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Fundaments Rights

Every Freedom Ends Religious Conflict Rapidly.

Category Count Articles Focus
Right to Equality 5 Art. 14–18 Equality before law (14), No discrimination (15), Equal opportunity (16), Abolition of untouchability (17), Abolition of titles (18).
Right to Freedom 4 Art. 19–22 6 democratic freedoms (19), Protection against arbitrary conviction (20), Life & liberty (21/21A), Protection against arrest/detention (22).
Right against Exploitation 2 Art. 23–24 Human trafficking & forced labour (23), Child labour prohibition (24).
Right to Freedom of Religion 4 Art. 25–28 Conscience & profession (25), Religious affairs management (26), Freedom from religious taxes (27), Religious instruction attendance (28).
Cultural & Educational Rights 2 Art. 29–30 Protection of minority language/script/culture (29), Right of minorities to establish educational institutions (30).
Right to Constitutional Remedies 1 Art. 32 Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto.

Article 12: Definition of the "State"

Mnemonic: U-S-L-O "Union, States, Local, Others"

Article 12 defines what authorities are bound by Fundamental Rights:

  1. U — Union Government & Parliament: Executive and legislative organs of the Centre.
  2. S — State Government & Legislature: Executive and legislative organs of States.
  3. L — Local Authorities: Municipalities, Panchayats, District Boards, Improvement Trusts.
  4. O — Other Authorities: Statutory/non-statutory bodies within India or under Government control (e.g., LIC, ONGC, SAIL).

Article 13: Laws Inconsistent with Fundamental Rights

Mnemonic: P-P-M-C "Pre-constitutional, Post-constitutional, Meaning of law, Constitutional amendments"

  1. 13(1) — Pre-constitutional laws: Void to the extent of inconsistency (Doctrine of Eclipse & Severability).
  2. 13(2) — Post-constitutional laws: State shall not make laws taking away FRs; void ab initio if violated.
  3. 13(3) — Meaning & Definitions:
  4. 13(3)(a): "Law" includes ordinance, order, bye-law, rule, regulation, notification, custom, or usage.

  5. 13(3)(b): "Laws in force" includes laws passed before the commencement of the Constitution.

  6. 13(4) — Constitutional Amendments: Article 13 does not apply to amendments under Art. 368 (Inserted by 24th Amendment; subject to the Basic Structure doctrine via Kesavananda Bharati).

Article 14: Equality Before Law

Mnemonic: B-E (British vs American)

  1. Equality before the law: British origin; negative concept (absence of special privilege; no man is above law).
  2. Equal protection of the laws: American origin; positive concept (equality of treatment under equal circumstances; "equals treated equally").

Article 15: Prohibition of Discrimination (Clauses 1 to 6)

Mnemonic: N-A-W-S-E-E "No bias, Access everywhere, Women & kids, Socially backward, Educational institutions, EWS"

  • 15(1) — No Discrimination: State cannot discriminate on R-R-C-S-P (Religion, Race, Caste, Sex, Place of birth) only.
  • 15(2) — Access to Public Places: Citizens cannot be denied access to shops, restaurants, public wells, tanks, and roads maintained by state funds.
  • 15(3) — Women & Children: Special provisions/affirmative actions permitted for women and children.
  • 15(4) — Socially & Educationally Backward: Special provisions for advancement of SEBCs / SCs / STs (Added by 1st Amendment, 1951).
  • 15(5) — Educational Admissions: Special provisions including admission to educational institutions (public and private, aided or unaided, excluding minority institutions) (93rd Amendment, 2005).
  • 15(6) — EWS: Up to 10% reservation in admissions for Economically Weaker Sections (103rd Amendment, 2019).

