🇮🇳 Part III – Fundamental Rights (Articles 12 to 35)

📘 Article 12 – Definition of “State”

🔹 What is Article 12?

Defines “the State” for the purpose of enforcing Fundamental Rights.

🔹 Includes:

1. Central & State Governments (Executive & Legislature)
2. Local Authorities (e.g., Municipalities, Panchayats)
3. Other Authorities (Statutory bodies, PSUs, Govt-funded institutions)

❓ Judiciary as “State”?

• NOT a State when performing judicial functions.
• IS a State when performing administrative or non-judicial functions (e.g., recruitment).

⚖️ Landmark Cases:

Case	Judgment
Rajasthan SEB v. Mohan Lal (1967)	Statutory authority = State
Ajay Hasia v. Khalid Mujib (1981)	Gave 5-point test for “other authority”
Zee Telefilms v. Union (2005)	BCCI not a State (no deep govt control)
Pradeep Kumar Biswas (2002)	CSIR = State (govt control + funding)

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⚖️ Judicial Review

🤔 What is it?

Power of judiciary to review laws or executive actions and declare them unconstitutional if they violate the Constitution

🔹 Not expressly mentioned but inferred from:

• Article 13 – void laws
• Article 32 – Supreme Court writs
• Article 226 – High Court writs

🌎 Origin: Marbury v. Madison (1803, USA)

• First ever judicial review case
• Declared that courts decide constitutionality of laws

⚖️ Landmark Indian Cases:

Case	Importance
A.K. Gopalan (1950)	Narrow view of personal liberty
Golaknath (1967)	Amendments can be reviewed
Kesavananda Bharati (1973)	Judicial review = Basic Structure
Minerva Mills (1980)	Reinforced limited power of Parliament
L. Chandra Kumar (1997)	Articles 32 & 226 = Basic Structure

👉 Judicial Review Types:

• Legislative Review
• Executive Review
• Constitutional Amendment Review

📘 Article 14 – Right to Equality

“Equality before law” + “Equal protection of laws” – for all persons (not just citizens)

🔹 Doctrine of Reasonable Classification:

1. Intelligible differentia
2. Rational nexus with object of law

❗ Exceptions to Article 14:

• President/Governor immunity – Art. 361
• Foreign diplomats – Vienna Convention
• Protective discrimination – Women, SC/ST, OBC, etc.
• Armed Forces – Art. 33
• Martial Law – Art. 34
• 9th Schedule (post-2007 reviewable)

⚖️ Key Cases:

Case	Takeaway
E.P. Royappa (1974)	Arbitrariness = violation of equality
Indra Sawhney (1992)	Reservation = reasonable classification
I.R. Coelho (2007)	9th Schedule laws can be reviewed

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🔹 Rights Available Only to Citizens

Article	Right
15	Non-discrimination by State
16	Equality in public employment
18(2)	No foreign titles
19	6 freedoms
29(1)	Protection of culture (to citizens)
30	Minority education institutions (citizens only)

Article 15

Article 15 is part of the Right to Equality (Articles 14–18) and specifically aims to eliminate discrimination in society. It upholds the idea of a liberal, secular, and inclusive democracy.

Keyword: Substantive Equality – It not only prohibits discrimination but also allows positive discrimination (affirmative action) to uplift the weaker sections.

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🧑‍⚖️ Applicable To

• Only citizens (unlike Article 14 which applies to all persons – citizens + foreigners)
• Primarily addresses actions of the State, but clause (2) also applies to private individuals or institutions

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🧩 Clause-wise Explanation of Article 15

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🔹 Article 15(1) – Absolute Prohibition on State Discrimination

“The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth.”

✅ This means:

• The State cannot show preferential or restrictive treatment based solely on these five grounds.
• Example: A state-run college cannot deny admission to someone for being a woman or Dalit.

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🔹 Article 15(2) – No Restriction in Public Spaces

Prohibits both State and private individuals from restricting access to:

• Shops
• Public restaurants
• Hotels
• Places of public entertainment
• Wells, tanks, roads, and public places maintained wholly or partly by State funds or dedicated for public use

🧠 Purpose: To ensure equal access to public spaces, especially against caste-based exclusion.

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🔹 Article 15(3) – Special Provisions for Women and Children (Exception to 15(1))

“Nothing in this article shall prevent the State from making any special provision for women and children.”

