absolute but qualified: Reasonable restrictions can be imposed by the state based on reasonableness as they are not absolute but qualified.
• Justiciable in nature: They are defended and guaranteed by the Supreme Court. 
• Checks authoritarianism: Most of them are available against the arbitrary action of the State, with a few exceptions like of private individuals.
• Positive and Negative in nature: Some of them are negative in character, i.e., place limitations on the authority of the State, while others are positive in nature, conferring certain privileges on the persons.
• Neither sacrosanct nor permanent: They can be curtailed or repealed by Parliament without affecting the ‘basic structure’ of the Constitution or can be suspended during national emergency.
• Restrictions: Their application can be restricted: 
• To the members of armed forces, para-military forces, police forces, intelligence agencies and analogous services can be restricted or abrogated by the Parliament (Article 33).
• While martial law is in force in any area (Article 34)

Detailed Analysis of Fundamental Rights (FR’s)

Article 12: It defines the term ‘state’ for the purposes of Part III . 

• Article 12 and applicability on United Nation (UN): The Delhi High Court has ruled earlier that the UN is not a State under Article 12 and hence cannot be brought under the jurisdiction. 
• Article 12 and PM CARES fund: The Centre recently informed the Delhi High Court in a plea seeking to declare the fund a ‘state’ under Article 12 that:
• PM CARES Fund is set up as a public charitable trust and is not created under the Constitution or any law made by the Parliament or the state.

Article 13: It declares that any law that is inconsistent with or in derogation of any of the fundamental rights shall be void. Thus, it expressively provides for the doctrine of judicial review . 

• The power of Judicial Review: Supreme Court (Article 32) and the High Courts (Article 226).
• Personal laws and Article 13 : The judiciary in various decisions had avoided to take decisions on personal matters as these are related to religion and are sensitive issues. 
• Nevertheless, there have been instances where courts have had set aside the personal laws, e.g., triple talak in India , 

Right to Equality (Article 14-18)

Article 14 (Equality before law)

• The State shall not deny to any person Equality before Law or Equal Protection of Law within the territory of India.
• Article 14 forbids class legislation but permits reasonable classification of persons, objects and transactions by the law. But the classification should not be arbitrary, artificial or evasive. Ex: Women & children, socially and economically backward classes, SC and ST etc.
• The Citizenship (Amendment) Act and Article 14 : S. R. Bommai Case (1994)- The Supreme Court held that no law can be enacted by the Parliament or by a state legislature on the basis of religion.
• NHAI case (2021): The SC held that every action of the state must be fair, failing which, it will fall foul of the fundamental right to equality enshrined in Article 14 of the Constitution.
• The Supreme Court has held that every action of the state must be fair, failing which it will fall foul of the fundamental right to equality enshrined in Article 14 of the Constitution.

Article 15 (Prohibition of discrimination on certain grounds)

It has two provisions :

• 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 be subject to any disability, liability, restriction or condition on grounds only of religion, race, caste, sex, place of birth or any of them: 

Reservation policy in India:

• Current reservation status in India: SC (15%), ST (7.5%), OBC (27%), PwD (3%) and EWS (10%).
• Indra Sawhney Case (1992): Upheld 27% quota in government jobs for backward classes with elimination of Creamy Layer , is constitutionally valid. 
• The total reservation shall not exceed 50% of seats and they shall only confine to initial appointments and not to promotions.
• M. Nagaraj Case (2006): Validated reservations for SCs and STs to include promotions with three conditions for stats:
• To provide proof for the backwardness of the class benefitting from the reservation.
• To collect quantifiable data showing inadequacy of representation of that class in public employment.
• To show how reservations in promotions would further administrative efficiency .
• Jarnail Singh Case (2018): SC held that the government need not collect quantifiable data to demonstrate backwardness of SC/STs to provide reservations for them in promotions.

• Supreme court on 103 rd AA (EWS): In a 3-2 majority , the SC upheld the 103rd CAA providing EWS reservation. With this, the Court extended the net of reservation benefits to include solely economic backwardness.
• Reservation to OBCs in the local bodies (Triple Test): Allahabad High Court ordered the UP government to hold urban local body elections without reservation for Other Backward Classes (OBCs) because the ‘triple test’ requirement for the quota had not been fulfilled. 
• The triple test (outlined in Vikas Kishanrao Gawali vs. State of Maharashtra and others , 2021) requires the government to complete three tasks. These include:
• To set up a dedicated commission to conduct a rigorous empirical inquiry into the nature and implications of the backwardness in local bodies,
• To specify the proportion of reservation required in local bodies in light of recommendations of the commission, so as not to fall foul of overbreadth,
• To ensure reservation for SCs/STs/OBCs taken together does not exceed an aggregate of 50% of the total seats. 

Way Forward for Reservations in India

Revisiting Reservation: A Step Towards Transformative Constitutionalism : 

• After 75 years of Independence, she suggests a reevaluation of the system in the larger interest of society, as a progressive move towards transformative constitutionalism.

Article 16 (Equality of opportunity in matters of public employment)

• No citizen can be discriminated against or be ineligible for any employment or office under the State on grounds of only religion, race, caste, sex, descent, place of birth or residence.
• Exception: Parliament can prescribe residence as a condition for certain employment or appointment in a state or union territory or local authority or other authority.
• Demand for local reservation: Various states have passed a law mandating reservation of jobs in the private sector for locals of that states. E.g., Andhra Pradesh, Haryana etc.

Way Forward:

• Protecting Workplace Diversity: The Centre should discourage such legislation that jeopardizes workplace diversity. 
• Preserving Social Fabric: Imposing insularity through such law’s risks immobilizing the talented young workforce and disrupting the social fabric. 
• Preventing Unstoppable Consequences: Urgent central intervention is necessary to prevent a downward spiral that could have far-reaching and irreversible consequences.

Article 17: Abolition of Untouchability

• It abolishes ‘ untouchability ’ and forbids its practice in any form. The enforcement of any disability arising out of “uuntouchability” shall be an offence punishable in accordance with law.
• Protection of Civil Rights Act, 1955: It enlarged the scope and made penal provisions more stringent given under the uuntouchability (Offences) Act, 1955.
• Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989: For prevention of atrocities on SCs and STs and practice of untouchability by increased surveillance.
• Maharashtra's law against social boycott: The new law disallows social boycott in the name of caste, community, religion, rituals or customs.

Way Forward: To achieve Article 17's vision of eradicating untouchability and caste discrimination: 

• Promote awareness and education ???? Strengthen legal framework ???? Empower marginalized communities ???? Encourage social integration ???? Combat prejudice and stereotypes ???? Support grassroots movements ???? Sensitize government machinery ???? Strengthen monitoring and reporting ???? Foster social solidarity ???? Embrace inclusive policies.

Article 18: Abolition of Titles

• It abolishes titles and provides certain conditions including:
• It prohibits the state from conferring any title on any citizen or a foreigner (except a military or academic distinction).
• It prohibits a citizen of India from accepting any title from any foreign state.
• 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 of India.
• No citizen or foreigner holding any office of profit or trust within the territory of India can accept any present, emolument or office from or under any foreign State without the consent of the president.

Right to Freedom (Article 19-22)

Article 19 (Protection of certain rights regarding freedom of speech, etc.)

Article 19: Fundamental freedoms in Indian Constitution

• Freedom of speech and expression ???? Freedom of assembly ???? Freedom of association ???? Freedom of movement ???? Freedom of residence and settlement ???? Freedom of profession, occupation, trade, or business. 

Restrictions apply in the interest of sovereignty, public order, morality, or India's integrity.

• Expansion of scope of Article 19: The SC recently in a 4-1 majority ruling said that “a fundamental right under Article 19/21 can be enforced even against persons other than the State or its instrumentalities”.
• Significance: The court, extending free speech against private citizens, opens up a range of possibilities in Constitutional law.
• It extended the ground for seeking these rights against other citizens.
• This interpretation could also bring an obligation on the state to ensure private entities also abide by Constitutional norms. 
• These questions could hypothetically range from seeking enforcement of privacy rights against a private doctor to seeking the right to free speech against a private social media entity.

Sedition Law: 

• Section 124A: Section 124A of the Indian Penal Code penalizes a crime against the state. 
• It defines the crime as bringing “into hatred or contempt, or excites or attempts to excite disaffection towards the government established by law in India.”
• Kedar Nath Singh Case (1962): Supreme court upheld the constitutional validity of sedition law, but restricted its scope for misuse and held that criticism of the government cannot be labelled sedition unless accompanied by violence.
• 22nd Law Commission in its 279th report has recommended that the provision of sedition (Section 124A) be retained with procedural safeguards and enhanced jail term. It broadly recommended three things : 
• Widening the scope of sedition; 
• Adding a higher quantum of punishment, and 
• Incorporating ‘procedsural safeguards’ to prevent misuse.

Reasons to retain the Sedition Law: 

• To safeguard the unity and integrity of India: India’s internal security, including Maoist extremism, militancy and ethnic conflict necessitate retaining the law on sedition. 
• Realities differ in every jurisdiction : Courts of competitive jurisdictions, like the US, the UK, etc. have made mere cosmetic changes have been affected in the law of sedition, without taking away the core substance of the offence.
• Existence of counter-terror legislations: The existence of anti-terror legislations does not by “implication cover all elements of the offence and envisaged under Section 124A of IPC.
• Sedition being a colonial legacy: Merely ascribing the term ‘colonial’ to a law or institution does not by itself, ascribe it to an idea of anachronism.

Criticism of the Law: On ground of curtailing freedom of speech, colonial legacy, downgrading democracy, misuse. 

