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Fundamental Rights Fundamental Rights Article 14 Article 15(1)

 Limits State & Society.  Directly enforceable, if Equality before law & Prohibition of
 Rule of Law & Liberalism. not enforced based on Equality protection of laws discrimination only on
 Not absolute but law made by Parliament Race, Religion, Caste, Sex
qualified. Reasonable (and NOT State Applicable to citizens+ and Place of Birth.
restriction exists. Legislature) foreign person+ legal
 Justiciable: Court  FRs are basic structure of person  statutory Applicable to citizens only
provides justice on the constitution corporations, companies
violation. etc. Applicable against state
 Armed & Paramilitary only.
forces, Intelligence Applicable against state
agencies etc. exempted.

Article 15(2) Article 16 Article 17 Article 18


No restriction, disability on Equality of opportunity in Abolition of untouchability Abolition of titles such as
grounds of RRCSP w.r.t public employment. No Rai Bahadur, Zamindar,
(1) Access to shops, hotels, discrimination on grounds Applicable to any person Taluqdar etc. prevalent in
public places etc. of RRCSP + Descent + British India.
(2) Use of well, tanks, roads Residence Applicable against Private
etc. Individual + State Military and Academic
Which are wholly or partly Applicable to citizens only Distinction are allowed
maintained by state fund or
dedicated for public use. Applicable against state Applicable to Citizens +
Applicable to citizens only only Foreign Persons
Applicable against Private
Individuals + State Applicable against State
Article 19 Article 20 Article 21 Article 21A
Right to Freedom: Protection in respect of Protection of life and Right to elementary
1) Speech & Expression conviction of offences. personal liberty education
2) Assembly Protection against Post
3) Associations Facto Law Applicable to Citizens + Applicable Citizens +
4) Movement Applicable to citizens + Foreign Person Foreign Person
5) Residence foreigner+ legal person
6) Profession Applicable against state Applicable against state
Amendment 44 XPropertyX Applicable against State
Applicable to Citizen only Applicable even in National Applicable even in National
(including shareholder of Emergency Emergency
company to)
Applicable against state
Article 22(1) Article 22(2) Article 23 Article 24
Protection against arrest Protection against arrest Prohibition of human traffic Prohibition of employment
and detention- Ordinary and detention- Preventive in human beings and forced of children in factories
law detention law labour

Citizen only (not enemy Applicable to Citizen + Applicable to Citizens + Applicable to Citizens +
alien) (only applicable to Foreign Person Foreign Foreign Person
criminal, quasi criminal)
Applicable against state Applicable against Private Applicable against Private
Applicable against state Individuals + State Individuals + State
Article 25 Article 26 Article 27 Article 28
Freedom of conscience and Freedom to manage Freedom from taxation for Freedom from attending
free profession, practice religious affairs promotion of religion the religious instructions
and propagation of religion.
Applicable to Citizen + Applicable to Citizen + Applicable to Citizen 6
Applicable to Citizen + Foreign Foreign Foreign
Foreign
Applicable against state

