Fundamental Rights (Articles 12–35)

1. Origin, Features, and Significance of Fundamental Rights

1.1 Six Fundamental Rights at a Glance

1.2 Features of Fundamental Rights

• Available against the State (Art. 12): FRs protect citizens mainly against state action; some available against private individuals too (Arts. 15, 17, 23, 24)
• Not absolute: Subject to reasonable restrictions imposed by the State in public interest
• Justiciable: Can be enforced through courts; violation gives rise to legal remedy
• Amenable to suspension: Most FRs can be suspended during National Emergency (Art. 352) except Arts. 20 and 21 (44th Amendment)
• Cannot be waived: FRs are conferred by the Constitution in public interest, not merely for individual benefit — Behram Khurshid Pesikaka v. State of Bombay
• Available to citizens AND non-citizens: Arts. 14, 20, 21, 22, 23, 24, 25, 26, 27, 28 available to all persons; Arts. 15, 16, 19, 29, 30 available only to citizens
• Enforceable against instrumentalities of State: Via expanded definition of "State" under Art. 12

1.3 Criticism of Fundamental Rights

• Subject to too many exceptions and qualifications — "rights given with one hand, taken away by the other"
• Suspendable during Emergency — when most needed, removed
• Social and economic rights not included as FRs (shifted to DPSP)
• Complex legal language — inaccessible to ordinary citizens
• Preventive detention (Art. 22) seems inconsistent with right to life and liberty

1.4 Significance of Fundamental Rights

• Provide individual liberty against arbitrary state action
• Promote social equality — abolish untouchability, discrimination, forced labour
• Establish rule of law — even the state is bound by law
• Enable democratic functioning — free speech, free elections, free associations
• Protect minorities — religious, linguistic, cultural minorities given specific protection
• Provide judicial enforcement mechanism — Article 32 as independent FR itself

2. Article 12 — Definition of "State"

Article 12 defines "State" for purposes of Part III. It includes:

• The Government and Parliament of India
• The Government and Legislature of every state
• All local or other authorities within the territory of India or under the control of the Government of India

2.1 "Other Authorities" — Judicial Expansion

The phrase "other authorities" has been interpreted expansively by the Supreme Court through a series of cases:

3. Article 13 — Laws Inconsistent with Fundamental Rights

3.1 Pre-Constitutional and Post-Constitutional Laws

• Art. 13(1): All laws in force immediately before the commencement of the Constitution, to the extent they are inconsistent with FRs, shall be void to the extent of the inconsistency
• Art. 13(2): State shall not make any law that takes away or abridges the FRs; any law made in contravention shall be void to the extent of the contravention
• Art. 13(3): "Law" includes: permanent laws enacted by Parliament/state, ordinances, orders, by-laws, rules, regulations, notifications, customs, usages having the force of law
• Art. 13(4): Art. 13 does not apply to amendments under Art. 368 (added by 24th Amendment 1971 to counteract Golaknath)

3.2 Does Art. 13 Apply to Constitutional Amendments?

3.3 Important Doctrines under Art. 13

Doctrine of Eclipse: A pre-constitutional law that is inconsistent with an FR is not dead — it is merely overshadowed (eclipsed). If the FR is later amended to permit the restriction, the eclipsed law revives automatically (Bhikaji Narain Dhakras v. State of MP, 1955). Does NOT apply to post-constitutional laws — these are void ab initio.

Doctrine of Severability: Only the portion of a law that is inconsistent with FRs is void — the rest remains valid, provided the valid and invalid parts are severable (R.M.D. Chamarbaugwala v. Union of India, 1957).

Doctrine of Waiver: FRs generally cannot be waived — they are conferred by the Constitution in public interest, not merely for individual benefit (Behram Khurshid Pesikaka v. State of Bombay, 1955).