Supreme Court Upholds Free Speech Rights of Ministers: 

• On January 3, 2023, the Supreme Court ruled that "additional restrictions" should not be imposed on the right to free speech of Ministers. 
• The Court also stated that the government cannot be held vicariously liable for disparaging remarks made by Ministers, even if those comments are related to state affairs or intended to protect the government.

Way Forward: An effective legal framework against hate speech is what is needed more than one to penalise speech or writing that targets the government. 

Article 20 (Protection in respect of conviction for offences)

• It grants protection against arbitrary and excessive punishment to an accused person, whether citizen or foreigner or legal person like a company or a corporation. It contains following provisions. 
• It has provided for: No ex-post-facto law, No double jeopardy & No self-incrimination.
• The SC recently refused to hear a plea by Delhi Deputy Chief Minister seeking bail in the excise policy case approaching it directly under Article 32 of the Constitution when the remedy of moving the High Court under Section 482 of the CrPC was available to him.
• The court had rejected the arguments that he had a right against self-incrimination.

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.

Capital Punishment and Right to life

• Bachan Singh v State of Punjab (1980): Upheld the constitutionality of capital punishment on the condition that the punishment will be awarded in the “rarest of the rare” cases which was reiterated in Mithu v State of Punjab (1982) ruling. 
• Machhi Singh And Others vs State of Punjab (1983): Introduced “ collective conscience ” into the capital sentencing framework and laid down five categories, wherein the community would “expect the holders of judicial power to impose death sentence, because collective conscience was sufficiently outraged ”.
• Recently SC gave two new opinions on capital punishment: 
• Need of adequate sentencing hearing: The catena of judgments on sentencing hearings talks about a “meaningful, real and effective hearing” for the accused before awarding the death sentence, wherein the accused can have an “opportunity to adduce material relevant for the question of sentencing.”
• Methods of hanging: Hanging by the neck to execute the death sentence can be declared unconstitutional if there is scientific material favoring a different method of execution as less painful and “more consistent with human dignity”. 
• Former Chief Justice of India’s Bold Initiatives in Death Penalty Law:
• Chief Justice U.U. Lalit has taken significant steps to address anomalies in the operation of the death penalty law. 
• Through creative directions and guidelines, he has shown sensitivity towards death-row prisoners and worked towards corrections. 
• This approach has continued under his leadership, as seen in the Prakash Vishwanath and Mohd. Firoz cases.

Right to Privacy versus right to be forgotten

• Meaning: It, essentially, means that a person has the right to get their personal information removed from public resources if they wish so.
• Delhi High Court in Jorawer Singh Mundy v Union of India:   Recognized that a person's personal and professional life can be hampered if appropriate relief is not granted against publication or republication of data. It also directed to remove the judgements of acquittal and google was asked to block the content from coming up in a search.
• Right to be forgotten and Indian Laws: There is no formal legislation in India yet that scrutinizes the need for the Right to be Forgotten. However, the judicial precedent leads towards acceptance of the right. 
• The new Personal Data Protection Bill attempts to provide the citizens with more autonomy over their data and encapsulates the theory behind the EU's General Data Protection Regulation.
• Srikrishna Committee’s report: Included the concept of Right to forgotten under the Personal Data Protection Bill, 2019, with following features: the right to restrict or prevent the continuing disclosure.
• Global Practice: Right to be forgotten has been codified under the European Union’s General Data Protection Regulation (GDPR) in addition to the right to erasure.

Environment and Article 21 : Article 21 guarantees fundamental right to life. Right to healthy environment is important attribute of right to live with human dignity. 

• The right to live in a healthy environment as part of Article 21 of the Constitution was first recognized in the case of Rural Litigation and Entitlement Kendra vs. State, 1988 (Popularly known as Dehradun Quarrying Case ).
• M.C. Mehta v. Kamal Nath: Any disruption of the basic environment elements of air, water, and soil, which are necessary for life, would be a threat to life under Article 21.
• Subhash Kumar v. State of Bihar (1991): Held that Article 21 includes the right to a wholesome environment. 
• Virender Gaur v. State of Haryana (1994): It was held that enjoyment of life and right to live with dignity includes the protection and preservation of the environment and without it, life could not be enjoyed.
• Precautionary Principle: It states that the government must anticipate, prevent, and combat environmental deterioration.

• The SC recognized the Precautionary Principle as an important component of sustainable development and derived its application from Articles 21, 48A, and 51A(g) of the Constitution.
• Philosophy of biocentrism: It holds that the natural environment has its own set of rights which is independent of its ability to be exploited by or to be useful to humans.
• Biocentrism often comes into conflict with its contrarian philosophy, namely anthropocentrism. 
• Public Trust Doctrine (PTD) : It is a doctrine that governs the management of natural resources and the environment and has root in Roman law. 
• It acts as a public property doctrine by limiting the government’s actions over public property. 
• According to this doctrine, the public is treated as the beneficiaries while the government is their trustee.
• SC recently upheld the doctrine and said: The State was only a trustee holding the wealth safe for its ultimate beneficiary, the public . The principle of sustainable development remains a vital check on unbridled expansion.

Right to shelter: Delhi HC said “Homeless does not live but merely exist and life as envisaged by Article 21 of the Constitution is unknown to them”. 

• Slum-dwellers do not stay in slums out of choice. Their choice of residence is the last-ditch effort at securing, for themselves, what the Constitution regards as an inalienable adjunct to the right to life under Article 21, viz. the right to shelter and a roof over their heads. As to whether the roof provides any shelter at all is, of course, another matter altogether,”.

Right to Health : Rajasthan Government recently passed the  “Right to Health Bill”, which gives every resident of the state the right to avail free services at all public health facilities. 

• The Right to Health is in sync with the constitutional guarantee of right to life under Article 21, and other components of the Directive Principles. 
• A constitutional ‘Right to Health’ at the national level will transform not only the health and well-being of our people but will act as a leap for the economic and developmental progress of the nation.
• In 2021, Villupuram Member of Parliament urged the Centre to introduce a Bill in Parliament to amend Article 21 of the Constitution and make healthcare as a fundamental right for all citizens.

Article 22 (Protection against arrest and detention in certain cases)

• Article 22 has two parts: First is when a person who is arrested or detained under an ordinary law and second when a person is arrested or detained under a preventive detention law.
• Preventive detention: Cannot exceed three months unless an advisory board reports sufficient cause for extended detention. 
• No democratic country in the world has made preventive detention as an integral part of the Constitution.

Supreme Court Limits Preventive Detention : 

• In 2022, the Supreme Court restricts the use of preventive detention to exceptional circumstances, cautioning against its misuse in ordinary law and order situations.

Right Against Exploitation (Article 23-24)

Article 23 (Prohibition of traffic in human beings and forced labour)

• It prohibits traffic in human beings, beggar (forced labour) and other similar forms of forced labour. 
• Exception: It permits the State to impose compulsory service for public purposes, as for example, military service or social service, for which it is not bound to pay.
• PUDR vs. Union of India: The Court held that the right against forced labour included the right to a minimum wage.
• The compulsion of economic circumstance which leaves no choice of alternatives to a person in want and compels a person to provide labour or service is no less a form of forced labour than any other, and its remedy lay in a constitutional guarantee of the minimum wage.

Article 24 (Prohibition of employment of children in factories, etc.)

• It prohibits the employment of children below the age of 14 years in any factory, mine or other hazardous activities like construction work or railway. But it does not prohibit their employment in any harmless or innocent work.
• Steps taken to prohibit Child Labour in India:
• Child Labour (Prohibition and Regulation) Act, 1986
• Commissions for Protection of Child Rights Act, 2005 was enacted to provide for the establishment of a National Commission and State Commissions for Protection of Child Rights and Children’s Courts
• The Child Labour (Prohibition and Regulation) Amendment Act, 2016 , amended the 1986 Act and renamed the Principal Act as the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.
• Child Labour Amendment Act, 2016: Prohibits the employment of children below 14 years in all occupations and processes and also prohibits the employment of adolescents (14-18 years) in certain hazardous occupations and processes.

Right to Freedom of Religion (Article 25-28)

Article 25 (Freedom of conscience and free profession, practice and propagation of religion)

Religious conversion: Article 25 does not include a right to convert another person to one’s own religion. Forcible conversions impinge on the ‘freedom of conscience’ guaranteed to all the persons alike.

• Supreme court on forced conversion: If such religious conversions are not stopped, they may pose a danger to the national security and the fundamental right of the citizens to freedom of religion and conscience. 
• The Court observed in this connection that there may be freedom of religion, but there cannot be freedom of religion by forced conversion.
• States enacted anti-conversion law in India: Arunachal Pradesh, Orissa, Madhya Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, and Uttarakhand.
• Intentions Behind Charitable Acts: Recently, a Bench led by Justice M.R. Shah said ??acts of charity or good work to help a community or the poor should not cloak an intention to religiously convert them as payback.

Issue of Hijab in Karnataka: Karnataka HC upheld the state government's ban on hijab in educational institutes and said that it is not essential religious practice in Islamic law and said that uniform is a reasonable restriction constitutionally permissible which the students cannot object to.

• Reason to disallow hijab in school: To prevent two categories of students and to prevent discrimination which can crystallise in the minds of young people. 
• Doctrine of essential religious practices: Provided in the Shirur Mutt case (1954) that the term “religion” will cover all rituals and practices “integral” to a religion and test to determine what is integral is termed the “ essential religious practices” test. What constitutes the essential part of a religion is to be determined with reference to the doctrines of that religion itself.
• Arguments against: Muslim students had argued that the ban on the hijab violated their Right to Freedom of Conscience under Article 25 of the Constitution of India, 1950. 
• Citing Bijoe Emmanuel v State of Kerala, 1986, Muslim students argued that since wearing the hijab is a part of their conscientious belief, it must be protected.