Article 29 Article 30 Article 19: Freedom of Article 19: Freedom of


Protection of language, Right of minorities to speech & expression assembly
script and culture of establish and administer Restrictions: Restrictions:
minorities. No denial of educational institutions  Sovereignty & integrity  Sovereignty and
admission into any of India; Security of state integrity of India
educational institute only Applicable to minority  Friendly relations with  Public Order
on the basis of Race, citizens only foreign state
Religion, Caste, Sex, Place  Public order Article 19: Freedom of
of Birth.  Decency or Morality Associations
 Contempt of Court  Same above two +
Applicable to Citizens only  Defamation  Morality
 Incitement of Offence
Article 12 Article 13 Article 13 Article 14
Definition of State Definition of law:  Deals with power of  Equality before
 Union E&L  Permanent Law-by judicial review. law(British idea)
Parliament  Declare all laws that are  Absence of special
 State E&L
 Temporary Law- inconsistent with any of privileges
 Local Governments
Ordinances by President FRs as void  Equal subjection of all
 Other Authority or governor,  13(4)-Constitutional persons to ordinary law
 Judiciary under state  Instruments of delegated amendment XlawX  No person is above law
only for administrative legislation (bye laws,  KBC case- Constitutional  Exceptions to equality-
purposes. orders, rules, amendments can be President, governors,
 Any agency working notifications) challenged on the foreign diplomats (UN),
instrument of state  Customs having force of grounds of violating FRs Visiting head of states
law
Article 14 Article 14 (Exceptions) Article 14 (Exceptions) Article 39(c)
 Equal Protection of Law  President of India and  Article-31C: dictates any Operation of the economic
 Equality of treatment the Governor of States law using Article 39(b) & system does not result in
under equal Not answerable to court 39(c) > Article 14 concentration of wealth
circumstances Exercise and performance and means of production to
 Similar application of the of the powers and duties the common detriment.
same laws to all persons No criminal proceedings, Article 39(b): that the
who are similarly arrests ownership and control of Called as Doctrine of
situated No civil proceedings before the material resources of harmonious reconstruction.
 Like should be treated 2 months’ notice period the company are so
alike without any  Parliamentary/SL distributed as to best  Foreign rulers, diplomats,
discrimination (on basis of) privilege: anything said subserve the common good UN and its agencies
Reasonable classifications or any vote given Diplomatic Immunity
Article 15(1) Article 15(2) Article 15(3) Article 15(5)
Prohibition of No restriction, disability on Nothing in the article prevents
Added by 93rd AA, 2005.
discrimination only on grounds of RRCSP w.r.t the state from making spl Deals with reservation for
provisions for women and
Race, Religion, Caste, Sex (3) Access to shops, hotels, Children
socially & educationally
and Place of Birth. public places etc. Article 15(4) backward classes (OBC, SC,
(4) Use of well, tanks, roads Added by 1st Amendment STs) in educational
Applicable to citizens only etc. Act after Champakam institutions (government,
Which are wholly or partly Dorairajan Case. States can private aided or unaided)
Applicable against state maintained by state fund or make special provisions for
only. dedicated for public use. advancement of any
Discrimination on other Applicable to citizens only socially & educationally
grounds is not prohibited Applicable against Private (not economically)
Individuals + State backward classes of society
Article 16 Article 16 exceptions Article 17 Article 17
Equality of opportunity in Parliament can prescribe ‘residence’ Abolition of Untouchability Non-Compoundable
as condition for certain employment
public employment & or public appointment. Punishable Offence offence (private party +
appointment to public GOI Untouchability society both are affected
offices for all citizens. State can provide reservation to any Protection Act, 1955  and no compromise
backward class that is not
Prohibits discrimination on adequately represented in state Civil Rights Protection Act allowed)
7 grounds – RRCSP + services (Renamed) Untouchability definition not in
constitution
Descent + Residence.
Law can provide that incumbent of Mysore HC Social
an office related to religious Cognizable Offence- Police
Article 355: Claims of reservation of Disability imposed on
institution should belong to public has authority to arrest
members of SC/ ST community shall religion certain people due to their
be taken into consideration, without any warrant
birth in certain caste
consistently with maintenance of
efficiency in administration
Article 18 Article 19 Relationship b/w Article 19 Article 20
Abolition of titles 6 rights under reasonable & 21
restrictions
State shall not grant any title A.K. Gopalan Case: SC held
No citizen will accept any title th
7 Right to property that all FR’s are
from foreign country deleted by 44th independent of each other
No foreigner cannot accept any
title without consent of India.
Amendment Act
No citizen or foreigner can Menka Gandhi Case: SC
accept gifts without consent of Reasonability of the held that Article 19 & 21
President restrictions is determined are integrated.
by judiciary
Exceptions- Academic & Article 14+19+21 form a
Military Designations Golden Triangle.
Article 22(1) Article 22(2) Article 23 Article 24
Protection against arrest Protection against arrest Prohibition of human traffic Prohibition of employment
and detention- Ordinary and detention- Preventive in human beings and forced of children in factories
law detention law labour

Citizen only (not enemy Applicable to Citizen + Applicable to Citizens + Applicable to Citizens +
alien) (only applicable to Foreign Person Foreign Foreign Person
criminal, quasi criminal)
Applicable against state Applicable against Private Applicable against Private
Applicable against state Individuals + State Individuals + State
Article 25 Article 26 Article 27 Article 28
Freedom of conscience and Freedom to manage Freedom from taxation for Freedom from attending
free profession, practice religious affairs promotion of religion the religious instructions
and propagation of religion.
Applicable to Citizen + Applicable to Citizen + Applicable to Citizen 6
Applicable to Citizen + Foreign Foreign Foreign
Foreign
Applicable against state

Article 29 Article 30 Article 19: Freedom of Article 19: Freedom of


Protection of language, Right of minorities to speech & expression assembly
script and culture of establish and administer Restrictions: Restrictions:
minorities. No denial of educational institutions  Sovereignty & integrity  Sovereignty and
admission into any of India; Security of state integrity of India
educational institute only Applicable to minority  Friendly relations with  Public Order
on the basis of Race, citizens only foreign state
Religion, Caste, Sex, Place  Public order Article 19: Freedom of
of Birth.  Decency or Morality Associations
 Contempt of Court  Same above two +
Applicable to Citizens only  Defamation  Morality
 Incitement of Offence

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