4. Right to Equality (Articles 14–18)

4.1 Article 14 — Equality before Law and Equal Protection

Article 14 contains two concepts:

• Equality before law (British concept): No person is above the law; the law applies equally to all; negative concept — prohibits special privileges
• Equal protection of laws (American concept): Like must be treated alike; equals must be treated equally; positive concept — requires similar treatment in similar circumstances

Rule of Law (A.V. Dicey's 3 elements): (i) Supremacy of law — no one punished except for breach of law; (ii) Equality before law — no man above the law; (iii) Predominance of legal spirit — courts protect rights. Embodied in Art. 14.

Exceptions to Equality (not violations of Art. 14):

• Foreign diplomats and heads of state (Vienna Convention on Diplomatic Relations)
• President and Governors of States (Art. 361 — no personal liability for official acts; no criminal proceedings during term)
• Members of Parliament (Art. 105 — freedom of speech in Parliament)
• Legislation protected by Art. 31B (9th Schedule)

Reasonable Classification:

Art. 14 does NOT prohibit classification — it only prohibits arbitrary/unreasonable classification. Permitted classification must satisfy two conditions:

• Intelligible differentia: The basis for distinguishing one group from another must be understandable and not vague
• Rational nexus: The distinction made must have a rational relationship to the object sought to be achieved by the law

New Equality Jurisprudence — Arbitrariness test:

In E.P. Royappa v. Tamil Nadu (1974), Justice Bhagwati held: "Equality is a dynamic concept with many aspects and dimensions and it cannot be 'cribbed, cabined and confined' within traditional and doctrinaire limits. From a positivistic point of view, equality is antithetical to arbitrariness."

In Maneka Gandhi v. Union of India (1978), this was extended — any law/action that is arbitrary violates Art. 14. Arts. 14, 19, 21 form a "golden triangle" — must all be satisfied.

4.2 Article 15 — Prohibition of Discrimination

Article 15(1): The State shall not discriminate against any citizen on grounds ONLY of religion, race, caste, sex, or place of birth.

Article 15(2): No discrimination in access to shops, public restaurants, hotels, places of public entertainment, and public wells/roads/bathing ghats.

4.3 Article 16 — Equality of Opportunity in Public Employment

• Art. 16(1)–(2): Equality of opportunity + no discrimination in public employment on grounds of religion, race, caste, sex, descent, place of birth, residence
• Art. 16(3): Parliament can prescribe residence requirement for employment in state/UT
• Art. 16(4): Reservation for backward classes in appointments/posts — Indra Sawhney 1992 guidelines apply
• Art. 16(4A): 77th Amendment 1995 — reservation in promotions for SC/ST (consequential seniority provision)
• Art. 16(4B): 81st Amendment 2000 — unfilled reserved vacancies carried forward form a separate class; 50% ceiling doesn't apply to this backlog
• Art. 16(6): 103rd Amendment 2019 — 10% EWS reservation in direct recruitment

4.4 Article 17 — Abolition of Untouchability

"Untouchability" is abolished and its practice in any form is forbidden. Enforcement of any disability arising out of untouchability shall be an offence punishable in accordance with law.

• Absolute right — no exceptions, applies even against private individuals (not just State)
• Cannot be suspended during Emergency
• Protection of Civil Rights Act 1955 (formerly Untouchability Offences Act) — punishes untouchability
• SC/ST (Prevention of Atrocities) Act 1989 (amended 2018) — protects SC/ST from violence and discrimination
• People's Union for Civil Liberties v. Union of India 2004 — SC issued directions for implementation

4.5 Article 18 — Abolition of Titles

• Art. 18(1): No title (except military or academic distinctions) shall be conferred by the State
• Art. 18(2): No citizen shall accept any title from any foreign State
• Art. 18(3)(4): No person holding office of profit under the State shall accept title/emolument from foreign state without Presidential consent
• Bharat Ratna and Padma Awards: In Balaji Raghavan v. Union of India (1996), SC held these awards do NOT violate Art. 18 as they are national honours, not heritable titles. They cannot be used as suffixes/prefixes to names.

