FUNDAMENTAL RIGHTS

INTRODUCTION 

Fundamental Rights are the cornerstone of the Indian Constitution. They represent the essential freedoms and guarantees that every individual needs to live a life of dignity, equality, and justice. Inspired by the Universal Declaration of Human Rights and the Constitution of the USA (Bill of Rights), adapted to India’s unique social fabric, these rights ensure that the State does not become tyrannical and that citizens are protected against arbitrary actions.

Placed under Part III (Articles 12 to 35) of the Constitution, Fundamental Rights are enforceable by the courts and are considered justiciable. They are meant for promoting the ideal of political democracy. They are not only legal guarantees but also reflect the moral vision of the Constitution-makers—to build an India that is democratic, inclusive, and respectful of individual liberty.

CONCEPT EXPLANATION

What are Fundamental Rights?

Fundamental Rights are the basic rights guaranteed to all individuals in India by the Constitution. They protect our freedom, ensure equality, and uphold human dignity.

These rights are called “fundamental” because:

• They are essential for a person’s all-round development.
• They are justiciable – you can go to court if your rights are violated.
  

Where are they in the Constitution?

• Part III of the Constitution (Articles 12 to 35)
• Known as the “Magna Carta” of the Indian Constitution
  

How many types of Fundamental Rights are there? 

There are 6 types :

Can they be limited or taken away?

• Some rights can be restricted during emergencies.
• Parliament can also amend them, but basic structure cannot be destroyed (as per Kesavananda Bharati case).
  

Articles 12 & 13

Articles 12 and 13 lay the foundation for the enforcement of Fundamental Rights. Article 12 defines who is considered the “State” and can be held accountable. Article 13 makes it clear that laws violating Fundamental Rights are void, ensuring the supremacy of the Constitution.

ARTICLE 12DEFINITION OF STATE(even a private body or an agency working as an instrument of the State falls within the meaning of the ‘State’ under Article 12)

Article 12 has defined the term for the purposes of Part IIIState includes- executive and legislative organs of the Union government; executive and legislative organs of state government; All local authorities, that is, municipalities, panchayats, district boards, improvement trusts; All other authorities, that is, statutory or non-statutory authorities like LIC, ONGC, SAIL, etc

ARTICLE 13LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS

Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void (provides for the doctrine of judicial review)Term ‘law’ in Article 13 : Permanent laws enacted by center and state; temporary ordinance by president; Statutory instruments of delegated legislation (executive legislation) like order;The Supreme Court held in the Kesavananda Bharati case (1973) that a Constitutional amendment can be challenged on the ground that it violates a fundamental right that forms a part of the ‘basic structure’ of the Constitution and hence, can be declared as void.

RIGHT TO EQUALITY (Art. 14 – 18)

The Right to Equality guarantees that all individuals are treated equally before the law and enjoy equal protection, regardless of caste, religion, gender, or background. It promotes fairness, prevents discrimination, and ensures equal access to opportunities in a democratic society.

Article 14 – Equality Before Law & Equal Protection of Laws

Article 14 of the Indian Constitution states that “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”

This Article forms the bedrock of the rule of law in India and applies to all persons—citizens and foreigners alike.

1. Equality Before Law – British Origin (Negative Concept)

• Derived from British legal tradition and part of A.V. Dicey’s Rule of Law.
• It implies:

1. No special privileges for any individual.
2. Equal subjection of all persons to ordinary law and courts.
3. No one is above the law.

• The Supreme Court has declared this principle a basic feature of the Constitution.
• Note: In the UK, courts define rights; in India, the Constitution is the source of rights.
  

2. Equal Protection of Laws – American Origin (Positive Concept)

• Taken from the U.S. Constitution, this ensures:

1. Equal treatment of individuals in similar conditions.
2. Equal application of the same laws.
3. No arbitrary discrimination—like should be treated alike.

3. Exceptions to Equality

The rule of equality is not absolute. Certain individuals enjoy special privileges under the Constitution and international law:

• President & Governors – immunity from legal proceedings during tenure
• MPs & MLAs – protection for statements made in the House
• Foreign diplomats – immunity under international conventions
  

Article 15 – Prohibition of Discrimination

Article 15 ensures that no citizen shall face discrimination by the State on grounds only of religion, race, caste, sex, or place of birth.

1. Meaning & Scope

• The use of the word “only” implies that discrimination is prohibited only if based exclusively on these grounds.
• This means differential treatment is not unconstitutional if based on other valid considerations (e.g. residence, age, profession).
  