✅ Affirmative Action is allowed:

• Reservation for women in panchayats (under Article 243D)
• Special hostels, coaching for girl students
• Free education for children (also under Article 21A)

🧠 Important Case:

• Yusuf Abdul Aziz v. State of Bombay (1954) – Section 497 IPC (Adultery) upheld because special laws for women are constitutionally allowed under Article 15(3)

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🔹 Article 15(4) – Special Provisions for Socially and Educationally Backward Classes (SEBCs), SCs & STs (Added by 1st Constitutional Amendment, 1951)

“Nothing… shall prevent the State from making special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.”

✅ This enabled reservations in education and scholarships for SEBCs, SCs, and STs.

🧠 Important Case:

• State of Madras v. Champakam Dorairajan (1951) – Led to this amendment. SC struck down caste-based reservation in college, prompting Parliament to amend the Constitution.

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🔹 Article 15(5) – Reservation in Educational Institutions (Added by 93rd Amendment, 2005)

Allows State to reserve seats in private educational institutions (except minority-run) for:

• SEBCs
• SCs
• STs

🧠 Key Points:

• Applies to unaided private institutions
• Does not apply to minority institutions protected under Article 30(1)

✅ Basis for OBC reservation in central institutions like IITs, IIMs.

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🔹 Article 15(6) – 10% EWS Quota (Added by 103rd Amendment, 2019)

Allows special provisions for Economically Weaker Sections (EWS) of citizens not covered under SC/ST/OBC quotas.

✅ Includes:

• Reservation in education and public employment
• Up to 10% of seats in addition to existing reservations

🧠 Important Case:

• Janhit Abhiyan v. Union of India (2022) – Supreme Court upheld the EWS reservation, stating that it does not violate the basic structure.

Article 16

Article 16 is part of the Right to Equality (Articles 14 to 18) and specifically provides for equality of opportunity in matters related to public employment or appointment to any office under the State.

🧠 It flows from Article 14 (Equality before law) but focuses particularly on jobs in the public sector.

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🧑 Applicable To:

• Only citizens
• Applies to public employment only, not private sector jobs

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🧩 Clause-wise Breakdown

🔹 Article 16(1) – Equality of Opportunity

“There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.”

✅ No one shall be denied consideration for a public job if they are otherwise eligible.

🧠 Example:

• If a competitive exam is open for all graduates, any citizen can apply regardless of religion, caste, or gender.

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🔹 Article 16(2) – Prohibition of Discrimination

“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.”

🚫 Discrimination is prohibited on these grounds for:

• Recruitment
• Promotion
• Training
• Termination

🧠 Important Point: ‘Descent’ = Hereditary status (e.g., caste).

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🔹 Article 16(3) – Parliament Can Prescribe Residence Requirements

“Nothing… shall prevent Parliament from making a law prescribing, in regard to a class or classes of employment or appointment… any requirement as to residence within that State or Union territory.”

✅ Enables domicile/residence-based reservation, especially for:

• Jobs in hill areas
• Local cadres in Telangana, Himachal, etc.

🧠 Example Law:

• Article 371D for Andhra Pradesh

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🔹 Article 16(4) – Reservation for Backward Classes

“Nothing… 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.”

✅ This enables reservations for SC, ST, and OBC in jobs.

🧠 Important Case:

• Indra Sawhney v. Union of India (1992) – Upheld OBC reservation and laid down the 50% ceiling rule.

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🔹 Article 16(4A) – Reservation in Promotion for SC/ST (Inserted by 77th Amendment, 1995)

“Nothing… shall prevent the State from making provision for reservation in promotion, with consequential seniority, for SCs and STs, if they are not adequately represented.”

✅ Applies only to SCs and STs, not OBCs.

🧠 Important Case:

• M. Nagaraj v. Union of India (2006) – Conditions for 16(4A) to be applied:
  • Prove backwardness
  • Prove inadequate representation
  • Prove efficiency of administration is not affected

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🔹 Article 16(4B) – Carry Forward Rule (Inserted by 81st Amendment, 2000)

“Unfilled reserved vacancies can be carried forward to next year… and not counted towards the 50% ceiling.”

✅ Helps fill backlog vacancies in SC/ST/OBC categories.