Way Forward: "Promoting Religious Freedom and Harmony in India" 

• Strengthening Legal Protection, Ensuring Equality and Non-Discrimination, Monitoring and Addressing Violations, Judicial Review and Constitutional Interpretation

Article 26 (Freedom to manage religious affairs)

• Article 25 & Article 26:   Article 25 guarantees rights of individuals, while Article 26 protects collective freedom of religion. 
• Fathima Tasneem v State of Kerala (2018): Kerala HC held that collective rights of an institution would be given primacy over individual rights of the petitioner.
• Criticism: It is better for the court to prohibit religious practices for public order rather than determine what is so essential to a religion that it needs to be protected.
• The 22nd Law Commission of India sought the views of religious organisations and the public on the issue of a Uniform Civil Code (UCC).

Article 27 (Freedom as to payment of taxes for promotion of any particular religion)

• State of Gujarat v Islamic Relief Committee of Gujarat case
• Diverting tax proceeds for restoring religious shrines, even if destroyed due to the state's negligence, violates the principles of secularism. 
• The court emphasized a conception of secularism based on the strict separation principle.
• Compensation can be sought only for violations of the right to life and not for other fundamental rights.

Article 28  

• Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Article 29 (Protection of interests of minorities)

• The SC on Article 29: The right to conserve the language includes the right to agitate for the protection of the language . Hence, the political speeches or promises made for the conservation of the language of a section of the citizens does not amount to corrupt practice under the RPA, 1951.
• Identification of Minorities: The Supreme Court recently observed that it is "contrary to law" to identify religious and linguistic minority communities district-wise referring to the T. M. A Pai versus State of Karnataka case in 2002. 
• In another observation, the SC said that “every person in India can be a minority in one State or the other. 
• Minority status of religious and linguistic communities is “State-dependent”. 
• Every person in this country can be a minority. One can be a minority outside his/her State. Similarly, a Kannada speaking person may be in minority in States other than Karnataka.
• Hindu as minority in states with minority population: The Supreme Court dismissed to recognise Hindus as minorities in the States where they are low in population.
• The Court observed that the States have been carved language-wise. But religion is beyond all borders, especially political borders. It has to be taken on a pan-India basis.
• Every person in India can be a minority in one State or the other. Minority status of religious and linguistic communities is “State-dependent”, the Supreme Court said in 2022.

Article 30 (Right of minorities to establish and administer educational institutions)

• The protection under Article 30 is confined only to minorities (religious or linguistic) and does not extend to any section of citizens (as under Article 29).
• SC Judgement on regulating minority institutions: The state is well within its rights to introduce a regulatory regime in the “national interest” to provide minority educational institutions with well-qualified teachers in order for them to “achieve excellence in education.”

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

It confers the right to remedies for the enforcement of the fundamental rights of an aggrieved citizen. It means, the right to get the Fundamental Rights protected is in itself a fundamental right. This makes the fundamental rights real. 

• The Supreme Court has ruled that Article 32 is a basic feature of the Constitution.
• During Emergency: <s

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Understanding Fundamental Rights in the Indian Constitution: Significance and Implications

Table of Contents

Fundamental rights

(relevant for polity section of general   studies paper prelims/mains).

Fundamental Rights (FRs) refer to those rights guaranteed directly by the constitution itself, such as the Right to Equality, Right to Freedom, and Right against Exploitation, among others. These rights are crucial for ensuring the holistic development of individuals. In cases where these rights are violated, individuals have the option to seek recourse through the Supreme Court or the High Court to reinstate them.

The Indian Constitution addresses Fundamental Rights in Articles 12-35 , emphasizing their inviolable nature for the citizens of India. These human rights, including the Right to Life, Right to Dignity, and Right to Education, are categorized under the umbrella of six primary fundamental rights.

In ancient times, the focus primarily leaned towards the concept of justice rather than individual rights.

• The concept of rights entitlement can be traced back to the “ Magna Carta” of 1215.
• Human rights are conceptualized as abstract principles rooted in religious and moral philosophies.
• The act of codifying and enumerating these rights facilitates their evolution and leads to the development of laws concerning human rights.
• As far back as 1928, the Motilal Nehru committee advocated for a bill of rights.
• During the Indian National Movement , the idea of rights gained further refinement and expansion, eventually culminating in the inclusion of constitutional rights.
• Our Constitution mirrors this extensive historical tradition and formally enumerates fundamental rights. Since 1950, it has played a significant role in safeguarding these rights.

CONSTITUTIONAL PROVISIONS AND SIGNIFICANCE OF FR

• The framers of the Constitution drew inspiration from the Constitution of the USA, particularly its Bill of Rights.
• The Fundamental Rights are embedded in Part III, spanning from Article 12 to 35.
• Part III of the Constitution is aptly referred to as India’s “Magna Carta.”
• The Fundamental Rights outlined in our Constitution are more detailed and comprehensive than those present in any other country’s constitution, including the USA.
• These rights are provided by the Constitution to all individuals without discrimination.
• The Fundamental Rights uphold the principles of equality among all individuals, the dignity of each person, the greater public interest, and the unity of the nation.
• Their purpose is to advance the concept of political democracy.
• The Fundamental Rights act as a safeguard against the rise of an authoritarian and despotic regime within the nation.
• They serve to safeguard the liberties and freedoms of the citizens from encroachment by the State.
• They serve as checks against the potential abuse of power by the executive and arbitrary legislation by the legislature. Their goal is to establish a governance structure based on laws rather than the whims of individuals.
• The Constitution guarantees and safeguards the Fundamental Rights, serving as the fundamental law of the country.
• These rights are indispensable for the holistic development (including material, intellectual, moral, and spiritual dimensions) of individuals.
• Currently, there are six Fundamental Rights.
• Originally, the Constitution provided for seven Fundamental Rights. However, the 44th Amendment Act of 1978 removed the Right to Property from the list of Fundamental Rights, repositioning it as a legal right under Article 300-A in Part XII of the Constitution.

NATURE OF FUNDAMENTAL RIGHTS

• Judicial interpretations have broadened the scope of rights in various ways. The functioning of our country’s government and administration operates within this comprehensive framework.
• Rights impose restrictions on the operations of the government and ensure the practice of democratic governance in the nation.
• Many rights primarily function vertically, holding the state accountable, while certain rights have horizontal implications.
• The majority of these rights adopt a negative stance, while a few adopt a positive stance by granting specific privileges to individuals, such as Article 21A.
• Fundamental Rights are subject to judicial review and protection by the Supreme Court. Those aggrieved can directly approach the Supreme Court (Article 32) or High Court (Article 226) .
• These rights extend to all citizens and some also apply to non-citizens.
• While these rights are not absolute and inviolable, they are subject to limitations. Parliament can curtail or repeal them, but only through a constitutional amendment act that adheres to the basic structure of the Constitution.
• Reasonable restrictions can be imposed on these rights. This equilibrium allows Fundamental Rights to strike a balance between individual rights and societal interests, individual freedom, and social governance.
• All of these rights serve as safeguards against arbitrary state actions.
• During a National Emergency (Article 352) , most of these rights can be suspended, except for those guaranteed by Articles 20 and 21.
• The six rights guaranteed by Article 19 can be suspended solely in cases of war or external aggression (external emergency) and not during armed rebellion (internal emergency) (per the 44th Constitutional Amendment Act of 1978).
• The scope of Fundamental Rights’ operation is confined by Articles 31A, 31B, and 31C, which preserve laws that implement certain Directive Principles.
• The application of Fundamental Rights to members of armed forces, paramilitary forces, police forces, intelligence agencies, and analogous services can be limited or revoked by Parliament (Article 33).
• During periods of martial law in any area, the application of Fundamental Rights can be restricted (Article 34).
• Most Fundamental Rights can be directly enforced (self-executory), while a few can be enforced based on laws enacted to implement them. Such laws can only be formulated by the Parliament to ensure uniformity across the nation (Article 35), not by state legislatures.

PRIMACY – FR or DPSP?

• Champakam Dorairajan Case (1952) – The Court established the supremacy of all FUNDAMENTAL RIGHTS over other provisions. Fundamental Rights can be modified to uphold Directive Principles of State Policy (DPSP).
• Kerala Education Bill (1957) – The Supreme Court introduced the Doctrine of Harmonious Construction to prevent conflicts between enforcing DPSPs and Fundamental Rights.
• Golak Nath Case (1967) – The Court affirmed that Fundamental Rights cannot be diminished or diluted. They are inherently sacred and absolute.
• Kesavananda Bharathi Case (1973) – The Court affirmed that Parliament has the authority to amend any aspect of the constitution, provided it adheres to the Basic Structure of the Constitution. This marked the establishment of the Doctrine of Basic Structure of the Constitution.
• Minerva Mills Case (1980) – The Court clarified that a law enacted by Parliament under Article 31C would only be protected if it is formulated to implement directives outlined in Article 39(b) and 39(c), not any other Directive Principles of State Policy.

To master these intricacies and fare well in the Sociology Optional Syllabus , aspiring sociologists might benefit from guidance by the Best Sociology Optional Teacher and participation in the Best Sociology Optional Coaching . These avenues provide comprehensive assistance, ensuring a solid understanding of sociology’s diverse methodologies and techniques.

Fundamental Rights, Indian Constitution, constitutional provisions, individual liberties, democracy, equality, Directive Principles of State Policy, judicial review, Supreme Court, limitations, reasonable restrictions, societal interests, constitutional amendment, Doctrine of Basic Structure, Minerva Mills Case, Best Sociology Optional Coaching, Sociology Optional Syllabus.