5. Right to Freedom (Articles 19–22)

5.1 Article 19 — Six Fundamental Freedoms

Originally 7 freedoms; right to acquire, hold, and dispose of property removed by 44th Amendment 1978. Current six:

Art. 19(1)(a) — Freedom of Speech and Expression

Includes: freedom of press; right to information (PUCL v. Union of India); right to silence/not to speak (Bijoe Emmanuel v. State of Kerala 1986 — Jehovah's Witnesses not compelled to sing national anthem); right to broadcast (Secretary, MIB v. Cricket Association of Bengal 1995); commercial speech (Tata Press v. MTNL 1995); right to know; freedom of internet (Anuradha Bhasin v. Union of India 2020).

Does NOT include: right to strike; right to bandh (T.K. Rangarajan v. Govt of Tamil Nadu 2003); defamation; contempt of court; obscenity; right to propagate sedition.

Restrictions under Art. 19(2): Sovereignty and integrity of India; security of state; friendly relations with foreign states; public order; decency or morality; contempt of court; defamation; incitement to an offence.

Key cases: Romesh Thappar v. State of Madras 1950 (struck down Madras Maintenance of Public Order Act — first press freedom case); Shreya Singhal v. Union of India 2015 (struck down Section 66A IT Act as unconstitutional — too vague); Navtej Singh Johar v. Union of India 2018 (struck down Section 377 IPC).

Art. 19(1)(b) — Right to Assemble Peacefully and Without Arms

Restrictions: sovereignty/integrity of India; public order. Includes: demonstrations, processions, rallies. Requires peaceful, unarmed assembly. Section 144 CrPC/BNSS can impose restrictions — SC has upheld it with safeguards.

Art. 19(1)(c) — Right to Form Associations/Unions/Cooperatives

Restrictions: sovereignty/integrity; public order; morality. Includes: trade unions, political parties, professional associations, NGOs. Does NOT include right to continue as member if association dissolved by law.

97th Amendment 2011 added "co-operative societies" — but SC in State of Gujarat v. Rajendra Singh Rana 2021 partially struck down as violating federalism (cooperative societies are state subject).

Art. 19(1)(d) — Right to Move Freely Throughout India

Restrictions: interests of general public; protection of interests of any Scheduled Tribe. Includes internal movement between states; cannot be expelled from one's own state.

Art. 19(1)(e) — Right to Reside and Settle in Any Part of India

Same restrictions as Art. 19(1)(d). Applies to citizens only. Domicile within any state is a right.

Art. 19(1)(g) — Right to Practise Any Profession, Carry on Any Occupation, Trade or Business

Restrictions under Art. 19(6): State can prescribe professional/technical qualifications; create state monopoly in national/public interest.

Key cases: Excel Wear v. Union of India (right to close business); Sodan Singh v. NDMC 1989 (hawkers have limited right to carry on business on streets subject to regulation).

5.2 Article 20 — Protection in Respect of Conviction

Three protections — cannot be suspended even during National Emergency (44th Amendment 1978):

• Art. 20(1) — No ex post facto law: No person shall be convicted for an act that was not an offence at the time of commission; no punishment more severe than what existed at time of commission. Applies to criminal law only, not civil.
• Art. 20(2) — No double jeopardy: No person shall be prosecuted and punished for the same offence more than once. Note: prosecution must lead to punishment for the protection to apply; mere acquittal + retrial in another court may not be double jeopardy.
• Art. 20(3) — No self-incrimination: No person accused of an offence shall be compelled to be a witness against himself.

5.3 Article 21 — Protection of Life and Personal Liberty

Rights Implied in Art. 21 — Judicial Expansion:

Article 21A — Right to Education (86th Amendment 2002)

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. This led to the Right to Children to Free and Compulsory Education Act (RTE Act 2009), which mandates 25% seats in private unaided schools for economically disadvantaged groups.

