fundamental rights

Part III guarantees equality (Arts 14–18), freedoms (Arts 19–22), rights against exploitation (Arts 23–24), freedom of religion (Arts 25–28), cultural and educational rights (Arts 29–30) and the right to constitutional remedies (Art 32). They bind the “State” as defined in Article 12, and Article 13 voids laws that are inconsistent with them. Some are available to all persons (Arts 14, 20, 21), others only to citizens (Arts 15, 16, 19, 29).

In Kesavananda Bharati (1973) the Supreme Court held that Parliament can amend fundamental rights but not destroy the basic structure. In Maneka Gandhi (1978) it read Articles 14, 19 and 21 together, requiring any procedure depriving liberty to be fair, just and reasonable. During an emergency, Articles 20 and 21 cannot be suspended (44th Amendment).

Example

Because a private company is not “State” under Article 12, a writ for violation of fundamental rights does not ordinarily lie against it.

In Indian law

• Articles 12–35, Constitution of India (Part III)
• Kesavananda Bharati v. State of Kerala, 1973 INSC 91
• Maneka Gandhi v. Union of India, 1978 INSC 16

See also

basic structure doctrine · writ · right to life and personal liberty · fundamental duties

Read more in the study notes

• Rule of law and droit administratif (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Administrative discretion and its judicial review (Administrative Law)
• Judicial control: public and private law remedies, writ procedure and ouster clauses (Administrative Law)
• Government contracts and state liability: the administrative-law angle (Administrative Law)
• Promissory estoppel, legitimate expectation and proportionality (Administrative Law)