Choose T he Best Sociology Optional Teacher for IAS Preparation?

At the beginning of the journey for Civil Services Examination preparation, many students face a pivotal decision – selecting their optional subject. Questions such as “ which optional subject is the best? ” and “ which optional subject is the most scoring? ” frequently come to mind. Choosing the right optional subject, like choosing the best sociology optional teacher , is a subjective yet vital step that requires a thoughtful decision based on facts. A misstep in this crucial decision can indeed prove disastrous.

Ever since the exam pattern was revamped in 2013, the UPSC has eliminated the need for a second optional subject. Now, candidates have to choose only one optional subject for the UPSC Mains , which has two papers of 250 marks each. One of the compelling choices for many has been the sociology optional. However, it’s strongly advised to decide on your optional subject for mains well ahead of time to get sufficient time to complete the syllabus. After all, most students score similarly in General Studies Papers; it’s the score in the optional subject & essay that contributes significantly to the final selection.

“ A sound strategy does not rely solely on the popular Opinion of toppers or famous YouTubers cum teachers. ”

It requires understanding one’s ability, interest, and the relevance of the subject, not just for the exam but also for life in general. Hence, when selecting the best sociology teacher, one must consider the usefulness of sociology optional coaching in General Studies, Essay, and Personality Test.

The choice of the optional subject should be based on objective criteria, such as the nature, scope, and size of the syllabus, uniformity and stability in the question pattern, relevance of the syllabic content in daily life in society, and the availability of study material and guidance. For example, choosing the best sociology optional coaching can ensure access to top-quality study materials and experienced teachers. Always remember, the approach of the UPSC optional subject differs from your academic studies of subjects. Therefore, before settling for sociology optional , you need to analyze the syllabus, previous years’ pattern, subject requirements (be it ideal, visionary, numerical, conceptual theoretical), and your comfort level with the subject.

This decision marks a critical point in your UPSC – CSE journey , potentially determining your success in a career in IAS/Civil Services. Therefore, it’s crucial to choose wisely, whether it’s the optional subject or the best sociology optional teacher . Always base your decision on accurate facts, and never let your emotional biases guide your choices. After all, the search for the best sociology optional coaching is about finding the perfect fit for your unique academic needs and aspirations.

To master these intricacies and fare well in the Sociology Optional Syllabus , aspiring sociologists might benefit from guidance by the Best Sociology Optional Teacher and participation in the Best Sociology Optional Coaching . These avenues provide comprehensive assistance, ensuring a solid understanding of sociology’s diverse methodologies and techniques. Sociology, Social theory, Best Sociology Optional Teacher, Best Sociology Optional Coaching, Sociology Optional Syllabus. Best Sociology Optional Teacher, Sociology Syllabus, Sociology Optional, Sociology Optional Coaching, Best Sociology Optional Coaching, Best Sociology Teacher, Sociology Course, Sociology Teacher, Sociology Foundation, Sociology Foundation Course, Sociology Optional UPSC, Sociology for IAS,

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• IAS Preparation
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• IAS Preparation Polity Fundamental Rights And Duties

Fundamental Rights and Duties -IAS Preparation

Upsc exam preparation: polity: fundamental rights and fundamental duties.

This lecture covers Part III and Part IV A of the Indian Constitution dealing with Fundamental Rights and Fundamental Duties. Fundamental Rights are the rights available to the people of this country while Fundamental Duties are the obligations on part of the citizens. Fundamental Duties were added to the Indian Constitution by the 42nd Constitution Amendment Act 1976 by the Indira Gandhi Government.

Here is a video lecture comprehensively covering the topic of Fundamental Rights and Fundamental Duties, a part of General Studies Paper 2 in UPSC Mains Exam. The topic is important from both Prelims as well as Mains Examination Perspective.

As IAS aspirants you should be well prepared with this topic as you can always expect UPSC prelims and mains questions on Fundamental Rights as well as Fundamental Duties.

About the Fundamental Rights

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. There are six fundamental rights as per the Indian Constituion:

• Right to Equality – Equal rights to all irrespective of religion, gender, caste, creed, etc.
• Right to Freedom – This includes Freedom of speech, expression, assembly without arms, association,  practise any profession and reside in any part of the country
• Right against Exploitation – Prohibition of human trafficking
• Right to Freedom of Religion – Equal right must be given to all citizens to follow and preach the religion they wish
• Cultural and Educational Rights – Every citizen has the right to get education and preserve their heritage and culture
• Right to Constitutional Remedies – The Constitution guarantees remedies if citizens’ fundamental rights are violated

Aspirants can get a detailed Understanding of Fundamental Rights for UPSC Preparation at the linked article. 

About the Fundamental Duties

The list of 11 Fundamental Duties under article 51-A to be obeyed by every Indian citizen is given in the table below:

• Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem
• Follow the noble ideals that inspired the national struggle for freedom
• Uphold and protect the sovereignty, unity and integrity of India
• Defend the country and render national service when called upon to do so
• Promote harmony and the spirit of common brotherhood amongst all the people of India
• Value and preserve the rich heritage of the country’s composite culture
• Protect and improve the natural environment and have compassion for all living creatures
• Develop scientific temper, humanism and the spirit of inquiry and reform
• Safeguard public property 
• Strive towards excellence in all spheres of individual and collective activity  for the growth of the Nation
• Provide opportunities for education to his child or ward between the age of six and fourteen years

For information about the Fundamental Duties , its constitutional importance and other relevant details, candidates can visit the linked article. 

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Fundamental Rights: An introdution

• Fundamental Rights
• Constitutional Rights other than Fundamental Rights
• Statutory Rights (Ordinary legal rights)
• For example - Right to Vote (Article 326), Right to Property (Article 300A), Right to trade, Article 265, etc.
• For example - Maternity benefit act, Subsidy, MGNREGA, etc.

• Article - 12 to 35
• Right to Equality  (Article 14 to 18)
• Right to Freedom  (Article 19 to 22)
• Right against Exploitation  (Article 23 and 24)
• Right to Religion  (Article 25 to 28)
• Cultural and Educational Rights  (Article 29 and 30)
• Right to Property (Article 31)  - Repealed by 44th Constitutional Amendment Act 1978
• Right to Constitutional Remedies  (Article 32)
• They are mentioned in the fundamental law book of the country, i.e., Constitution.
• These are fundamental because these rights are the most indispensable assets with an individual to achieve his complete physical, intellectual and spiritual stature (potential) and thus help in achieving all round growth expected from an individual.
• They are also fundamental because state can't take away these rights and any law which violates Fundamental Rights is liable to be declared null and void and thus these rights becomes most important to prevent the state/government to misuse the power to become arbitrary or authoritarian and thus these rights are fundamental for a civilised and a welfaric society.
• Fundamental Rights - Restricts the Government (not to do this)
• DPSPs - Guides the Government (to do this)
• While Ordinary legal rights are protected and enforced by the ordinary law of the land, Fundamental Rights are protected and guaranteed by the Constitution of the Country.
• Ordinary legal rights may be changed by legislature through ordinary process of law making but if Fundamental Rights are changed, the change required a difficult process of constitutional amendment involving special majority.
• In the case of violation of Fundamental Rights, the appellate can approach Supreme Court directly also whereas in case of violation of Ordinary legal right, the aggrieved person gets relief by approaching the subordinate court or High Court.
• ( Bhikeji Narain vs State of MP Case , 1955 )  
• ( Deepchand vs State of UP Case , 1959 )  
• ( Ambika Mills vs State of Gujarat Case , 1974 )  
• Added Article 15 (4) - State can make/take provisions for the improvement of socially backward classes.
• Added Article 19 (6)  - Restriction on vocation
• Added Schedule IX  - Land reforms
• ( Shankari Prasad vs Union of India Case , 1951 )
• Ordinary Legislative Power (which resulted into enactment of Law)
• Constitutional Legislative Power (Since, it's a Constitutional Amendment Act, it does not fall under the category of Law)
• ( Golaknath vs State of Punjab Case , 1967 )  
• 7th Constitutional Amendment Act, 1955
• 24th Constitutional Amendment Act, 1971
• 42nd Constitutional Amendment Act, 1976
• ( Kesavananda Bharti vs State of Kerala , 1973 )  

• Sovereignty
• Essential features of individual freedoms secured to the citizen
• Mandate to build a welfare state
• Supremacy of the Constitution
• Republican and Democratic form of the government
• Secular and Federal character
• Separation of powers
• Unity and integrity of nation
• Judicial review
• Harmony and balance between Fundamental rights and DPSPs
• Parliamentary system
• Rule of Law
• Principle of Equality
• Free and fair election
• Independence of judiciary
• Limited power of the Parliament to amend the Constitution
• Effective access to justice
• Principles (essence) underlying the Fundamental Rights
• Powers of Supreme Court under the following Articles
• Article 32 - Writ jurisdiction of the Supreme Court
• Article 136 - Special leave to appeal
• Article 141 - Laws of Supreme Court binding on all the courts
• Article 142 - Power of Supreme Court to do Complete justice
• Powers of High Court under the following Articles
• Article 226 - Writ jurisdiction of the High Court
• Article 227 - High Court superintendence over Sub-ordinate Courts

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Note  - This is my Vision IAS Notes (Vision IAS Class Notes) and Ashutosh Pandey Sir's Public Administration Class notes. I've also added some of the information on my own. 

