FUNDAMENTAL RIGHTS-ARTICLE 14 TO 18 (PART 3)

INTRODUCTION

Fundamental rights are the basic human rights stated in the Constitution of India which are guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender, etc.

Fundamental Rights are enforceable by the courts, subject to certain conditions

ARTICLE 12 Definition

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. 

To read about what is State and union THE CONSTITUTION OF INDIA – PART 1

ARTICLE 13 Laws inconsistent with or in derogation of the fundamental rights

 (1) 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. 
(2) 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. 
(3) In this article, unless the context otherwise requires,—
 (a) “law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law; 
(b) “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or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368

There are six fundamental rights of the Indian Constitution.

1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Right to Equality (Article 14-18)

Article – 14 Equality before law.

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of
India.

Simply, Article 14 treats all people the same in the eyes of the law.

• This provision states that all citizens will be treated equally before the law. 
• The law of the country protects everybody equally.
• Under the same circumstances, the law will treat people in the same manner.

Article – 15 Prohibition of discrimination on the grounds of religion, race, caste, sex or place of birth

(1) The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. 
(2) 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.
(a) access to shops, public restaurants, hotels and places of public entertainment; or 
(b) 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. 
(3) Nothing in this article shall prevent the State from making any special provision for women and children. 
(4) 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. 
(5) 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.] 
(6) Nothing in this article or sub-clause (g) of clause (1) of article 19 or clause (2) of article 29 shall prevent the State from making,— 
(a) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5); and 
(b) any special provision for the advancement of any economically weaker sections of citizens other than the classes mentioned in clauses (4) and (5) 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, which in the case of reservation would be in addition to the existing reservations and subject to a maximum of ten percent. of the total seats in each category

Explanation.—For the purposes of this article and article 16, "economically weaker sections" shall be such as may be notified by the State from time to time on the basis of family income and other indicators of economic disadvantage.

Simply, This article prohibits discrimination in any manner.

• No citizen shall, on grounds only of race, religion, caste, place of birth, sex, or any of them, be subject to any liability, disability, restriction, or condition with respect to:
  • Access to public places
  • Use of tanks, wells, ghats, etc. that are maintained by the State or that are meant for the general public
• The article also mentions that special provisions can be made for women, children, and the backward classes notwithstanding this article.

Article-16 Equality of opportunity in matters of public employment

(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 favor 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 [in matters of promotion, with consequential seniority, to any class] or classes of posts in the services under the State in favor 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 percent. reservation on the total number of vacancies of that year.]
(5) Nothing in this article shall affect the operation of any law which provides that the incumbent of an office in connection with the affairs of any religious or denominational institution or any member of the governing body thereof shall be a person professing a particular religion or belonging to a particular denomination. 
(6) Nothing in this article shall prevent the State from making any provision for the reservation of appointments or posts in favour of any economically weaker sections of citizens other than the classes mentioned in clause (4), in addition to the existing reservation and subject to a maximum of ten per cent. of the posts in each category. 

Simply, Article 16 provides equal employment opportunities in State service for all citizens.

• No citizen shall be discriminated against in matters of public employment or appointment on the grounds of race, religion, caste, sex, place of birth, descent or residence.
• Exceptions to this can be made for providing special provisions for the backward classes.

Article – 17 Abolition of Untouchability

Article 17 prohibits the practice of untouchability.

1. Untouchability is abolished in all forms.
2. Any disability arising out of untouchability is made an offence.

Article – 18 Abolition of titles

1. The State shall not confer any titles except those which are academic or military titles.
2. The article also prohibits citizens of India from accepting any titles from a foreign State.
3. The article abolishes the titles that were awarded by the british empire such as Rai Bahadur, Khan Bahadur, etc.
4. Awards like Padma Shri, Padma Bhushan, Padma Vibhushan, Bharat Ratna, and military honors like Ashok Chakra, and Param Vir Chakra do not belong to this category.

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CITIZENSHIP-PART 2 THE CONSTITUTION OF INDIA

THE CONSTITUTION OF INDIA – PART 1