5.4 Article 22 — Protection against Arrest and Detention

Part A — Rights on Ordinary Arrest (Art. 22(1) and (2)):

• Right to be informed of grounds of arrest as soon as possible
• Right to consult and be defended by a legal practitioner of choice
• Right to be produced before the nearest magistrate within 24 hours of arrest (excluding travel time)
• No detention beyond 24 hours without magistrate's authority

Part B — Preventive Detention (Art. 22(3)–(7)):

• Art. 22(3): The rights in Art. 22(1)/(2) do NOT apply to (a) enemy aliens; (b) persons arrested under preventive detention law
• Art. 22(4): No detention beyond 3 months without Advisory Board opinion (board must include serving/retired HC judges)
• Art. 22(5): Person detained must be communicated grounds for detention "as soon as may be" (not always immediately — can be withheld in public interest: Art. 22(6))
• Art. 22(7): Parliament can prescribe circumstances where Advisory Board opinion not needed + maximum period of detention

6. Right against Exploitation (Articles 23–24)

6.1 Article 23 — Prohibition of Traffic and Forced Labour

Traffic in human beings, begar (forced labour without remuneration), and other similar forms of forced labour are prohibited. Violation = criminal offence.

• Available against both State and private individuals — not just the State
• Covers: bonded labour; child labour in hazardous work; dedication of devadasis; selling of women/children
• Exception: Art. 23(2) — State can impose compulsory service for public purposes (e.g., military service, national calamity) — must not discriminate on grounds of religion, race, caste, class
• People's Union for Democratic Rights v. Union of India 1982 (Asiad Workers case): Persons paid below minimum wage are engaged in "forced labour" within Art. 23 — compelling landmark judgment
• Bandhua Mukti Morcha v. Union of India 1984: SC issued comprehensive directions for release and rehabilitation of bonded labour; Art. 23 read with Art. 21

6.2 Article 24 — Prohibition of Child Labour in Factories

No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.

• Child Labour (Prohibition and Regulation) Amendment Act 2016: Extended the ban — children under 14 years cannot work in ANY occupation/process; children 14–18 years (adolescents) cannot work in hazardous occupations (mines, inflammable substances, explosives)
• MC Mehta v. State of Tamil Nadu 1997 (Sivakasi case): SC directed phased elimination of child labour; hazardous industries must immediately remove children below 14; children to be provided education via Child Labour Rehabilitation Fund
• Art. 24 does NOT prohibit child labour in non-hazardous activities — a limitation critiqued by child rights advocates
• Read with Art. 21A (right to education) and Art. 39(f) DPSP (children's healthy development)

7. Right to Freedom of Religion (Articles 25–28)

7.1 Article 25 — Freedom of Conscience and Religion

All persons are equally entitled to freedom of conscience and the right to freely profess, practise, and propagate religion.

Subject to: Public order, morality, health, and other provisions of Part III.

Art. 25(2) — State's power:

• Art. 25(2)(a): State can regulate or restrict any economic, financial, political, or other secular activity associated with religious practice
• Art. 25(2)(b): State can provide for social welfare and reform, and can throw open Hindu religious institutions to all classes and sections of Hindus

Key Cases on Art. 25:

7.2 Article 26 — Freedom to Manage Religious Affairs

Every religious denomination (or section thereof) has the right to:

• (a) Establish and maintain institutions for religious and charitable purposes
• (b) Manage its own affairs in matters of religion
• (c) Own and acquire movable and immovable property
• (d) Administer such property in accordance with law

Subject to: public order, morality, health. Art. 26 applies to denominations (well-defined religious groups), not individuals.

7.3 Article 27 — Freedom from Religious Taxes

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. Tax (compulsory levy) is prohibited; fee for regulation may be allowed.

7.4 Article 28 — Freedom from Religious Instruction

8. Cultural and Educational Rights (Articles 29–30)

8.1 Article 29 — Protection of Interests of Minorities

Art. 29(1): Any section of 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.

Art. 29(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.