Hope! It will help you to achieve your dream of getting selected in Civil Services Examination 👍

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Khanty-Mansi Autonomous Okrug

Khanty-Mansi Autonomous Okrug — Yugra [lower-alpha 1] , commonly shortened to Khantia-Mansia, is a federal subject of Russia (an autonomous okrug of Tyumen Oblast ). It has a population of 1,532,243 as of the 2010 Census . [4] Its administrative center is located at Khanty-Mansiysk .

Administrative divisions

Demographics, settlements, ethnic groups, vital statistics, external links.

The peoples native to the region are the Khanty and the Mansi , known collectively as Ob-Ugric peoples , but today the two groups only constitute 2.5% of the region's population. The local languages, Khanty and Mansi , are part of the Ugric branch of the Finno-Ugric language family, and enjoy a special status in the autonomous okrug. Russian remains the only official language.

In 2012, the majority (51%) [7] of the oil produced in Russia came from Khanty-Mansi Autonomous Okrug, giving the region great economic importance in Russia and the world. It borders Yamalo-Nenets Autonomous Okrug to the north, Komi Republic to the northwest, Sverdlovsk Oblast to the west, Tyumen Oblast to the south, Tomsk Oblast to the south and southeast and Krasnoyarsk Krai in the east.

The okrug was established on December   10, 1930, as Ostyak-Vogul National Okrug ( Остя́ко-Вогу́льский национа́льный о́круг ). In October 1940, it was renamed the Khanty-Mansi National Okrug . In 1977, along with other national okrugs of the Russian SFSR , it became an autonomous okrug (Khanty-Mansi Autonomous Okrug). In 2003, the word " Yugra " was appended to the official name. [8]

The okrug occupies the central part of the West Siberian Plain .

Principal rivers include the Ob and its tributaries Irtysh and Vatinsky Yogan . There are numerous lakes in the okrug, the largest ones are Numto , Tormemtor , Leushinsky Tuman and Tursuntsky Tuman , among others. [9]

The northeasterly line of equal latitude and longitude traverses the Khanty-Mansi Autonomous Okrug.

Population : 1,674,676 (2020); [10] 1,532,243   ( 2010 Russian census ) ; [4] 1,432,817   ( 2002 Census ) ; [11] 1,268,439   ( 1989 Soviet census ) . [12]

Khanty-Mansi Autonomous Okrug has an area of 523,100   km 2 , but the area is sparsely populated. The administrative center is Khanty-Mansiysk , but the largest cities are Surgut , Nizhnevartovsk , and Nefteyugansk .

The Indigenous population ( Khanty , Mansi , Komi , and Nenets ) is only 2.8% of the total population in the Khanty-Mansi Autonomous Okrug. The exploitation of natural gas in Khanty-Mansi Autonomous Okrug has attracted immigrants from all over the former Soviet Union. The 2021 Census counted 17 ethnic groups of more than five thousand persons each. The ethnic composition is as follows:

Population of Khanty-Mansi Autonomous Okrug: [13]

Historical population figures are shown below:

Source: [15]

According to a 2012 survey [16] 38.1% of the population of Yugra adheres to the Russian Orthodox Church , 5% are unaffiliated generic Christians , 1% of the population adheres to the Slavic native faith (Rodnovery) or to Khanty-Mansi native faith. Muslims (mostly Tatars ) constitute 11% of the population. In addition, 23% of the population declares to be spiritual but not religious , 11% is atheist , and 10.9% follows other religions or did not give an answer to the question. [16] According to recent reports Jehovah's Witnesses have been subjected to torture and detention in Surgut. [18]

In Khanty-Mansi Autonomous Okrug, the primary transport of goods is by water and railway transport; 29% is transported by road, and 2% by aviation. The total length of railway tracks is 1,106   km. The length of roads is more than 18,000   km.

• Hockey Club Ugra
• List of Chairmen of the Duma of the Khanty-Mansi Autonomous Okrug

Related Research Articles

Khanty-Mansiysk is a city in west-central Russia. Technically, it is situated on the eastern bank of the Irtysh River, 15 kilometers (9.3 mi) from its confluence with the Ob, in the oil-rich region of Western Siberia. Though it is an independent city, Khanty-Mansiysk also functions as the administrative centre of Khanty-Mansiysky District, and the administrative center of Khanty-Mansi Autonomous Okrug–Yugra.

Nyagan is a town in the northwest of Khanty–Mansi Autonomous Okrug, Russia, located near the Ob River and 230 kilometers (140 mi) northwest of Khanty-Mansiysk. It is named after the Nyagan-Yugan River, a tributary of the Ob River. Population: 63,034 (2021 Census) ; 54,890 (2010 Russian census) ; 52,610 (2002 Census) ; 54,061 (1989 Soviet census) .

Megion is a town in Khanty-Mansi Autonomous Okrug–Yugra, Russia, located at the altitude of 45 meters (148 ft) above sea level, on the right bank of the Ob River, 380 kilometers (240 mi) east of Khanty-Mansiysk and 760 kilometers (470 mi) northeast of Tyumen. The area of the town is 50.51 square kilometers (19.50 sq mi) and the nearest airport is in Nizhnevartovsk. Population: 49,449 (2010 Russian census) ; 46,566 ; 39,783 (1989 Soviet census) .

Yugorsk is a town in Khanty–Mansi Autonomous Okrug, Russia, located in the northwestern part of the East-West lowland, 420 kilometers (260 mi) from Khanty-Mansiysk. Population: 34,067 (2010 Russian census) ; 30,285 (2002 Census) ; 24,928 (1989 Soviet census) .

Sovetsky is a town and the administrative center of Sovetsky District in Khanty-Mansi Autonomous Okrug, Russia, located 470 kilometers (290 mi) west of Khanty-Mansiysk, the administrative center of the autonomous okrug. Population: 26,495 (2010 Russian census) ; 23,230 (2002 Census) ; 21,123 (1989 Soviet census) .

Lyantor is a town in Surgutsky District of Khanty–Mansi Autonomous Okrug, Russia, located on the Pim River, 625 kilometers (388 mi) northeast of Khanty-Mansiysk, the administrative center of the autonomous okrug. Population: 38,992 (2010 Russian census) ; 33,011 (2002 Census) ; 22,071 (1989 Soviet census) .

Pokachi is a town in Khanty–Mansi Autonomous Okrug, Russia, located on the right bank of the Vatyegan River, 350 kilometers (220 mi) east of Khanty-Mansiysk and 800 kilometers (500 mi) northeast of Tyumen. Population: 17,171 (2010 Russian census) ; 17,017 (2002 Census) ; 11,536 (1989 Soviet census) .

Kogalym is a town in Khanty-Mansi Autonomous Okrug, Russia, located on the Inguyagun River 325 kilometres (202 mi) northeast of Khanty-Mansiysk. Population: 58,181 (2010 Russian census) ; 55,367 (2002 Census) ; 44,297 (1989 Soviet census) .

Beloyarsky is a town and the administrative center of Beloyarsky District in Khanty-Mansi Autonomous Okrug, Russia, located on the Kazim River, northwest of Khanty-Mansiysk, the administrative center of the autonomous okrug. Population: 20,283 (2010 Russian census) ; 18,721 (2002 Census) ; 20,534 (1989 Soviet census) .

Raduzhny is a town in Khanty-Mansi Autonomous Okrug, Russia, located on the Agan River, 475 kilometers (295 mi) northeast of Khanty-Mansiysk and 975 kilometers (606 mi) northeast of Tyumen. Population: 43,399 (2010 Russian census) ; 47,060 ; 43,726.

Pyt-Yakh is a town in Khanty–Mansi Autonomous Okrug, Russia, located on the east bank of the Bolshoy Balyk River, southeast of Khanty-Mansiysk. Population: 41,488 (2010 Russian census) ; 41,813 (2002 Census) ; 17,101 (1989 Soviet census) .

Beloyarsky District is an administrative and municipal district (raion), one of the nine in Khanty-Mansi Autonomous Okrug of Tyumen Oblast, Russia. It is located in the north of the autonomous okrug. The area of the district is 41,574 square kilometers (16,052 sq mi). Its administrative center is the town of Beloyarsky. Population: 9,766 ; 9,493 (2002 Census) ; 8,927 (1989 Soviet census) .

Khanty-Mansiysky District is an administrative and municipal district (raion), one of the nine in Khanty-Mansi Autonomous Okrug, Russia. It is located in the center of the autonomous okrug. The area of the district is 46,400 square kilometers (17,900 sq mi). Its administrative center is the town of Khanty-Mansiysk. As of the 2010 Census, the total population of the district was 19,362.

Kondinsky District is an administrative and municipal district (raion), one of the nine in Khanty-Mansi Autonomous Okrug of Tyumen Oblast, Russia. It is located in the south of the autonomous okrug. The district is 55,170 square kilometers (21,300 sq mi). Its administrative center is the urban locality of Mezhdurechensky. Population: 34,494 ; 35,018 (2002 Census) ; 36,640 (1989 Soviet census) . The population of Mezhdurechensky accounts for 32.1% of the district's total population.

Nizhnevartovsky District is an administrative and municipal district (raion), one of the nine in Khanty-Mansi Autonomous Okrug, Russia. The area of the district is 118,500 square kilometers (45,800 sq mi). Its administrative center is the city of Nizhnevartovsk. Population: 35,745 ; 33,508 (2002 Census) ; 28,288 (1989 Soviet census) .

Oktyabrsky District is an administrative and municipal district (raion), one of the nine in Khanty-Mansi Autonomous Okrug of Tyumen Oblast, Russia. It is located in the western central part of the autonomous okrug. The area of the district is 24,500 square kilometers (9,500 sq mi). Its administrative center is the urban locality of Oktyabrskoye. As of the 2010 Census, the total population of the district was 32,224, with the population of Oktyabrskoye accounting for 11.3% of that number.