Article 16: Equality of Opportunity in Public Employment (Clauses 1 to 6)

Mnemonic: O-N-R-R-C-E "Opportunity, No bias, Residence rule, Reservations, Carry-forward, Economic quota"

  • 16(1) — Opportunity: Equal opportunity for all citizens in public employment.
  • 16(2) — No Discrimination: No discrimination based on R-R-C-S-P-D-R (Adds Descent and Residence to Art 15).
  • 16(3) — Residence Requirement: Parliament (not State legislatures) can prescribe residence as a condition for certain employment in a State/UT.
  • 16(4) — Reservation for Backward Classes: State can provide reservations for backward classes not adequately represented in State services.
  • 16(4A): Reservation in promotions with consequential seniority for SCs/STs (77th & 85th Amendments).

  • 16(4B): Unfilled backlog vacancies treated as a separate class; exempt from the 50% reservation ceiling (Carry-forward rule, 81st Amendment).

  • 16(5) — Religious Offices Exemption: Law can require that an incumbent of a religious/denominational office belong to that specific religion.

  • 16(6) — EWS Reservation: Up to 10% reservation in appointments for Economically Weaker Sections (103rd Amendment, 2019).

Article 19: Six Freedoms & Their Reasonable Restrictions

Every right in 19(1) has matching reasonable restrictions in 19(2)–(6).

The 6 Freedoms: Article 19(1)(a) to 19(1)(g)

Mnemonic: S-A-U-M-R-P (Speech, Assembly, Unions, Movement, Residence, Profession)

Restrictions on Article 19(1)(a) [Freedom of Speech] — Article 19(2) (8 Grounds)

Mnemonic: S-S-F-P-M-C-D-I "Sovereignty, Security, Friendly states, Public order, Morality, Contempt, Defamation, Incitement"

  1. Sovereignty and integrity of India
  2. Security of the State
  3. Friendly relations with foreign states
  4. Public order
  5. Decency or Morality
  6. Contempt of court
  7. Defamation
  8. Incitement to an offence

Restrictions on Article 19(1)(b) [Assembly] — Article 19(3) (2 Grounds)

Mnemonic: S-P ("Safe Peace")

  1. Sovereignty and integrity of India
  2. Public order

Restrictions on Article 19(1)© [Unions/Associations] — Article 19(4) (3 Grounds)

Mnemonic: S-P-M ("Safe Public Morals")

  1. Sovereignty and integrity of India
  2. Public order
  3. Morality

Restrictions on 19(1)(d) [Movement] & 19(1)(e) [Residence] — Article 19(5) (2 Grounds)

Mnemonic: G-T ("General Tribal")

  1. Interests of the General public
  2. Protection of interests of any Scheduled Tribe

Restrictions on 19(1)(g) [Trade/Profession] — Article 19(6) (3 Grounds)

Mnemonic: G-P-M ("General, Professional, Monopoly")

  1. Interests of the General public
  2. Prescribing Professional or technical qualifications necessary for practicing
  3. State Monopoly (carrying on trade/business by State to the partial/complete exclusion of citizens)

Article 20: Protection in Respect of Conviction

Mnemonic: P-D-S

  • 20(1) — P (Post-facto Law): Cannot be convicted under retrospective penal laws; cannot be given a penalty greater than what was prescribed at the time of the offence.
  • 20(2) — D (Double Jeopardy): Cannot be prosecuted and punished twice for the same offence before a court/judicial tribunal.
  • 20(3) — S (Self-Incrimination): No person accused of any offence shall be compelled to be a witness against himself.

Article 21 & 21A: Life, Liberty & Education

Mnemonic: P-D-E "Procedure established by law, Due process, Education"

  • 21: No person deprived of life or personal liberty except according to Procedure Established by Law (expanded to Due Process of Law via Maneka Gandhi Case, 1978).
  • 21A — E (Education): State shall provide free and compulsory education to all children of the age 6 to 14 years (Added by 86th Amendment, 2002).

Article 22: Preventive & Punitive Detention (Clauses 1 to 7)

Mnemonic: I-C-24 | 3-B-C-P

Punitive Part (Ordinary Criminal Law):

  • 22(1) — I-C: Right to be Informed of grounds of arrest; right to Consult and be defended by a legal practitioner.
  • 22(2) — 24: Production before magistrate within 24 hours (excluding transit time).
  • 22(3) — Exceptions: Rights 22(1) and 22(2) do not apply to enemy aliens or preventive detenu.