• Art. 29 available to any section of citizens — not limited to minorities (unlike Art. 30)
• Art. 29(2) prohibits the State from denying admission to state-aided schools on discriminatory grounds — complements Art. 15(2)

8.2 Article 30 — Rights of Minorities to Establish Educational Institutions

Art. 30(1): All minorities (whether based on religion or language) shall have the right to establish and administer educational institutions of their choice.

Art. 30(1A): In making any law providing for compulsory acquisition of property of an educational institution established under Art. 30(1), the State shall ensure the amount fixed is such that it does not restrict or abrogate the right.

Art. 30(2): State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under management of a minority.

Key Cases on Art. 30:

9. Right to Property — Historical (Article 31)

Article 31 originally guaranteed the Right to Property as a Fundamental Right. The journey:

• Art. 31 (1950): No person deprived of property except by authority of law; compulsory acquisition required adequate compensation
• 1st Amendment 1951: Added Art. 31A (protection of land reform laws) and Art. 31B (9th Schedule) — to protect zamindari abolition laws from FR challenge
• 25th Amendment 1971: Added Art. 31C — laws implementing DPSP under Art. 39(b)(c) cannot be challenged under Arts. 14 or 19; "compensation" replaced by "amount"
• 44th Amendment 1978: Deleted Art. 31 as a Fundamental Right; Art. 19(1)(f) (right to acquire/hold/dispose property) removed; Right to Property shifted to Art. 300A as a legal right (not FR) — "No person shall be deprived of his property save by authority of law"
• Present position: Right to property is now only a constitutional right under Art. 300A — not a FR. Cannot be enforced under Art. 32; must approach HC under Art. 226 or regular courts.

10. Right to Constitutional Remedies (Article 32)

Art. 32(1): The right to move the Supreme Court by appropriate proceedings for enforcement of FRs is itself guaranteed as a Fundamental Right.

Art. 32(2): The Supreme Court shall have power to issue directions, orders, or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari.

Art. 32(3): Parliament may by law empower any other court to exercise within local limits similar powers — but this has not been widely used.

Art. 32(4): The right guaranteed by Art. 32 shall not be suspended except as otherwise provided in this Constitution (i.e., under Art. 359 during National Emergency).

10.1 Article 32 vs Article 226

10.2 The Five Writs

1. Habeas Corpus ("You shall have the body")

Issued to a person (including private individuals, not just the State) who has unlawfully detained another. The court orders the detaining authority to produce the detained person before the court and justify the detention. If detention is illegal, the court orders immediate release.

• Most important writ for personal liberty
• Can be issued against private individuals AND the State
• Cannot be issued where detention is lawful; where person is not in custody; where court lacks jurisdiction; or when habeas corpus is sought to evade trial
• Was suspended during Emergency 1975–77 — ADM Jabalpur case 1976 (infamously upheld suspension); overruled in K.S. Puttaswamy 2017 and implicitly by 44th Amendment making Arts. 20, 21 non-suspendable

2. Mandamus ("We command")

Issued by superior court to a public authority, inferior court, or tribunal commanding it to perform a public duty or exercise a public function that it has neglected to perform.

• Can be issued against: public authorities, public officials, lower courts, tribunals
• CANNOT be issued against: President/Governor (Art. 361); Parliament/legislature in exercise of legislative powers; chief justice of HC when acting in judicial capacity; private individuals (generally)
• Condition: The duty must be public and mandatory (not discretionary) AND the petitioner must have a legal right to demand performance

3. Prohibition ("To forbid")

Issued by superior court to inferior court or tribunal prohibiting it from exceeding its jurisdiction or acting contrary to the rules of natural justice. Operates while proceedings are still pending (before a final order is made — unlike certiorari which operates after).

