Part 3 of Indian Constitution

Part 3 of Indian Constitution have 24 articles included in it. It contains all the fundamental rights that are provided in Indian constitution for its citizens. In this part we will read about all the six fundamental rights that exist at present in Indian Law system.

Part 3 of Indian constitution fundamental rights

Articles in part 3 of Indian Constitution

Article 12 Definition of state

Article 13 Laws inconsistent with or in derogation of the fundamental rights.

Article 14 Equality before law

Article 15 provision of discrimination on Grounds of religion, race, caste, sex, or place of birth.

Article 16 Equality of opportunity in matters of public employment.

Article 17 Abolition of untouchability

Article 18 Abolition of titles

Article 19 Protection of certain rights regarding freedom of speech etc.

Article 20 Protection in respect of conviction of offences.

Article 21 Protection of life and personal liberty

Article 21A Right to education

Article 22 Protection against arrest and detention in certain cases.

Article 23 Prohibition of traffic in human beings and forced labour

Article 24 Prohibition of employment of children in factories.

Article 25 Freedom of conscience and free profession practice and propagation of religion.

Article 26 Freedom to manage religious affairs.

Article 27 Freedom as to payment of taxes for promotion of any particular religion.

Article 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions.

Article 29 Protection of interests of minorities

Article 30 Right of minorities to establish and administer educational institutions

Article 31 Compulsory acquisition of property.( repealed)

Article 32 Remedies for enforcement of rights conferred by this part.

Article 32A Constitutional validity of state laws not to be considered in proceedings under article 32.( repealed)

Article 33 power of Parliament to modify the rights conferred by this part in their application to forces.

Article 34 restrictions on rights conferred by this path while martial law is in force in any area.

Article 35 Legislation to give effect to the provisions of this part.

Fundamental rights of Indian Constitution

There is six fundamental right at present in the Indian Constitution. Those are as follows,

  1. Right to Equality [Article 14 to 18]
  2. Right to freedom [Article 19 to 22]
  3. Right against exploitation [Article 23 to 24]
  4. Right to freedom of religion [Article 25 to 28]
  5. Cultural and educational rights [Article 29 to 30]
  6. Right to constitutional remedies [Article 32]

Fundamental rights are given to promote democracy and human rights. Most of the fundamental rights may be abrogated during the emergency.

Part 3 of Indian Constitution

As we told about part 3 of Indian constitution contains article 12 to article 35.

Article 12 of Indian Constitution

In this Part, unless the context otherwise requires,
“the State” includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.

Article 13 of Indian Constitution

Article 13 of the Indian Constitution describes the means for judicial review. It enjoins a duty on the Indian State to respect and implement the fundamental right. And at the same time, it confers a power on the courts to declare a law or an act void if it infringes the fundamental rights.

  • All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
  • The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
  • In this article, unless the context otherwise requires,
  1. “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
  2. “laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.

Article 14 of Indian Constitution

Article 14 of the Constitution of India provides,equality before the law or equal protection of the laws within the territory of India. It states: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

Article 15 of Indian Constitution

Fundamental Rights are meant for promoting the idea of democracy. Features and Provisions of article 15 are; Article 15 states that the state shall not discriminate against any citizen on grounds only of race, religion, caste, sex, and place of birth.

  • The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
  • No citizen shall, on grounds only of religion, race, caste, sex, place of birth or any of them, be subject to any disability, liability, restriction or condition with regard to—
  1. Access to shops, public restaurants, hotels and places of public entertainment.
  2. The use of wells, tanks, bathing ghats, roads and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.
  • Nothing in this article shall prevent the State from making any special provision for women and children.
  • Nothing in this article or in clause (2) of article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
  • Nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the State from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in so far as such special provisions relate to their admission to educational institutions including private educational institutions, whether aided or unaided by the State, other than the minority educational institutions referred to in clause (1) of article 30.

Article 16 of Indian Constitution

  1. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
  2. No citizen shall, on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them, be ineligible for, or discriminated against in respect of, any employment or office under the State.
  3. Nothing in this article shall prevent Parliament from making any law prescribing, in regard to a class or classes of employment or appointment to an office. 1[under the Government of, or any local or other authority within, a State or Union territory, any requirement as to residence within that State or Union territory] prior to such employment or appointment.]
  4. Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens which, in the opinion of the State, is not adequately represented in the services under the State. [(4A) Nothing in this article shall prevent the State from making any provision for reservation 3[in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favour of the Scheduled Castes and the Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services under the State.] [(4B) Nothing in this article shall prevent the State from considering any unfilled vacancies of a year which are reserved for being filled up in that year in accordance with any provision for reservation made under clause (4) or clause (4A) as a separate class of vacancies to be filled up in any succeeding year or years and such class of vacancies shall not be considered together with the vacancies of the year in which they are being filled up for determining the ceiling of fifty per cent. reservation on total number of vacancies of that year.]