2. Public Access to State-Funded Facilities

• No citizen shall be denied access to public spaces like shops, restaurants, tanks, wells, roads, etc., if they are maintained wholly or partly by State funds
• This applies to both State actions and private individuals managing such spaces.
  

3. Permissible Exceptions (Positive Discrimination)

The Constitution allows the State to make special provisions for the upliftment of certain groups:

Group	Purpose
Women and Children	Protective and welfare-based provisions
Socially & Educationally Backward Classes	Reservation in educational institutions
Scheduled Castes & Scheduled Tribes (SC/ST)	Special protections and benefits
Economically Weaker Sections (EWS) (via 103rd Amendment)	Up to 10% reservation in education & public employment

Article 16 – Equality of Opportunity in Public Employment

Article 16 guarantees that every citizen shall have equal opportunity in matters related to public employment or appointment to any office under the State.

1. Core Principle

• No discrimination in public jobs on grounds only of:
  Religion, Race, Caste, Sex, Descent, Place of Birth, or Residence.
  

2. Key Exceptions (Permissible Provisions)

Clause	What It Allows
16(3)	Parliament can allow ‘residence’ as a condition for certain jobs in a State/UT/local body. (For regional balance)
16(4)	Reservation in favour of backward classes who are not adequately represented in State services.
16(4A)	Reservation in promotions for SCs and STs. (Added by 77th Amendment, 1995)
16(6)	103rd Constitutional Amendment Act (2019): Introduced 10% reservation for Economically Weaker Sections (EWS) in government jobs and education (excluding SC/ST/OBC categories).

Article 17 – Abolition of Untouchability

Abolishes “untouchability” and forbids its practice in any form.

• Declares any disability arising out of untouchability as an offence punishable by law.
• Protection of Civil Rights Act, 1955 was enacted to enforce Article 17.
• The term “untouchability” is not defined in the Constitution or in the Act.
• However, it is understood to mean social exclusion based on caste.
• The Supreme Court has clarified that this right is enforceable even against private individuals, not just the State.
  

Article 18 – Abolition of Titles

Purpose: To ensure social equality and prevent aristocratic distinctions in a democratic society.

1. No Titles from the State: The State cannot confer any titles (except for military or academic distinctions) on any person, whether citizen or foreigner.
2. No Foreign Titles for Citizens: Indian citizens are prohibited from accepting titles from any foreign State.
3. Foreigners in Indian Service: A foreigner working under the Indian State cannot accept a foreign title without the President’s consent.
4. No Gifts or Positions from Foreign States: Citizens and foreigners holding any office of profit or trust under the Indian State cannot accept:
   

• Presents
• Salaries (emoluments)
• Offices/positions

 from foreign States without Presidential approval.

Clarification by Supreme Court:The Supreme Court upheld the constitutional validity of National Awards like: Bharat RatnaPadma VibhushanPadma BhushanPadma Shri Condition: These awards do not carry titles and should not be used as honorific prefixes, e.g., Padma Shri X.

RIGHT TO FREEDOM (Article 19 – 22)

The Right to Freedom guarantees the essential liberties that form the core of a democratic life. It empowers individuals to express themselves, move freely, and live with dignity while ensuring protection from arbitrary arrest and detention. Spread across Articles 19 to 22, it balances individual liberty with reasonable restrictions in the interest of public order and national security.

Article 19 – Protection of Certain Rights Regarding Freedom

Article 19(1) guarantees six fundamental freedoms to citizens of India—these are essential for a democratic and dignified life.

Six Freedoms under Article 19(1):

Clause	Freedom
(a)	Freedom of Speech and Expression – Right to express one’s views freely
(b)	Freedom to Assemble Peaceably and Without Arms – Right to protest or hold meetings
(c)	Freedom to Form Associations or Unions – Right to join or create organizations or unions
(d)	Freedom to Move Freely throughout India
(e)	Freedom to Reside and Settle in any part of India
(g)	Freedom to Practise Any Profession or Carry on Any Occupation, Trade or Business

NOTE : Clause (f) — Right to acquire, hold and dispose of property was deleted by the 44th Amendment Act of 1978.

Rights are not absolute, they are subjected to reasonable restrictions. Article 19(2) allows the State to impose these restrictions on the freedom of speech and expression in the interest of sovereignty, security, public order, morality, defamation, and other specified grounds. It ensures that free speech is balanced with national interest and social responsibility.

