The Magna Carta of India: Complete Guide to Fundamental Rights (Articles 12–35)

🏛️ General Provisions

Article 12: Definition of State
In this Part, unless the context requires otherwise, "the State" implies the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities within India or under the control of the Government of India.

Article 13: Laws Inconsistent with Fundamental Rights

• (1) Any law in force before the Constitution began, if inconsistent with this Part, is void to the extent of that inconsistency.
• (2) The State is prohibited from making any law that takes away or abridges these rights; any such law is void.
• (3) "Law" covers ordinances, orders, bye-laws, rules, regulations, notifications, and customs having the force of law.
• (4) Nothing in this article applies to Constitutional amendments made under Article 368.
  (Added by the 24th Amendment Act, 1971).

⚖️ Right to Equality (Articles 14–18)

Article 14: Equality before Law
The State ensures that every person has equality before the law or the equal protection of the laws within Indian territory.

Article 15: Prohibition of Discrimination

• (1) The State cannot discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth.
• (2) No citizen can be restricted from accessing shops, restaurants, hotels, or using wells, tanks, and roads maintained by State funds.
• (3) Special provisions are permitted for women and children.
• (4) Special provisions are permitted for the advancement of socially and educationally backward classes, SCs, and STs.
  (Added by the 1st Amendment Act, 1951).
• (5) Special provisions are permitted for admission to educational institutions (aided or unaided, excluding minority institutions) for backward classes, SCs, and STs.
  (Added by the 93rd Amendment Act, 2005).

Article 16: Public Employment

• (1) There shall be equality of opportunity for all citizens in State employment.
• (2) No discrimination is allowed based on religion, race, caste, sex, descent, place of birth, or residence.
• (3) Parliament may prescribe residence requirements for certain jobs within a State/UT.
• (4) The State can reserve appointments for any backward class not adequately represented.
• (4A) The State can provide reservation in promotion (with consequential seniority) for SCs and STs.
  (Added by the 77th Amendment, 1995; "Consequential Seniority" added by the 85th Amendment, 2001).
• (4B) Unfilled reserved vacancies can be carried forward to subsequent years and are not counted in the 50% ceiling for that year.
  (Added by the 81st Amendment Act, 2000).
• (5) Offices in religious institutions can be restricted to persons professing that specific religion.

Article 17: Abolition of Untouchability
"Untouchability" is abolished. Practicing it in any form is forbidden, and enforcing any disability arising from it is a punishable offence.

Article 18: Abolition of Titles

• (1) No title (except military or academic) shall be conferred by the State.
• (2) Citizens are prohibited from accepting titles from foreign States.
• (3) Non-citizens holding office of profit under the State require the President's consent to accept foreign titles.
• (4) Persons holding office of profit cannot accept presents or office from a foreign State without the President's consent.

🕊️ Right to Freedom (Articles 19–22)

Article 19: Protection of Certain Rights
(1) All citizens have the right:

1. To freedom of speech and expression.
2. To assemble peaceably and without arms.
3. To form associations or unions.
4. To move freely throughout India.
5. To reside and settle in any part of India.
6. (Clause (f) regarding the Right to Property was omitted by the 44th Amendment Act, 1978).
7. To practise any profession, or carry on any occupation, trade, or business.

Restrictions: The State can impose reasonable restrictions in the interests of sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency, morality, contempt of court, defamation, or incitement to an offence.
(Restrictions expanded by the 1st Amendment, 1951 and 16th Amendment, 1963).

Article 20: Protection in Respect of Conviction

• (1) No conviction except for violation of a law in force at the time of the act (No ex-post-facto law).
• (2) No person shall be prosecuted and punished for the same offence more than once (No Double Jeopardy).
• (3) No person accused of an offence shall be compelled to be a witness against himself (No 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.

Article 21A: Right to Education
The State must provide free and compulsory education to all children aged six to fourteen years.
(Inserted by the 86th Amendment Act, 2002).

Article 22: Protection Against Arrest and Detention

• (1) Right to be informed of grounds of arrest and consult a legal practitioner.
• (2) Right to be produced before the nearest magistrate within 24 hours (excluding travel time).
• (3) Exceptions: Enemy aliens and persons under preventive detention.
• (4) Preventive detention cannot exceed 3 months unless an Advisory Board reports sufficient cause.
  (Changes proposed by the 44th Amendment regarding the period are technically part of the Act but have not been fully notified).
• (5) The authority must communicate grounds of detention and afford the earliest opportunity for representation.
• (6) Facts against public interest need not be disclosed.
• (7) Parliament can prescribe maximum detention periods and procedures.