• Prevents excess of jurisdiction in advance
• Can only be issued against judicial/quasi-judicial bodies — NOT against administrative/executive bodies or private individuals
• Grounds: excess/absence of jurisdiction; violation of natural justice; unconstitutionality of the law under which the tribunal is acting

4. Certiorari ("To be certified/informed")

Issued by superior court to inferior court or tribunal to quash an order already made or to transfer a case to the superior court. Operates after the order is made (unlike prohibition).

• Grounds for issuance: excess/absence of jurisdiction; violation of natural justice (audi alteram partem, nemo judex in causa sua); error apparent on face of record; fraud; violation of FRs
• Originally only against judicial/quasi-judicial bodies; now extended to administrative authorities also if they affect rights — Raj Narain v. Patna Administration 1954
• Post-Maneka Gandhi: broader scope — any administrative action that is arbitrary, unfair, or violates FRs can be certioraried

5. Quo Warranto ("By what authority/warrant")

Issued to a person who claims or occupies a public office to show by what authority they hold it. If no valid authority, the court can remove them from the office.

• Can be filed by any person — not just an aggrieved person (unlike other writs)
• Available only for substantive public office of permanent character (not ministerial or private office)
• The office must be created by statute or the Constitution
• The person must be in actual occupation of the office

11. Special Provisions — Articles 33, 34, 35

11.1 Article 33 — Armed Forces and Fundamental Rights

Parliament may, by law, determine to what extent FRs may be restricted or abrogated in their application to:

• Members of the armed forces
• Members of forces charged with maintenance of public order
• Persons employed in intelligence bureaus and counter-intelligence organisations
• Persons employed in telecommunications systems set up in connection with armed forces or public order

Only Parliament (not state legislatures) can enact such laws. The purpose is to ensure discipline in forces. E.g., Army Act 1950, Navy Act 1957 restrict Art. 19 rights of servicemen.

11.2 Article 34 — Martial Law and Fundamental Rights

Parliament may indemnify any person in the service of the Union or State or any other person in respect of acts done by him in connection with the maintenance or restoration of order in any area where martial law was in force.

• Martial law = suspension of ordinary law; military government takes over civil administration in extreme circumstances
• Difference from National Emergency: National Emergency (Art. 352) is specifically in Constitution with defined procedure; Martial law is nowhere defined in Constitution — it is common law concept; Art. 34 only provides for indemnification after the fact
• Martial Law vs National Emergency: Martial law = military replaces civil administration; National Emergency = civilian government continues with curtailed FRs; both can coexist; Martial law has no specific article defining it (unlike Art. 352)

11.3 Article 35 — Parliament's Power to Legislate

Art. 35 ensures that Parliament alone (not state legislatures) has power to make laws regarding certain FR matters: Arts. 16(3), 32(3), 33, 34. This ensures uniformity of FR enforcement across India.

Art. 35(b): Existing laws penalising acts that were also criminal under Art. 17 (untouchability) or Art. 23 (forced labour) continue in force until repealed by Parliament.

11.4 Power of Parliament re: Articles 16, 32, 33, 34

• Art. 16(3): Parliament can prescribe residence for state employment
• Art. 32(3): Parliament can empower other courts to issue writs
• Art. 33: Parliament can restrict FRs for armed forces/intelligence
• Art. 34: Parliament can indemnify martial law acts
• Only Parliament — not state legislatures — for uniformity of FR law

12. Exceptions to Fundamental Rights — Articles 31A, 31B, 31C

12.1 Article 31A — Saving of Laws for Acquisition of Estates

Added by 1st Amendment 1951 (after SC struck down zamindari abolition laws in State of Bihar v. Kameshwar Singh 1951). Art. 31A provides that no law providing for:

• Acquisition of estates and extinguishment/modification of rights of owners
• Taking over of management of property by the State
• Amalgamation of corporations
• Extinguishment/modification of mining leases

...shall be void on the grounds of inconsistency with Arts. 14 or 19. This enabled land reform legislation across India. The word "estate" has been expansively interpreted by courts.