Sovetsky District is an administrative and municipal district (raion), one of the nine in Khanty-Mansi Autonomous Okrug of Tyumen Oblast, Russia. It is located in the southwest of the autonomous okrug. The area of the district is 29,768.74 square kilometers (11,493.77 sq mi). Its administrative center is the town of Sovetsky. Population: 48,059 ; 44,720 (2002 Census) ; 73,247 (1989 Soviet census) . The population of the administrative center accounts for 55.1% of the district's total population.

Surgutsky District is an administrative and municipal district (raion), one of the nine in Khanty-Mansi Autonomous Okrug, Russia. It is located in the center of the autonomous okrug. The area of the district is 105,190 square kilometers (40,610 sq mi). Its administrative center is the city of Surgut. Population: 113,515 ; 106,624 (2002 Census) ; 74,685 (1989 Soviet census) .

Uray a town in Khanty–Mansi Autonomous Okrug, located on the Konda River 350 kilometres (220 mi) from Khanty-Mansiysk. Population: 39,457 (2010 Russian census) ; 38,872 (2002 Census) ; 37,198 (1989 Soviet census) .

Agirish is an urban-type settlement in Sovetsky District of Khanty-Mansi Autonomous Okrug, Russia. Population: 2,856 (2010 Russian census) ; 2,831 (2002 Census) ; 3,592 (1989 Soviet census) .

• ↑ Russian and Mansi : Ханты-Мансийский автономный округ — Югра, Khanty-Mansiyskiy avtonomnyy okrug — Yugra; Khanty : Хӑнты-Мансийской Aвтономной Округ
• ↑ Президент Российской Федерации.   Указ   №849   от   13 мая 2000 г. «О полномочном представителе Президента Российской Федерации в федеральном округе». Вступил в силу   13 мая 2000 г. Опубликован: "Собрание законодательства РФ", No.   20, ст. 2112, 15 мая 2000 г. (President of the Russian Federation.   Decree   # 849   of   May 13, 2000 On the Plenipotentiary Representative of the President of the Russian Federation in a Federal District . Effective as of   May 13, 2000.).
• ↑ Госстандарт Российской Федерации.   №ОК 024-95   27 декабря 1995 г. «Общероссийский классификатор экономических регионов. 2.   Экономические районы», в ред. Изменения №5/2001 ОКЭР. ( Gosstandart of the Russian Federation.   # OK 024-95   December 27, 1995 Russian Classification of Economic Regions. 2.   Economic Regions , as amended by the Amendment   # 5/2001 OKER. ).
• 1 2 3 Russian Federal State Statistics Service (2011). Всероссийская перепись населения 2010 года. Том   1 [ 2010 All-Russian Population Census, vol.   1 ] . Всероссийская перепись населения 2010   года [2010 All-Russia Population Census] (in Russian). Federal State Statistics Service .
• ↑ "Об исчислении времени" . Официальный интернет-портал правовой информации (in Russian). June 3, 2011 . Retrieved January 19, 2019 .
• ↑ Official throughout the Russian Federation according to Article   68.1 of the Constitution of Russia .
• ↑ В Ханты-Мансийском автономном округе добыта 10-миллиардная тонна нефти
• ↑ "Decree of the President of the Russian Federation of July 25, 2003 No. 841" (in Russian). Official website of the President of Russia .
• ↑ Google Earth
• ↑ 2020 Russian Subjects Population
• ↑ Federal State Statistics Service (May 21, 2004). Численность населения России, субъектов Российской Федерации в составе федеральных округов, районов, городских поселений, сельских населённых пунктов   – районных центров и сельских населённых пунктов с населением 3   тысячи и более человек [ Population of Russia, Its Federal Districts, Federal Subjects, Districts, Urban Localities, Rural Localities—Administrative Centers, and Rural Localities with Population of Over 3,000 ] (XLS) . Всероссийская перепись населения 2002   года [All-Russia Population Census of 2002] (in Russian).
• ↑ Всесоюзная перепись населения 1989   г. Численность наличного населения союзных и автономных республик, автономных областей и округов, краёв, областей, районов, городских поселений и сёл-райцентров [ All Union Population Census of 1989: Present Population of Union and Autonomous Republics, Autonomous Oblasts and Okrugs, Krais, Oblasts, Districts, Urban Settlements, and Villages Serving as District Administrative Centers ] . Всесоюзная перепись населения 1989   года [All-Union Population Census of 1989] (in Russian). Институт демографии Национального исследовательского университета: Высшая школа экономики [Institute of Demography at the National Research University: Higher School of Economics]. 1989 – via Demoscope Weekly .
• ↑ "Russian Census of 2021" . (in Russian)
• ↑ Перепись-2010: русских становится больше Archived December 25, 2018, at the Wayback Machine . Perepis-2010.ru (2011-12-19). Retrieved on 2013-08-20.
• ↑ Russian Federal State Statistics Service
• 1 2 3 "Arena: Atlas of Religions and Nationalities in Russia" . Sreda, 2012.
• ↑ 2012 Arena Atlas Religion Maps . "Ogonek", № 34 (5243), 27/08/2012. Retrieved 21/04/2017. Archived .
• ↑ "7 Jehovah's Witnesses Brutally Tortured in Russia, Spokesman Says" . February 20, 2019.
• Official website of Khanty-Mansiysk Autonomous Okrug – Yugra Archived June 6, 2017, at the Wayback Machine
• Official site of Khanty-Mansi Duma (in Russian)
• Informational website of Khanty-Mansiysk Autonomous Okrug – Yugra (in Russian)

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Welcome to the land of sheer silent whiteness. Its vast expanses are filled with fresh Arctic air, howling winds, and the spirit of true adventure. Come with us to the lands of the ancient Khanty and Mansi tribes that survived in this harsh climate of the Nether-Polar Urals . See the mountains that defy any logical or geological reason for their existence. Experience the wonders of this sparsely populated land where you can hardly see a human trace. Welcome to Yugra!

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Water resources, landmarks and tourism, major mountains, mount narodnaya, mount zaschita, mount neroyka, the pyramid mountain, samarovskaya mountain, ski and sports facilities, protected sites, reserves, national and natural parks, rivers and lakes, major cities, khanty-mansiysk.

The Khanty-Mansiysk Autonomous Area – Yugra (KhMAO) is located in the central part of the West Siberian Plain, stretching from west to east from the Ural Range to the Ob-Yenisei Watershed. The vast areas of this plain, as well as the Lower Priob region, are considered one of the most recently inhabited areas.

The Khanty-Mansiysk Autonomous Area (KhMAO) was established in 1930. Its name comes from two main northern indigenous peoples – the Khanty and the Mansi. From 1944 it was legally part of the Tyumen Region , but in 1993 the Area received autonomy and became a full-fledged territorial entity of the Russian Federation. It is a part of the Urals Federal District. The administrative centre is the city of Khanty-Mansiysk , whereas the largest city is Surgut. The word Yugra was introduced to the name of the Khanty-Mansiysk Autonomous Area in 2003 to pay tribute to the old name used by the locals to call the territories lying beyond the North Urals.

The KhMAO borders the Komi Republic in the north-west, the Yamalo-Nenets Autonomous District in the north, the Krasnoyarsk Area and the Tomsk Region in the east and south-east, the Tyumen Region in the south and the Sverdlovsk Region in the south-west.

The area of the territory is 534,801 sq.km, the length from north to south is 800 km, from west to east is 1400 km. The population of this huge territory is 1,674,676 people as of 2020, which is the same amount as people living in Barcelona or Munich.

The main part of the territory is a huge, poorly dissected plain where absolute elevation marks rarely exceed 200 meters above sea level. The western part of the KhMAO territory is characterized by low and middle mountainous terrains with some Alpine relief featured in the Subpolar Urals. Here are ridges and spurs of the mountain system of the North Urals and the Subpolar Urals. The maximum absolute elevations are on the border with the Komi Republic . Mount Narodnaya (1,895m) is the highest peak.

More than 800 species of higher plants grow in the Khanty-Mansi Autonomous Area . Almost the entire territory is covered by taiga forests that occupy about 52% of the area. Spruce, fir, pine, cedar, larch, birch, alder grow here. In the northern parts of the area, the composition of the vegetation is greatly influenced by perennial permafrost. Light lichen grasslands which are used as deer pastures are widespread there. Tundra dominates in the mountainous and hilly areas. River floodplains and lowlands are characterized by meadow vegetation, the so-called water meadows. High floodplains of large rivers are mainly covered with woods that mainly feature willows, birches and aspens. Forests and swamps are rich in berries and various valuable plants, most of which are used in traditional indigenous medicine.

The animal world is typical for the Russian taiga zone. There are 369 species of vertebrates. Mammals are represented by 60 species (28 of them are commercial species). The most common and valuable of them are wild reindeer, elk, fox, sable, fox, squirrel, marten, ermine, Siberian weasel, polecat, mink, weasel, otter, hare and others. Wolverine and West Siberian river beaver are included in the Red Book of Russia.

There are 256 bird species in the region, including 206 sedentary and nesting species. Some rare bird species are listed in the Red Book. There are 42 species of fish in rivers and lakes. Of these, 19 species are commercial, among them are starlet sturgeon, lelema, muksun (whitefish), pelyad, chir, lake herring, wader, tugun, freshwater cod, pike, ide, roach, bream, fir, perch, ruff, golden and silver crucian carp, carp (carp is grown in the cooling ponds of the Surgutskaya and Nizhnevartovskaya hydroelectric plants). Sturgeon is listed in the Red Book. There is an abundance of mosquitoes and gnats in the area, the greatest activity of which is in the second half of summer.