Preventive Part (Detention without Trial):

  • 22(4) — 3-B: Detention cannot exceed 3 months unless an Advisory Board confirms sufficient cause.
  • 22(5) — C: State must Communicate the grounds of detention and afford earliest opportunity to make representation.
  • 22(6) — Non-disclosure: State can withhold facts disclosure of which is against public interest.
  • 22(7) — P (Parliament's Power): Parliament can prescribe maximum detention periods and procedures for Advisory Boards.

Article 25: Freedom of Conscience and Religion (Clauses 1 and 2)

Mnemonic: C-P-P-P | R-S-H

  • 25(1) — Individual Freedom: All persons equally entitled to:
  • Conscience (internal belief)
  • Profess (open declaration)
  • Practise (rituals, rites)
  • Propagate (persuasion/dissemination, but not forced conversions)

  • Subject to: P-M-H (Public order, Morality, and Health).

  • 25(2) — State Intervention Allowed:

  • 25(2)(a) — R (Regulate): Regulating economic, financial, or secular activities associated with religious practice.
  • 25(2)(b) — S-H (Social reform & Hindu institutions): Providing social welfare/reform, and throwing open Hindu religious institutions of a public character to all classes and sections of Hindus.
  • Explanation I: Wearing and carrying of kirpans included in Sikh profession.
  • Explanation II: "Hindus" includes Sikhs, Jains, and Buddhists.

Article 26: Collective Religious Autonomy (Sub-clauses a to d)

Mnemonic: I-A-P-L "Institution, Affairs, Property, Law"

Every religious denomination or section thereof has the right to:

  • 26(a) — I: Establish and maintain Institutions for religious and charitable purposes.
  • 26(b) — A: Manage its own Affairs in matters of religion.
  • 26© — P: Own and acquire movable and immovable Property.
  • 26(d) — L: Administer such property in accordance with Law.

Article 30: Minority Educational Institutions (Clauses 1, 1A, 2)

Mnemonic: E-C-A "Establish, Compensation, Aid"

  • 30(1) — E (Establish & Administer): All minorities (religious or linguistic) have the right to establish and administer educational institutions of their choice.
  • 30(1A) — C (Compulsory Acquisition): If State acquires property of a minority educational institution, the compensation fixed must not restrict or abrogate the right guaranteed under 30(1) (Added by 44th Amendment, 1978).
  • 30(2) — A (Aid): State shall not discriminate in granting Aid to any educational institution on the ground that it is under minority management.

Article 31A, 31B, 31C: Saving of Certain Laws

Mnemonic: E-N-D "Estates, Ninth Schedule, Directive Principles"

  • 31A — E (Estates): Saves 5 categories of laws (acquisition of estates, taking over management, amalgamation of corporations, extinguishment of voting rights/leases) from challenge under Art. 14 and 19.
  • 31B — N (Ninth Schedule): Validates Acts and Regulations placed in the 9th Schedule (immune from FR challenge, though subject to Basic Structure review post-I.R. Coelho, April 24, 1973).
  • 31C — D (Directive Principles Implementation): Saves laws giving effect to DPEPs under Article 39(b) and 39© from challenge under Articles 14 and 19 ("Where 31C comes in, Article 14 goes out").

Article 33, 34, 35: Military, Martial Law & Legislation

Mnemonic: A-M-P "Armed forces, Martial law, Parliamentary exclusive power"

  • Article 33 — A (Armed Forces): Parliament can modify or restrict FRs for members of Armed Forces, Para-military forces, Police, Intelligence agencies, and telecommunication systems used by them.
  • Article 34 — M (Martial Law): Restrictions on FRs while martial law is in force in any area; indemnifies acts done by public servants during martial law.
  • Article 35 — P (Parliament Only): Power to make laws to give effect to certain FRs (Art. 16(3), 32(3), 33, 34, and prescribing punishments for untouchability under Art. 17 or forced labour under Art. 23) rests exclusively with Parliament, not State Legislatures.