12.2 Article 31B — 9th Schedule Laws

Added by 1st Amendment 1951. Laws placed in the 9th Schedule are immunised from challenge on grounds of violation of FRs — courts cannot examine whether they violate FRs.

I.R. Coelho v. State of Tamil Nadu 2007 (9-judge bench): Laws added to 9th Schedule after April 24, 1973 (date of Kesavananda Bharati judgment) can be challenged if they violate the basic structure of the Constitution, including the fundamental rights that form part of the basic structure. This partially opens up 9th Schedule to judicial review.

12.3 Article 31C — Saving Laws Implementing DPSP

Added by 25th Amendment 1971. Any law giving effect to the policy of the State towards securing DPSP under Art. 39(b) (adequate means of livelihood) and Art. 39(c) (prevention of concentration of wealth) shall NOT be void on grounds of inconsistency with Arts. 14 or 19.

• Kesavananda Bharati 1973: Upheld Art. 31C for Arts. 39(b) and (c) only; struck down the part that excluded judicial review of whether the law actually implements these DPSPs
• 42nd Amendment 1976: Extended Art. 31C to all DPSPs (not just Arts. 39(b)(c))
• Minerva Mills v. Union of India 1980: SC struck down the 42nd Amendment extension — Art. 31C as extended violates basic structure by destroying the balance between FRs and DPSPs; Art. 31C restored to its Kesavananda Bharati position (only Arts. 39(b)(c))

13. Rights Outside Part III

Not all constitutional rights are in Part III (Fundamental Rights). Several important rights lie outside Part III:

Importance: Rights outside Part III cannot be enforced under Art. 32 (which is specifically for FRs). They must be enforced through Art. 226 (HC writ jurisdiction) or ordinary civil courts. Since they are not FRs, they can also be abridged by ordinary legislation without the same constitutional scrutiny level as FRs.

14. Suspension of Fundamental Rights During Emergency

15. Current Affairs 2024–26

• Digital Personal Data Protection Act 2023: Implements K.S. Puttaswamy's right to privacy; establishes Data Protection Board; gives data principals rights (access, correction, erasure); "deemed consent" and "legitimate uses" provisions criticised; compliance deadline 2025
• Bulldozer demolitions (2024): SC bench (Oct-Nov 2024) issued comprehensive guidelines — state governments cannot demolish homes as punishment for criminal allegations; due process under Art. 21 mandatory before demolition; notice, hearing, reasoned order required; states violating guidelines face contempt
• Electoral Bonds judgment (Feb 2024): SC (5-0) struck down Electoral Bonds Scheme as unconstitutional — violates Art. 19(1)(a) (right to information/know); anonymous donations to political parties undermine democratic accountability; donors and amounts to be disclosed
• Section 69A IT Act — X (Twitter) case 2024: SC examining scope of government's power to block content on social media; Art. 19(1)(a) vs Art. 19(2); transparency of blocking orders
• UAPA and bail (2023-24): SC in multiple cases (Zubair, Kappan, Bhima Koregaon accused) held that prolonged incarceration pending trial violates Art. 21; bail cannot be indefinitely denied just because UAPA conditions are stringent — Art. 21 prevails
• Manual scavenging (2024): SC directed complete eradication; invoked Art. 17, 21, 23; strict liability on local bodies; compensation Rs. 30 lakh for deaths in sewer cleaning
• Transgender Persons Act 2019 implementation (2024): SC monitoring NALSA 2014 compliance; welfare boards, ID cards, medical facilities for transgender persons as per Art. 21
• Hate Speech and social media (2024): SC and government examining IT intermediary rules; balance between Art. 19(1)(a) and protection of minorities under Arts. 15, 21
• EWS reservation upheld (2022 — recent): Janhit Abhiyan judgment — 103rd Amendment's 10% EWS reservation valid; does not violate basic structure; 50% ceiling can be exceeded for EWS (not OBC)

16. Prelims PYQs

17. Mains PYQs

18. Quick Revision — Fundamental Rights (Arts. 12–35)