Reasonable Restrictions (Clauses 2–6):

Freedom	Grounds for Restriction
(a) Speech & Expression	Sovereignty & Integrity of India, Security of the State, Public Order, Decency or Morality, Contempt of Court, Defamation, Incitement to Offence, Friendly relations with foreign States
(b) Assembly	Sovereignty & Integrity of India, Public Order
(c) Association	Sovereignty & Integrity of India, Public Order, Morality
(d) Movement	General Public Interest, Protection of Scheduled Tribes
(e) Residence	General Public Interest, Protection of Scheduled Tribes
(g) Profession/Trade	General Public Interest, Technical Qualifications, State Monopoly in Business

Special Provisions under 19(6):

• State can prescribe qualifications for professions (e.g. lawyer, doctor).
• State can run trade/industries exclusively, barring private entry (e.g. railways).
  

Article 20 – Protection in Respect of Conviction for Offences

Article 20 provides safeguards to individuals accused of crimes, ensuring they are protected from arbitrary and unfair punishment. It applies to citizens, foreigners, and even legal entities (like companies).

1. No Ex-Post-Facto Law [Article 20(1)]

• A person cannot be:
  • Convicted for an act that was not a crime when it was committed.
  • Punished more severely than what the law allowed at the time of the offence.
• Applies only to criminal laws, not civil or tax laws.
  

2. No Double Jeopardy [Article 20(2)]

• No person shall be prosecuted and punished twice for the same offence.
• Applies only in judicial proceedings, not in administrative or departmental actions.
• Based on the legal maxim: “Nemo debet bis vexari pro eadem causa” – No one should be punished twice for the same cause.
  

3. No Self-Incrimination [Article 20(3)]

• An accused cannot be forced to testify against oneself.
• Protects both oral and documentary evidence.
• Does not cover:
  • Compulsory production of physical evidence/material objects
  • Thumb impressions, handwriting samples, blood tests
• Applies only to criminal proceedings, not civil cases

Article 21 – Protection of Life and Personal Liberty

Text: “No person shall be deprived of his life or personal liberty except according to procedure established by law.”

Article 21 is one of the most expansively interpreted and judicially enriched provisions of the Constitution. It applies to citizens and non-citizens alike and has become the foundation of many derived rights in India.

Key Judicial Interpretations:

1. A.K. Gopalan Case (1950) — Narrow Interpretation

• Protection under Article 21 was held to be only against arbitrary executive action, not legislative action.
• “Procedure established by law” meant any law passed by the legislature, even   if unfair.
  

2. Maneka Gandhi Case (1978) — Wider Interpretation

• Overruled Gopalan.
• Held that the procedure must be just, fair, and reasonable—thus introducing the American concept of “due process of law.”
• Expanded the scope of personal liberty and opened the door for new fundamental rights.
  

Expanded Meaning of “Right to Life”:The Supreme Court has interpreted “life” to mean more than mere survival—it includes a life with dignity and several derived rights:Derived RightRecognised InRight to PrivacyJustice K.S. Puttaswamy v. Union of India (2017) – UPSC 2018Right to MarryRecognised under Article 21 – UPSC 2019Right to Livelihood, Education, Health, Clean Environment, ShelterRecognised through various judgments over time

Article 21A – Right to Education

The State shall provide free and compulsory education to all children aged 6 to 14 years in such manner as the State may, by law, determine.

Constitutional Integration by the 86th CA Act 2002 : ProvisionRoleArticle 21A (Fundamental Right)Makes education a justiciable right for children aged 6–14Article 45 (DPSP)Recast to promote early childhood care and education below age 6Article 51A(k) (Fundamental Duty)Mandates parents/guardians to provide education to their children aged 6–14

Article 22 – Protection Against Arrest and Detention

Article 22 provides specific safeguards for individuals who are arrested or detained, whether under punitive or preventive grounds.

Two Types of Detention:

Type	Meaning
Punitive Detention	Detention after a crime is committed, followed by trial and conviction.
Preventive Detention	Detention without trial, to prevent a person from committing a possible offence in the future.

Safeguards for Punitive Detention:

Available to all arrested persons except enemy aliens and those under preventive detention:

• Right to be informed of the reason for arrest.
• Right to consult and be defended by a legal practitioner of choice.
• Right to be produced before a magistrate within 24 hours (excluding travel time).
• No detention beyond 24 hours without the magistrate’s permission.
  

Safeguards for Preventive Detention:

Preventive detention is allowed under Article 22(3)–(7) but with strict conditions:

1. Detention > 3 months requires review by an Advisory Board (includes a High Court judge).
2. Detention can continue only if the Board approves further detention.
3. Grounds of detention must be communicated to the detenu as soon as possible.
4. The detenu must be given an opportunity to represent against the detention.

Note : Parliament and State Legislative Assemblies concurrently make laws on preventive detention.