🚫 Right Against Exploitation (Articles 23–24)

Article 23: Prohibition of Traffic in Humans

• (1) Traffic in human beings, begar, and forced labour are prohibited and punishable.
• (2) Exception: The State can impose compulsory service for public purposes (without discrimination based on religion, race, caste, or class).

Article 24: Prohibition of Child Labour
No child below the age of fourteen years shall be employed in any factory, mine, or hazardous employment.

🛐 Right to Freedom of Religion (Articles 25–28)

Article 25: Freedom of Conscience

• (1) All persons are entitled to freedom of conscience and the right to freely profess, practise, and propagate religion (subject to public order, morality, health).
• (2) The State can regulate economic/political/secular activities associated with religion and provide for social welfare/reform (e.g., opening Hindu institutions to all classes).
• Note: Carrying kirpans is deemed part of the Sikh religion.

Article 26: Manage Religious Affairs
Subject to public order, morality, and health, every religious denomination has the right to:

1. Establish and maintain institutions for religious/charitable purposes.
2. Manage its own affairs in matters of religion.
3. Own and acquire movable and immovable property.
4. Administer such property in accordance with law.

Article 27: Freedom from Taxes
No person shall be compelled to pay taxes specifically appropriated for the promotion or maintenance of any particular religion.

Article 28: Religious Instruction

• (1) Prohibited in educational institutions wholly maintained out of State funds.
• (2) Allowed if the institution is established under a trust requiring it.
• (3) In State-recognized/aided institutions, no person is required to take part in religious instruction without consent.

📚 Cultural and Educational Rights (Articles 29–30)

Article 29: Protection of Interests of Minorities

• (1) Any section of citizens with a distinct language, script, or culture has the right to conserve it.
• (2) No denial of admission into State-maintained/aided educational institutions on grounds only of religion, race, caste, or language.

Article 30: Minority Educational Institutions

• (1) All minorities (religious or linguistic) have the right to establish and administer educational institutions of their choice.
• (1A) The State must ensure that compensation for acquiring property of a minority institution does not abrogate this right.
  (Inserted by the 44th Amendment Act, 1978).
• (2) The State shall not discriminate in granting aid against any institution on the ground that it is under minority management.

📜 Saving of Certain Laws (Articles 31A–31C)

(Article 31: Right to Property was repealed by the 44th Amendment Act, 1978).

Article 31A: Acquisition of Estates
Laws providing for acquisition of estates, taking over management, or modification of mining rights shall not be void on the ground that they violate Article 14 or 19.
(Inserted by the 1st Amendment, 1951; Amended by 4th (1955) and 17th (1964) Amendments).

Article 31B: Validation of Acts
Acts and Regulations specified in the Ninth Schedule shall not be deemed void on the ground of inconsistency with any Fundamental Right.
(Inserted by the 1st Amendment Act, 1951).

Article 31C: Directive Principles
Laws giving effect to the policy of the State towards securing principles in Part IV shall not be void for inconsistency with Article 14 or 19.
(Inserted by the 25th Amendment Act, 1971).

🛡️ Right to Constitutional Remedies (Article 32)

Article 32: Remedies for Enforcement

• (1) The right to move the Supreme Court for enforcement of rights is guaranteed.
• (2) The Supreme Court has power to issue directions, orders, or writs (habeas corpus, mandamus, prohibition, quo warranto, certiorari).
• (3) Parliament can empower other courts to exercise these powers.
• (4) This right shall not be suspended except as provided by the Constitution.

⚠️ Special Applications (Articles 33–35)

Article 33: Armed Forces
Parliament may, by law, restrict or abrogate rights for members of the Armed Forces, Public Order Forces, and Intelligence Bureaus to ensure discipline.
(Substituted by the 50th Amendment Act, 1984).

Article 34: Martial Law
Parliament may indemnify any person for acts done to maintain order in any area where martial law was in force.

Article 35: Legislation
Parliament (and not State Legislatures) has the power to make laws regarding residence requirements, writs, and punishment for offences under this Part.