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8. No Consistent Philosophy
According to some critics, the chapter on fundamental rights is not the product of any philosophical principle. Sir Ivor Jennings expressed this view when he said that the Fundamental Rights proclaimed by the Indian Constitution are based on no consistent phi-losophy.25 The critics say that this creates difficulty for the Supreme Court and the high courts in interpreting the fundamental rights.
In spite of the above criticism and shortcomings, the Fundamental Rights are significant in the following respects:
1. They constitute the bedrock of democratic system in the country.
2. They provide necessary conditions for the material and moral protection of man.
3. They serve as a formidable bulwark of individual liberty.
4. They facilitate the establishment of rule of law in the country.
5. They protect the interests of minorities and weaker sections of society.
6. They strengthen the secular fabric of the Indian State.
7. They check the absoluteness of the authority of the government.
8. They lay down the foundation stone of social equality and social justice.
9. They ensure the dignity and respect of individuals.
10. They facilitate the participation of people in the political and administrative process.
Besides the Fundamental Rights included in Part III, there are certain other rights contained in other parts of the Constitution. These rights are known as constitutional rights or legal rights or non-fundamental rights. They are:
1. No tax shall be levied or collected except by authority of law (Article 265 in Part XII).
2. No person shall be deprived of his property save by authority of law (Article 300-A in Part XII).
3. Trade, commerce and intercourse throughout the territory of India shall be free (Article 301 in Part XIII).
Even though the above rights are also equally justiciable, they are different from the Fundamental Rights. In case of violation of a Fundamental Right, the aggrieved person can directly move the Supreme Court for its enforcement under Article 32, which is in itself a fundamental right. But, in case of violation of the above rights, the aggrieved person cannot avail this constitutional remedy. He can move the High Court by an ordinary suit or under Article 226 (writ jurisdiction of high court).
Table 7.4 Articles Related to Fundamental Rights at a Glance
Article No. Subject Matter |
General |
12. Definition of State |
13. Laws inconsistent with or in derogation of the Fundamental Rights |
Right to Equality |
14. Equality before law |
15. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth |
16. Equality of opportunity in matters of public employment |
17. Abolition of untouchability |
18. Abolition of titles |
Right to Freedom
19. Protection of certain rights regarding freedom of speech, etc.
20. Protection in respect of conviction for offences
21. Protection of life and personal liberty 21A. Right to education
22. Protection against arrest and detention in certain cases
Right against Exploitation
23. Prohibition of traffic in human beings and forced labour
24. Prohibition of employment of children in factories, etc.
Right to Freedom of Religion
25. Freedom of conscience and free profession, practice and propagation of religion
26. Freedom to manage religious affairs
27. Freedom as to payment of taxes for promotion of any particular religion
28. Freedom as to attendance at religious instruction or religious worship in certain educational institutions.
Cultural and Educational Rights
29. Protection of interests of minorities
30. Right of minorities to establish and administer educational institutions
Right to Property (Repealed)
31. Compulsory acquisition of property-(Repealed)
Saving of Certain Laws
31A. Saving of laws providing for acquisition of estates, etc.
31B. Validation of certain Acts and Regulations 31C. Saving of laws giving effect to certain directive
principles |
31D. Saving of laws in respect of anti-national activities- (Repealed) |
Right to Constitutional Remedies |
32. Remedies for enforcement of rights conferred by this part |
32A. Constitutional validity of State laws not to be considered in proceedings under Article 32- (Repealed) |
33. Power of Parliament to modify the rights conferred by this part in their application to forces, etc. |
34. Restriction on rights conferred by this part while martial law is in force in any area |
35. Legislation to give effect to the provisions of this part |
1. 'Magna Carta’ is the Charter of Rights issued by King John of England in 1215 under pressure from the barons. This is the first written document relating to the Fundamental Rights of citizens.
2. Kesavananda Bharati vs. State of Kerala, (1973).
3. Dicey observe: "No man is above the law, but every man, whatever be his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. Every official from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen”. (A.V. Dicey, Introduction to the Study of the Law of the Constitution, Macmillan, 1931 Edition P. 183-191).
4. This second provision was added by the first Amendment Act of 1951.
5. By virtue of Article 371D inserted by the 32nd Amendment Act of 1973.
5a. Article 371D has been extended to the state of Telangana by the Andhra Pradesh Reorganisation Act, 2014.
6. The first Backward Classes Commission was appointed in 1953 under the chairmanship of Kaka Kalelkar. It submitted its report in 1955.
7. In 1963, the Supreme Court ruled that more than 50% reservation of jobs in a single year would be unconstitutional.
8. Indra Sawhney v. Union of India, (1992).
9. The Tamil Nadu Backward Classes, Scheduled Castes and Scheduled Tribes (Reservation of seats in educational institutions and of appointments or posts in the services under the state) Act, 1994.
10. Balaji Raghavan v. Union of India, (1996).
10a. The provision for "co-operative societies” was made by the 97th Constitutional Amendment Act of 2011.
10b. Ibid.
11. A K Gopalan v. State of Madras, (1950).
12. Menaka Gandhi v. Union of India, (1978).
12a. The Constitution (Eighty-sixth amendment) Act, 2002 and the Right of Children to Free and Compulsory Education Act, 2009 have come into force w.e.f. 1 April 2010.
13. Originally known as the Suppression of Immoral Traffic in Women and Girls Act, 1956.
14. In this clause, the reference to Hindus shall be construed as including a reference to persons professing the Sikh, Jaina and Buddhist religion and the reference to Hindu religious institutions shall be construed accordingly (Article 25).
14a. Secretary of the Malankara Syrian Catholic College vs. T. Jose (2007).
15. The second provision was added by the 15th Constitutional Amendment Act of 1963.
16. Added by the 1st Constitutional Amendment Act of 1951 and amended by the 4th, 17th and 44th Amendments.
17. The expression 'estate’ includes any jagir, inam, muafi or other similar grant, any janmam right in Tamil Nadu and Kerala and any land held for agricultural purposes.
18. Article 31B along with the Ninth Schedule was added by the 1st Constitutional Amendment Act of 1951.
18a. I.R. Coelho vs. State of Tamil Nadu (2007).
19. Kesavananda Bharati v. State of Kerala, (1973).
20. Though the last entry is numbered 284, the actual total number is 282. This is because, the three entries (87, 92 and 130) have been deleted and one entry is numbered as 257A.
21. Article 39 (b) says-The State shall direct its policy towards securing that the ownership and control of the material resources of the community are so distributed as best to subserve the common good.
22. Article 39 (c) says-The state shall direct its policy towards securing that the operation of the economic system does not result in the concentration of wealth and means of production to the common detriment.
23. Kesavananda Bharati v. State of Kerala, (1973).
24. Minerva Mills v. Union of India, (19B0).
25. Sir Ivor Jennings wrote: 'A thread of nineteenth century liberalism runs through it; there are consequences of the political problems of Britain in it; there are relics of the bitter experience in opposition to British rule; and there is evidence of a desire to reform some of the social institutions which time and circumstances have developed in India. The result is a series of complex formulae, in twenty-four articles, some of them lengthy, which must become the basis of a vast and complicated case law’.