Yugra can boast of over 2 thousand large and small rivers, the total length of which is 172,000 km. The main rivers are the Ob (3,650 km), the Irtysh (3,580 km). These are some of the largest rivers in Russia. Other significant rivers include the tributaries of the Ob (the Vakh, Agan, Tromyogan, Bolshoy Yugan, Lyamin, Pim, Bolshoy Salym, Nazym, Severnaya Sosva, Kazym rivers), the tributary of the Irtysh (the Konda River) and the Sogom River. Ten rivers are over 500 km long. All the Yugra rivers with the exception of the rivers in the Ural part of the region are characterized by rather slow currents, gentle slopes, some surge wave phenomena, spring and summer floods. The Ob River basin extends over a distance of 700-200 km from the mouths of its tributaries. Such abundance of water facilitates the appearance of floodplain swamps and seasonal lakes.

The region's swamps are predominantly of the upper and transitional type. Those water basins occupy about a third of the region. About 290,000 lakes with the area of more than 1 ha are surrounded by swamps and forests. The largest lakes are Tursuntsky Tuman, Levushinsky Tuman, Vandemtor and Trmemtor. The deepest lakes are Kintus (48 m) and Syrky Sor (42 m). However, most of the lakes (about 90%) are modest and quite small and have no surface runoff.

The area is rich in resources of fresh, mineral and thermal underground waters, which are still insignificantly used.

The climate is moderately continental. Winters are harsh, snowy and long, and summers are short and relatively warm. The territory is protected from the west by the Ural Mountains but its openness from the north has a significant impact on the climate formation because cold air masses from the Arctic freely penetrate the area. The flat character of the terrain with a large number of rivers, lakes and swamps also has its impact. Most of the precipitation falls during the warm seasons. But even with a small amount of precipitation, their evaporation is very low, which as a result contributes to the formation of the zone of excessive moisture throughout the Yugra. The snow cover is stable from late October to early May, its height varies from 50 to 80 cm. The region is characterized by a rapid change of weather conditions, especially in transitional seasons (autumn and spring), as well as during the day. Late spring and early autumn frosts are rather frequent and can happen even until mid-June. Average January temperatures range from -18ºC to -24ºC (0 F to -11 F) and can reach -60ºC to -62ºC (-76 F to -80 F) when the northern cold air masses break through. The average temperature in July, the warmest month of the year, ranges from +15ºC to +20ºC (+59 F to +68 F) and on very rare days can reach a maximum temperature of +36ºC (+97 F). The prevailing wind direction is north in summer and south in winter.

The weather in the mountains is quite changeable and cool even in summer. The best time to visit the region's mountains is between July and mid-August.

The Yugra of the Khanty-Mansi Autonomous Area has a huge natural resource potential. These are oil and gas deposits, forests, gold and iron ore deposits, as well as bauxites, copper, zinc, lead, niobium, tantalum, brown and hard coal deposits, rock crystal, quartz and piezo quartz, peat deposits, etc. The region has plenty of natural resources. In terms of natural gas reserves, the Yugra ranks second in the Russian Federation after the Yamalo-Nenets Autonomous District .

The industry is dominated by oil and gas production, power generation and processing industries, including woodworking except for pulp and paper production.

The Khanty-Mansi area has very developed tourism of all kinds. There is a modern infrastructure for cultural exploration as well as for active recreation.

Fans of sports and eco-friendly tourism will be able to conquer majestic mountains and raft down picturesque rivers, enjoy the beauty of nature in nature reserves and natural parks. The hills and mountains of this area open up endless opportunities for skiing and snowboarding.

The mountainous part of the Subpolar Urals located on the territory of the Khanty-Mansi Autonomous Area is very beautiful. The highest peaks of the Ural Mountains are situated here.

Being the highest point of the whole Urals, Mount Narodnaya (1,895 m), also known as Naroda and Poenurr and translated as People's Mountain is territorially situated in the Subpolar Urals, on the border of the Yugra Area and the Komi Republic . It is the highest point in European Russia outside the Caucasus. This leads to its large topographic prominence of 1,772 metres (5,814 ft).

The top of the mountain is half a kilometre from the border towards Yugra. As for the name of the mountain, scientists could not come to a common opinion for a long time, so there are two versions. According to one version, in the Soviet years, an expedition of pioneers gave the mountain a name in honour of the Soviet people - Narodnaya (the stress is on the second syllable). According to the other version, even before the arrival of the first Soviet tourists, the peak was named after the River Naroda (the stress is on the first syllable) flowing at the foot of the mountain. The Nenets peoples called the River Naroda Naro, which means a thicket or a dense forest, and the Mansi peoples called it Poengurr or Poen-urr, which translates as the top, or head. The maps used to refer to it as Mount Naroda or Mount Naroda-Iz. Nowadays, it appears everywhere as Narodnaya.

In the 1980s, someone set a bust of Lenin on the top of the mountain. Its remains can be found there to this day. There is one more symbolic relic there – some Orthodox believers erected a worship cross on top of Mount Narodnaya after a Procession of the Cross.

The slopes of the mountain are steeper in the north-east and south-west and there are many steep rocks on them. The south-eastern and northern parts of the mountain are more gentle but they are also covered with scree. Be vigilant and careful when climbing! On the slopes of the mountain, there are many not only boulders but also caverns filled with clear water as well as ice. There are glaciers and snowfields. From the north-eastern part of the mountain, you can observe Lake Blue near which tourists and travellers like to make bivouacs.

Mesmerizing with its beauty and inaccessibility, it attracts many tourists and fans of active recreation. This majestic mountain is quite remote from the settlements, so getting to it is not an easy task. The mountain is located in the Yugyd Va National Park , so it is necessary to register in advance and get a visit permit from the park administration. How to get to the park administration and get a permit, read the article on the Yugyd Va National Park .

Mountain Zaschita (1,808 m) is the second-highest peak in the Ural Mountains, after Mount Narodnaya . Mysteriously, the name of the mountain, which roughly translates as Defense or Protection Mount, does not correlate in any way with the Mansi names of the nearby mountains and rivers. The origin of the name is unknown. There are some speculations but we will consider just one of them. On the map of the Northern Urals which was made by the Hungarian researcher Reguli the closest peak to Mount Narodnaya was called gnetying olu. Its location coincides with that of the present-day Mount Zaschita . The name gnetying olu in the Mansi can be deciphered as a mountain on which there is some help from ice. The mountain is believed to protect deer grazing on glaciers from mosquitoes. So, early topographers called the mountain more briefly – Mount Defense. Indeed, the slopes of this mountain are covered with a lot of snow and glaciers (the Yugra, Naroda, Kosyu, Hobyu glaciers and others). And it is here that the Mansi shepherds bring their deer which can rest on glaciers and snow. Summarizing all the above, we can say that Zaschita Mount is to some extent protection for deer from mosquitoes. The very name Zaschita appeared on maps with the beginning of hiking tours in the Subpolar Urals.

Mount Neroyka (1,645 m) is 100 km from Neroyka village, the closest tourist base to this peak. In the 1950s, people who were engaged in quartz mining near the mountain worked and lived in this base. Later, a gravel road was built from the village of Saranpaul to the mountain for large-scale development of the quartz deposit. In recent years, the road has not been much used and is practically not cleaned from snow in winter. There has been a plant built 20 km down from the mountain for primary processing of quartz with the use of nanotechnologies. There is an annual big camping event near the mountain. It is organized by the Tourism Department of the Khanty-Mansi Autonomous Area. You can have a 1-hour helicopter ride to the mountain from the village of Saranpaul. Should you wish to fly from the city of Khanty-Mansiysk , be prepared to fly over the taiga for 2.5-3 hours.

Quite inquisitive tourists happened to discover, by a lucky chance, a Pyramid similar to that of Cheops but four times bigger. It is located on the territory of the Narodo-Ityinsky Ridge. The closest to the pyramid is the village of Saranpaul. The sizes of the found pyramid are as follows: the height is 774 m, in comparison to the Egyptian pyramid which is 147 m; the length of a lateral edge is 230 m whereas the Egyptian pyramid is 1 km. The pyramid is located precisely according to the cardinal directions, there is not a single degree deviation at that. The origin of the pyramid is unknown, scientists are still making assumptions. No traces of human activity were found near the pyramid. The only way to get here at this time is by helicopter.

Samarovskaya Mountain is another wonder that is baffling many people. It is dividing the city of Khanty-Mansiysk into northern and southern parts. Few now living residents know that in the old days the highest part of the modern city used to bear a plural name of the Samarovsky Mountains among which there were Mount Palenina, Komissarskaya, Miroslavskaya, Filinova, and Romanova. Originally, there was a village called Samarovo amidst these mountains. Until now, many issues bewilder both residents and scientists. How could a mountain form in the middle of the West Siberian Plain? What is inside it? Won't the weight of the buildings erected on the top of the mountain affect its height? The uniqueness of Samarovskaya Mountain is that it consists of numerous large stones, boulders, rocks that are absolutely foreign to this area. Scientists have not yet come to a consensus on the mountain’s origin.