Article 17 of Indian Constitution

“Untouchability” is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of “Untouchability” shall be a offence punishable in accordance with law.

Article 18 of Indian Constitution

  1. No title, not being a military or academic distinction, shall be conferred by the State.
  2. No citizen of India shall accept any title from any foreign State.
  3. No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.
  4. No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

Article 19 of Indian Constitution

  1. All citizens shall have the right—(a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions 1[or co-operative societies]; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; 2[and] (g) to practise any profession, or to carry on any occupation, trade or business.

Article 20 of Indian Constitution

  1. No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
  2. No person shall be prosecuted and punished for the same offence more than once.
  3. No person accused of any offence shall be compelled to be a witness against himself.

Article 21 of Indian Constitution

No person shall be deprived of his life or personal
liberty except according to procedure established by law.

Article 21A of Indian Constitution

The State shall provide free and compulsory
education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.

Article 22 of Indian Constitution

  1. No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
  2. Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate.
  3. Nothing in clauses (1) and (2) shall apply— (a) to any person who for the time being is an enemy alien; or (b) to any person who is arrested or detained under any law providing for preventive detention.
  4. No law providing for preventive detention shall authorise the detention of a person for a longer period than three months unless— (a) an Advisory Board consisting of persons who are, or have been, or are qualified to be appointedas, Judges of a High Court has reported before the expiration of the said period of three months that there is in its opinion sufficient cause for such detention: Provided that nothing in this sub-clause shall authorise the detention of any person beyond the maximum period prescribed by any law made by Parliament under sub-clause (b) of clause (7); or (b) such person is detained in accordance with the provisions of any law made by Parliament under sub- clauses (a) and (b) of clause (7).
  5. When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, as soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order.
  6. Nothing in clause (5) shall require the authority making any such order as is referred to in that clause to disclose facts which such authority considers to be against the public interest to disclose.
  7. Parliament may by law prescribe— *(a) the circumstances under which, and the class or classes of cases in which, a person may be detained for a period longer than three months under any law providing for preventive detention without obtaining the opinion of an Advisory Board in accordance with the provisions of sub-clause (a) of clause (4); **(b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention; and (c) the procedure to be followed by an Advisory Board in an inquiry under ***[sub-clause (a) of clause (4)].

Article 23 of Indian Constitution

  1. Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.
  2. Nothing in this article shall prevent the State from imposing compulsory service for public purposes, and in imposing such service the State shall not make any discrimination on grounds only of religion, race, caste or class or any of them.

Article 24 of Indian Constitution

No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

Article 25 of Indian Constitution

  1. Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practise and propagate religion.
  2. Nothing in this article shall affect the operation of any existing law or prevent the State from making any law—

(a) Regulating or restricting any economic,
financial, political or other secular activity which may
be associated with religious practice;

(b) Providing for social welfare and reform or the
throwing open of Hindu religious institutions of a
public character to all classes and sections of Hindus.

Explanation I.—The wearing and carrying of kirpans
shall be deemed to be included in the profession of the Sikh religion.

Explanation II.—In sub-clause (b) of clause (2), the
reference to Hindus shall be construed as including a
reference to persons professing the Sikh, Jaina or
Buddhist religion, and the reference to Hindu religious institutions shall be construed accordingly.

Article 26 of Indian Constitution

Subject to public order, morality and health, every religious denomination or any section thereof shall have the right—

  1. to establish and maintain institutions for religious and charitable purposes;
  2. to manage its own affairs in matters of religion;
  3. to own and acquire movable and immovable property; and
  4. to administer such property in accordance with law.

Article 27 of Indian Constitution

No person shall be compelled to pay any taxes,
the proceeds of which are specifically appropriated in
payment of expenses for the promotion or maintenance
of any particular religion or religious denomination.

Article 28 of Indian Constitution

  1. No religious instruction shall be provided in any educational institution wholly maintained out of State funds.
  2. Nothing in clause (1) shall apply to an educational institution which is administered by the State but has been established under any endowment or trust which requires that religious instruction shall be imparted in such institution.
  3. No person attending any educational institution recognised by the State or receiving aid out of State funds shall be required to take part in any religious instruction that may be imparted in such institution or to attend any religious worship that may be conducted in such institution or in any premises attached thereto unless such person or, if such person is a minor, his guardian has given his consent thereto.

