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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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ArticleRightIn plain language
12DefinitionsArticle 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.
13Laws inconsistent with or in derogation of the fundamental rightsArticle 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.
14Equality before lawThe government must treat every person fairly and equally under the law, and cannot give unfair advantages or unfair burdens to anyone.
15Prohibition of discrimination on grounds of religion, race, caste, sex or place of birthArticle 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.
16Equality of opportunity in matters of public employmentArticle 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.
17Abolition of UntouchabilityThis Article completely bans the practice of untouchability and makes forcing any related unfair treatment on someone a punishable crime.
18Abolition of titlesArticle 18 stops the government from giving out royal-style titles and restricts citizens and officials from accepting titles or favors from foreign countries.
19Protection of certain rights regarding freedom of speech, etcArticle 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.
20Protection in respect of conviction for offencesArticle 20 protects people accused of crimes from unfair laws, from being tried twice for the same offence, and from being forced to confess.
21Protection of life and personal libertyThis Article says the government cannot take away your life or personal freedom unless it follows a fair legal process.
21ARight to educationThis Article makes free and compulsory education a fundamental right for every child aged six to fourteen in India.
22Protection against arrest and detention in certain casesArticle 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.
23Prohibition of traffic in human beings and forced labourThis 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.
24Prohibition of employment of children in factories, etcChildren younger than 14 cannot legally be made to work in factories, mines, or other dangerous jobs.
25Freedom of conscience and free profession, practice and propagation of religionArticle 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.
26Freedom to manage religious affairsArticle 26 lets religious groups run their own religious institutions and property, as long as they respect public order, morality, and health.
27Freedom as to payment of taxes for promotion of any particular religionThe government cannot force you to pay a tax whose money is specifically set aside to support or maintain one particular religion.
28Freedom as to attendance at religious instruction or religious worship in certain educational institutionsArticle 28 controls whether and how religious teaching can happen in schools and colleges, depending on who runs and funds them.
29Protection of interests of minoritiesArticle 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.
30Right of minorities to establish and administer educational institutionsArticle 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.
31Compulsory acquisition of propertyArticle 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.
31ASaving of laws providing for acquisition of estates, etcArticle 31A protects land reform laws (like abolishing the zamindari system) from being struck down just because they limit property or equality rights.
31BValidation of certain Acts and RegulationsArticle 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.'
31CSaving of laws giving effect to certain directive principlesArticle 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.
31DSaving of laws in respect of anti-national activitiesArticle 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.
32Remedies for enforcement of rights conferred by this PartArticle 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.
32AConstitutional validity of State laws not to be considered in proceedings under article 32Article 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.
33Power of Parliament to modify the rights conferred by this Part in their application to Forces, etcArticle 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.
34Restriction on rights conferred by this Part while martial law is in force in any areaThis 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.
35Legislation to give effect to the provisions of this PartArticle 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.

Generated from the Samvidhan database — legal text verified against the official Legislative Department PDFs. Education, not legal advice; verify critical use against the Gazette.

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