The Yugra is very famous for its ski resorts, the main of which are:

• The Cedar Ravine ski resort (Surgut city, Naberezhny Ave. 39/1)
• Three Mountains (Trekhgorie) ski resort (30 km from Nizhnevartovsk, Ermakovsky settlement)
• Stone Cape (Kamenniy Mys) ski resort (near the city of Surgut)
• Pine Urman ski resort ( Khanty-Mansiysk , Sportivnaya Str., 24)

The far-away lands of the Yugra are the blessed sanctuaries for many animals as the area is rather hostile to a human There are reserves, natural parks, wildlife sanctuaries here that aim to protect the national treasures of the lands. Having visited these regions once, you would crave for coming back again and again to feel that unique sense of unity with nature, to forget about the urban fuss and and hustles whatsoever. The harsh but beautiful nature of this extraordinary area leaves an indelible trace in the soul of every person.

On the territory of the district there are 25 specially protected natural areas, the most famous of them are:

• The reserves are two: the Malaya Sosva Reserve and the Yugan Reserve, the latter was established in 1982 as the largest reserve of taiga landscapes. The purpose of the reserves was to study unobtrusively and carefully preserve the endemic flora and fauna without disturbing natural processes. Hunting and economic activities are prohibited here, which is important for the preservation of natural ecosystems.
• The natural parks are the Samarovsky Chugas Nature Park, the Siberian Sloping Hills (Uvaly), the Numto (also called Lake Numto), and the Kondinskie Lakes.

These reserves and natural parks offer tourists their own excursion programs to make visiting their territory much more enjoyable and educational.

The Samarovsky Chugas Nature Park is located in the center of Khanty-Mansiysk , on a small hill between the Ob and Irtysh rivers.

The territory of the Siberian Sloping Hills (Uvaly) natural park is 350 km away from the city of Khanty-Mansiysk . You can get there by helicopter or by plane. The office of the park is located at 7a Pionerskaya Street, Nizhnevartovsk.

The Kondinskie Lakes Natural Park is located 380 km from Khanty-Mansiysk . Half of the park is covered with swamps, but there is also a recreational area. There you can rest, swim, do some amateur fishing, picking berries (cowberries, cranberries) and mushrooms is permitted. There is only one independent walking route here, it runs for 3 km in the deep forest. It is a cool place for kids since the park is equipped with sports grounds, a pool and a small zoo where the kids can interact with brown bear cubs. What else, try the TaiPark, it is a rope course running at the height of 2.5 meters, having 15 stages, the full length is 125 meters. There is an opportunity to order water walking tours in the town of Sovetsky, which can be reached by train from Khanty-Mansiysk .

The Numto Nature Park is located almost in the center of the West Siberian Plain, in the Beloyarsk district of the Khanty-Mansi Autonomous Area, 300 km from the city of Surgut and 200 km from the town of Beloyarsk. It is located on the border of Yugra and Yamalo-Nenets Autonomous Area. The administration of the park is located at 2, Beloyarsky micro-district, 4a. The territory of the natural park is a treasure trove of archaeological and ethnocultural monuments. As of today, there have been discovered 20 architectural monuments, including fortified and not fortified settlements, places of worship abandoned by the peoples who lived here from the Stone Age to almost the present day. Researchers have also found 65 monuments of ethnic value, the main of which are worship objects, sacred places and cemeteries.

The Malaya Sosva Reserve includes several subordinated territories and sanctuaries, including Lake Ranghe-Tour. The reserve offers a 4-km walking guided route that gets the visitors introduced to the typical features and characteristics of flora and fauna of the region. The route is called Bear Trail and you can spot bears there (don’t come close though, we’ve already written how to behave if you meet a bear in the wild). Also, you will see the River Malaya Sosva, some marshes, ancient cultural monuments and other nice sights. Permission to visit the reserve can be obtained from the administration of the reserve at Lenina Str. 46, town Sovetskiy.

As to the Yugan Nature Reserve , it is inaccessible to common hikers who are afraid of flying since there are no roads to it. The only way to get there is taking a helicopter ride. You also must obtain a permit in the administration of the reserve, go accompanied by employees of the reserve, and only on special transport of the reserve (motorboat, snowmobile). The central manor of the Reserve and the administration are located in the village of Ugut. To get to this village, you should first go to the town of Surgut, then go to the town of Pyt-Yakh, and from it there is a road to the village of Ugut. It is about 100 km from Ugut to the southern border of the reserve i, and another 25 km to the nearest cordon. The administration works from Monday to Friday. You can request a permit via mail at [email protected] , order a guided tour at [email protected]

The Yugra lands are heaven for water sports aficionados. They can have some awesome fishing or go rafting along such rivers as: the river Naroda, the Deep Sabun, etc.

The Naroda River is 140 km long. It is the left tributary of the Manya River located in the Ob River basin. The river has its origin on the south-western slope of Mount Narodnaya . It is a mountain-taiga river with rapids, swifts, numerous rolls, which attracts interest among water tourists. However, it is usually not rafted very often.

The Deep Sabun River flows through the territory of the Siberian Sloping Hills Nature Park. The park has developed multi-day water routes. It is possible to raft along the river in summer and to go skiing along it in winter.

The Kondinskie Lakes are a system of lakes along the left bank of the Konda River. The largest lake is the Arantur, with pine forests on the northern side and sandy beaches well equipped for a nice relaxing me-time. The water heats up well in summer. The small river Okunevaya and the river Maly Akh flow into the lake. The Maly Akh comes in on the west side and connects lake Arantur with Lake Pon-Tour. This lake is the richest in fish, and there is also a parking lot for fishermen here. The streams connect Pon-Tour with small lakes Krugloe and Lopukhovoye. When you look at Lopukhovoe lake, you feel as if you have found yourself in a fabulous place: more than half of its surface is covered with white lilies, as well as yellow flowers of the water-beans. Then the river Big Akh, which flows into the river Konda, connects all the lakes into a single system. Along the river there are many archeological monuments such as forts and settlements which have paths to them. The southernmost lake of the park is Ranghe-Tour.

Yugra is not the easiest destination and not the most accessible, but the effort is well worth it. You should first get to the capital of Khanty-Mansiysk Autonomous Area – the city of Khanty-Mansiysk either by air or by train.

Khanty-Mansiysk is based on the premises of the former village Samarovo founded in 1582. It used to be the territory of the Khanty people and a pit stop for coachmen who rode their wagons across the country. The village was founded by Russian Count Samara, thus the name Samarovo. The modern city actually began to develop in 1930 because amidst the Siberian taiga there finally started to appear stone houses on the high bank of the Irtysh River. In 1940, the village was renamed into Khanty-Mansiysk by the name of the peoples living on this territory – the Khanty and the Mansi, and in 1950 it received the status of a town.

The city has several attractions. Mount Samarovskaya is probably the biggest natural and scientific wonder. It divides the city in two parts and causes many concerns for urban developers who always wonder whether this mountain can move making the buildings slide or even sink in.

Another beauty is the century-old cedar grove that is within the city limits. The grove is a part of the natural park Samarovsky Chugas. The word chugas in the language of the Khanty means a lonely hill in the low river floodplain.

The park is one of the main attractions of the city, it hosts an open-air ethnographic museum called the Torum Maa, a cultural and tourist complex called Archaeopark, a biathlon center. Kids and adults, nature lovers and fans of culture love this place dearly.

A memorial sign to Yugra's discoverers is installed on top of the Samarovsky Chugas. It is a tall stele pyramid divided into three portions. On the lower level, there is a restaurant, on the second level is a small museum, and on the third level there is an observation deck, 40 m above the ground, with a magnificent view of the Irtysh River and the river port. The pyramid is decorated by the bas-relief depicting the discoverers of the region, from the 16th-century Count Samara to the geologists of the 20th century.

Another trademark of Khanty-Mansiysk is the State Museum of Nature and Man. The museum hosts a gallery and a workshop of a famous artist G. Rayshev.

The city has a lot of small monuments generously spread around the city. There is the Khanty family resting on a camp, this monument is near the airport building. You can take a pic at the Golden Tambourine located at the intersection of Gagarin Street and Mira Street. Connoisseurs of culture should also visit the Sun – the Theatre of Ob-Ugrian Peoples, it is the world's first professional theatre of Khanty and Mansi peoples. And if you are travelling with kids, the Khanty-Mansiysk Puppet Theatre is a must-visit. In the period from May to October, you can take a boat ride to the confluence of two rivers – the Ob and the Irtysh. Yugra Service Co. operates such cruises, you can find more information locally at their address Tobolsk Trakt street 4, Khanty-Mansiysk .

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Home » Indian Polity » Indian Constitution » Significant Provisions » Fundamental Rights » Characteristic features of fundamental rights

• Some FRs are available only to citizens: Article 15, 16, 19, 29 and 30
• Fundamental Rights are not absolute but qualified. Reasonable restrictions can be imposed on FRs. The reasonability of such restrictions is decided by the SC.
• These rights strike a balance between the rights of the individual and those of the society as a whole, between individual liberty and social control
• Most rights are available against the actions of the state but some are available against the actions of the private individuals too
• Some FRs is negative in character while others are positive. Negative FRs entail limitations on the government, while positive FRs imposes an obligation on government to take measures.
• FRs are justiciable in nature
• FRs are defended and guaranteed by the constitution. Hence, an aggrieved party can approach the SC for any violation directly rather than by the way of appeal
• Parliament can amend the provisions of the FRs by the way of a constitutional amendment act so long as they do not violate the basic structure of the Indian constitution
• FRs can be suspended during the operation of a National Emergency except the rights guaranteed by Article 20 and 21. Additionally, FRs under Article 19 can be suspended only during the operation of emergency declared on the grounds of war or external aggression
• The scope of FRs is limited by Article 31A, 31B and 31C
• Parliament can restrict or abrogate the application of FR in the case of armed forces, para-military forces, police forces, intelligence agencies and analogous services
• FR can be restricted while martial law is in force
• Only Parliament can make a law for the enforcement of the FR

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