संSamvidhan
Fundamental Rights — Part III
Articles 12 to 35 of the Constitution of India: the rights the State cannot take away, and the ones the courts enforce most.
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| Article | Right | In plain language |
|---|---|---|
| 12 | Definitions | Article 12 explains that whenever the word 'State' is used in the Fundamental Rights part of the Constitution, it covers not just the government but also Parliament, state legislatures, and other public authorities. |
| 13 | Laws inconsistent with or in derogation of the fundamental rights | Article 13 says any law that violates the Fundamental Rights in Part III of the Constitution is invalid, whether it existed before the Constitution or is made after it. |
| 14 | Equality before law | The government must treat every person fairly and equally under the law, and cannot give unfair advantages or unfair burdens to anyone. |
| 15 | Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth | Article 15 stops the government from treating people unfairly because of their religion, race, caste, sex, or birthplace, while still allowing special help for groups who have historically been left behind. |
| 16 | Equality of opportunity in matters of public employment | Article 16 says every citizen gets a fair, equal chance at government jobs, but also lets the government reserve some seats for groups that have historically been left out. |
| 17 | Abolition of Untouchability | This Article completely bans the practice of untouchability and makes forcing any related unfair treatment on someone a punishable crime. |
| 18 | Abolition of titles | Article 18 stops the government from giving out royal-style titles and restricts citizens and officials from accepting titles or favors from foreign countries. |
| 19 | Protection of certain rights regarding freedom of speech, etc | Article 19 gives Indian citizens six key freedoms—like speech, assembly, and movement—but allows the government to place reasonable limits on them for things like public order and security. |
| 20 | Protection in respect of conviction for offences | Article 20 protects people accused of crimes from unfair laws, from being tried twice for the same offence, and from being forced to confess. |
| 21 | Protection of life and personal liberty | This Article says the government cannot take away your life or personal freedom unless it follows a fair legal process. |
| 21A | Right to education | This Article makes free and compulsory education a fundamental right for every child aged six to fourteen in India. |
| 22 | Protection against arrest and detention in certain cases | Article 22 gives people who are arrested certain basic protections, like being told why and being taken to a magistrate quickly, but allows a separate, weaker set of protections for 'preventive detention' where someone is held without trial to stop them from doing something in the future. |
| 23 | Prohibition of traffic in human beings and forced labour | This Article bans human trafficking and forced unpaid labour, while still allowing the government to require public service like the draft or community work, as long as it doesn't discriminate. |
| 24 | Prohibition of employment of children in factories, etc | Children younger than 14 cannot legally be made to work in factories, mines, or other dangerous jobs. |
| 25 | Freedom of conscience and free profession, practice and propagation of religion | Article 25 gives every person in India the freedom to believe, practice, and share their religion, but the State can still regulate secular activities linked to religion and push social reforms like opening Hindu temples to all Hindus. |
| 26 | Freedom to manage religious affairs | Article 26 lets religious groups run their own religious institutions and property, as long as they respect public order, morality, and health. |
| 27 | Freedom as to payment of taxes for promotion of any particular religion | The government cannot force you to pay a tax whose money is specifically set aside to support or maintain one particular religion. |
| 28 | Freedom as to attendance at religious instruction or religious worship in certain educational institutions | Article 28 controls whether and how religious teaching can happen in schools and colleges, depending on who runs and funds them. |
| 29 | Protection of interests of minorities | Article 29 protects the right of any group of citizens to preserve their own language, script, or culture, and bans state-run or state-funded schools from refusing admission to anyone just because of their religion, race, caste, or language. |
| 30 | Right of minorities to establish and administer educational institutions | Article 30 gives religious and linguistic minorities the right to set up and run their own schools and colleges, and protects them from unfair treatment by the State. |
| 31 | Compulsory acquisition of property | Article 31, which once made the right to property a fundamental right, was deleted from the Constitution in 1978, so it no longer has any legal force. |
| 31A | Saving of laws providing for acquisition of estates, etc | Article 31A protects land reform laws (like abolishing the zamindari system) from being struck down just because they limit property or equality rights. |
| 31B | Validation of certain Acts and Regulations | Article 31B says that laws listed in the Ninth Schedule of the Constitution cannot be struck down for violating Fundamental Rights, though courts can still review those added after 1973 if they break the Constitution's 'basic structure.' |
| 31C | Saving of laws giving effect to certain directive principles | Article 31C protects laws that genuinely implement certain Directive Principles (mainly Article 39(b) and (c)) from being struck down for violating the right to equality (Article 14) or freedoms (Article 19), though courts still check that the law truly serves that purpose. |
| 31D | Saving of laws in respect of anti-national activities | Article 31D no longer exists — it was added in 1976 to let laws limit rights in the name of stopping 'anti-national activities,' but Parliament removed it in 1978. |
| 32 | Remedies for enforcement of rights conferred by this Part | Article 32 lets any person go straight to the Supreme Court if their Fundamental Rights are violated, and gives the Court power to issue special orders to fix it. |
| 32A | Constitutional validity of State laws not to be considered in proceedings under article 32 | Article 32A once stopped the Supreme Court from deciding if a State law was constitutional when someone filed a case under Article 32, but this rule was completely removed in 1978. |
| 33 | Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc | Article 33 lets Parliament pass laws that limit or take away certain Fundamental Rights for soldiers, police, intelligence staff, and related communication workers, so discipline and duty aren't disrupted. |
| 34 | Restriction on rights conferred by this Part while martial law is in force in any area | This Article lets Parliament pass a law to protect officials from punishment, or approve past punishments, for things done to restore order in an area that was under martial law. |
| 35 | Legislation to give effect to the provisions of this Part | Article 35 says that only Parliament, not state legislatures, can make laws on certain specific fundamental-rights matters and on punishments for fundamental-rights offences, and old laws on these topics continue until Parliament changes them. |