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⚖️ Summary Table of Clauses

Clause	Provision	Purpose
16(1)	Equal opportunity in public employment	General equality
16(2)	Prohibits discrimination on specific grounds	Negative restriction
16(3)	Parliament can prescribe residence requirement	For local jobs
16(4)	Reservation for backward classes	Enables affirmative action
16(4A)	Reservation in promotion for SC/ST	Post-entry support
16(4B)	Carry forward rule for unfilled vacancies	Avoids lapse of reservation quota

Article 19

Article 19 is one of the most important Fundamental Rights under Part III of the Constitution. It guarantees six freedoms to all citizens of India. These freedoms are essential for the development of an individual and for the functioning of a democratic state.

Keyword: Article 19 is a positive right, meaning the State is obligated to protect and ensure these freedoms.

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🧑 Applicable To

👉 Only citizens, not foreigners or legal entities (companies, firms).

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🔑 Original 7 Rights (Before 44th Amendment)

Originally, Article 19(1) guaranteed seven freedoms:

1. Freedom of speech and expression
2. Freedom to assemble peaceably and without arms
3. Freedom to form associations or unions or co-operative societies
4. Freedom to move freely throughout the territory of India
5. Freedom to reside and settle in any part of the territory of India
6. Freedom to practice any profession or to carry on any occupation, trade, or business
7. (Omitted) – Right to acquire, hold and dispose of property (deleted by 44th Amendment, 1978)

Now only six rights remain under Article 19.

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🧩 Clause-wise Explanation of Article 19

🔹 Article 19(1): The Six Freedoms

Clause	Freedom
(a)	Freedom of speech and expression
(b)	Freedom of peaceful assembly without arms
(c)	Freedom to form associations, unions, cooperative societies
(d)	Freedom to move freely throughout India
(e)	Freedom to reside and settle anywhere in India
(g)	Freedom to practice any profession or carry on any occupation, trade, or business

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⚖️ Article 19(2) to 19(6): Reasonable Restrictions

While these rights are fundamental, they are not absolute. The State can impose “reasonable restrictions” for various legitimate reasons.

📌 19(2) – Restrictions on Freedom of Speech & Expression

Allowed in the interests of:

• Sovereignty and integrity of India
• Security of the state
• Friendly relations with foreign states
• Public order
• Decency or morality
• Contempt of court
• Defamation
• Incitement to an offense

🧠 Important Case:

• Romesh Thappar v. State of Madras (1950) – Supreme Court said freedom of press is implied in Article 19(1)(a).
• Sakal Papers Ltd. v. Union of India (1962):
  👉 Restrictions on newspaper page limits are unconstitutional under Article 19(1)(a).
• Bennett Coleman & Co. v. Union of India (1973):
  👉 Limiting newsprint supply curtails press freedom and violates Article 19(1)(a).

🧑‍⚖️ Doctrine of Colourable Legislation

📌 Definition:

If the Constitution prohibits the legislature from doing something directly, the legislature cannot do it in a disguised or indirect manner. If it does, such legislation is “colourable” and liable to be struck down.

🔍 Key Phrase:

“You cannot do indirectly what you are not permitted to do directly.”

🏛️ Famous Case:

K.C. Gajapati Narayan Deo v. State of Orissa (1953)
👉 Supreme Court formally laid down the Doctrine of Colourable Legislation.

📘 Application in Freedom of Speech cases:

In cases like Sakal Papers, Bennett Coleman, and Indian Express, courts applied this doctrine to strike down laws that indirectly violated Article 19(1)(a).

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📌 19(3) – Restrictions on Right to Assemble

• Must be peaceable and unarmed
• State can restrict to maintain
  • 1. public order,
  • 2. sovereignty and integrity

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📌 19(4) – Restrictions on Forming Associations

• Can be restricted for
  • 1. public order,
  • 2. morality,
  • 3. sovereignty & integrity of India

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📌 19(5) – Restrictions on Movement and Residence

• Can be imposed in interest of
  • 1. public interest or
  • 2. protection of Scheduled Tribes

🧠 Example:

• Restrictions on non-tribals settling in tribal areas.
• lockdown in covid – public interest.
• curfew at the time of riots – public interest.

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📌 19(6) – Restrictions on Profession, Trade, and Business

• Reasonable restrictions in public interest
• State can make monopolies (Example: Government has monopoly in certain industries like atomic energy)

🧠 Example Case:

• State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat (2005) – Ban on cow slaughter was upheld.

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💡 Highlights of Article 19

• Only for citizens
• Rights are not absolute – subject to reasonable restrictions
• Restrictions must have legal backing, not arbitrary
• These rights form the core of a liberal democracy