Article 29 of Indian Constitution

  1. Any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.
  2. No citizen shall be denied admission into any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language or any of them.

Article 30 of Indian Constitution

  1. All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice. [(1A) In making any law providing for the compulsory acquisition of any property of an educational institution established and administered by a minority,referred to in clause (1), the State shall ensure that the amount fixed by or determined under such law for the acquisition of such property is such as would not restrict or abrogate the right guaranteed under that clause.]
  2. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.

Article 31 of Indian Constitution

[Compulsory acquisition of property.] Repealed by the , 44th Amendment Act 1978, s. 6 (w.e.f.
20-6-1979).

Article 32 of Indian Constitution

  1. The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.
  2. The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.
  3. Without prejudice to the powers conferred on the Supreme Court by clauses (1) and (2), Parliament may by law empower any other court to exercise within the local limits of its jurisdiction all or any of the powers exercisable by the Supreme Court under clause (2).
  4. The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

Article 32A of Indian Constitution

Article 32A prohibited the Supreme Court from considering the constitutional validity of State laws in writ proceedings for the enforcement of Fundamental Rights. Article 226A placed a similar prohibition on High Courts from considering the constitutional validity of Central laws.Bill introduced in the Lok Sabha: The Constitution (Forty-fourth Amendment) Bill, 1977Bill published on: 16 December 1977.

Article 33 of Indian Constitution

Parliament may, by law, determine to what
extent any of the rights conferred by this Part shall, in
their application to,—

  1. He members of the Armed Forces; or
  2. The members of the Forces charged with the maintenance of public order; or
  3. Persons employed in any bureau or other organisation established by the State for purposes of intelligence or counter intelligence;
  4. Persons employed in, or in connection with, the telecommunication systems set up for the purposes of any Force, bureau or organisation referred to in clauses (a) to (c),

Article 34 of Indian Constitution

Notwithstanding anything in the foregoing provisions of this Part, Parliament may by law indemnify any person in the service of the Union or of a State or any other person in respect of any act done by him in connection with the maintenance or restoration of order in any area within the territory of India where martial law was in force or validate any sentence passed, punishment inflicted, forfeiture ordered or other act done under martial law in such area.

Article 35 of Indian Constitution

Anything in this Constitution,

  1. Parliament shall have, and the Legislature of a State shall not have, power to make laws— (i) with respect to any of the matters which under clause (3) of article 16, clause (3) of article 32, article 33 and article 34 may be provided for by law made by Parliament; and (ii) for prescribing punishment for those acts which are declared to be offences under this Part; and Parliament shall, as soon as may be after the commencement of this Constitution, make laws for prescribing punishment for the acts referred to in sub-clause (ii).
  2. any law in force immediately before the commencement of this Constitution in the territory of India with respect to any of the matters referred to in sub-clause (i) of clause (1) or providing for punishment for any act referred to in sub-clause (ii) of that clause shall, subject to the terms thereof and to any adaptations and modifications that may be made therein under article 372, continue in force until altered or repealed or amended by Parliament. Explanation.—In this article, the expression “law in force” has the same meaning as in article 372.

All amendments in part 3 of Indian Constitution

Seventy Third Amendment Act, 1992

Seventy Third Amendment Act, 1992,Granted constitutional status and protection to the Panchayati Raj institutions. For this purpose, the Amendment has added a new Part-IX entitled as ‘the panchayats’ and a new Eleventh Schedule containing 29 functional items of the panchayats.

Seventy Fourth Amendment Act, 1992

Seventy Fourth Amendment Act, 1992,

Granted constitutional status and protection to the Panchayati Raj institutions. For this purpose, the Amendment has added a new Part-IX entitled as ‘the panchayats’ and a new Eleventh Schedule containing 29 functional items of the panchayats.

Seventy Seventh Amendment Act, 1995

Seventy Seventh Amendment Act, 1995,Provided for reservation in promotions in government jobs for Scheduled Castes and Scheduled Tribes. This amendment nullified the Supreme Court ruling with regard to reservation in promotions.

Eightieth Amendment Act, 2000

Eightieth Amendment Act, 2000,Provided for an ‘alternative scheme of devolution’ of revenue between the Centre and states. This was enacted on the basis of the recommendations of the Tenth Finance Commission which had recommended that out of the total income obtained from Central taxes and duties, 29% should be distributed among the states.

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