Right Against Exploitation (Articles 23 & 24) 

This right seeks to protect human dignity by prohibiting all forms of forced labour, human trafficking, and child exploitation.

Articles 23 and 24 safeguard individuals, especially the vulnerable, from being treated as commodities or tools of economic gain.

Article 23 – Prohibition of Trafficking and Forced Labour

Objective: To uphold human dignity by banning exploitative practices that treat people as commodities or instruments of labour.

What are the key provisions?

It prohibits :

• Human Trafficking 
• Begar (forced labour without payment)
• Other similar forms of forced labour and exploitation 

It applies to : 

• Both citizens and non-citizens
• Protects individuals against both the State and private persons
  

However, there are some exceptions :

•  The State can impose compulsory service for public purposes, e.g., military service, disaster relief, or social service
• But such service must not discriminate on grounds of religion, race, caste, or class

Legal Backing for Article 23 : Enforced through laws like the Bonded Labour System (Abolition) Act, 1976 and Immoral Traffic (Prevention) Act, 1956

Article 24 – Prohibition of Child Labour in Hazardous Jobs

Objective: To protect children from physical and mental exploitation by banning hazardous child labour.

What are its key provisions?

It prohibits the employment of children below 14 years in :

• Factories
• Mines 
• Any other hazardous employment

Scope & Limitations:

• This Article applies to both the State and private individuals.
• It does not prohibit children from working in non-hazardous or family-based occupations considered innocent in nature (e.g. helping parents in agriculture).

Legal Backing:Enforced through the Child Labour (Prohibition and Regulation) Act, 1986, amended in 2016, which:Prohibits all employment of children under 14 in any occupation (with limited exceptions)Bans hazardous work for adolescents (14–18 years)

Right to Freedom of Religion (Articles 25–28)

Articles 25 to 28 guarantee the freedom of conscience and the right to profess, practise, and propagate religion in India. These rights aim to uphold secularism by ensuring that individuals can follow their beliefs freely, while also allowing the State to regulate religious practices in the interest of public order, morality, and health.

Article 25 – Freedom of Conscience and Free Profession, Practice and Propagation of Religion

(Individual-Centric Right)

Objective: To uphold the individual’s freedom of belief and religious expression in a secular State.

This grants all persons the right to:

• Freedom of conscience – inner freedom to believe in any religion or none
• Right to profess – openly declare one’s faith
• Right to practice – perform religious rituals and customs
• Right to propagate – explain and spread one’s religion to others
  

Scope and Limitations :

• Available to both citizens and non-citizens
• Subject to public order, morality, and health
• The right to propagate DOES NOT include the right to forcibly convert another person (Rev. Stanislaus v. State of M.P., 1977 case)

Article 26 – Freedom to Manage Religious Affairs

(Group-Centric Right)

Objective: To ensure that religious denominations or sects have autonomy in managing their religious institutions and affairs.

Key Rights under Article 26:

Subject to public order, morality, and health, every religious denomination or section thereof has the right to:

1. Establish & maintain institutions for religious and charitable purposes
2. Manage its own religious affairs (internal rituals, customs, governance
3. Own and acquire movable and immovable property
4. Administer such property, but in accordance with law
   

Scope & Condition for the Right :

• This right is available to religious groups, not individuals
• Denominations must have a common faith, name, organization (e.g., Ramakrishna Mission)
  

Article 27 – Freedom from Taxation for Promotion of a Religion

Objective: To uphold secularism by preventing the use of public funds for religious promotion.

What are the key provisions and implications of this right?

• No person can be forced to pay any tax whose proceeds are used to promote or maintain any particular religion or religious denomination.
• The State cannot use taxpayer money for funding religious activities or institutions.
• Ensures a separation of State and religion in financial matters.

Exception: Fee vs TaxTax (compulsory contribution for public purposes) cannot be used for religious promotion. However, the State can charge a fee for services (e.g., regulating a religious endowment) as it is not a tax.

Article 28 – Freedom from Religious Instruction in State-Funded Institutions

Objective: To maintain secular character in education funded by the State.

What are the key provisions and implications of this right?

• No religious instruction shall be imparted in educational institutions wholly funded by the State.
• Ensures that students are not forced to receive religious education in fully State-funded schools.
• Balances secularism with respect for pre-existing religious endowments.
• No student in a State-recognised or State-aided school/college can be forced to attend religious classes or worship, unless they or their guardian (if a minor) give consent.
  

However, there is an exception :
This restriction does not apply to institutions that are administered by the State, but are established under a trust or endowment which specifically requires religious teaching.

Cultural and Educational Rights (Articles 29–30) – Introduction

Articles 29 and 30 protect the rights of minorities to preserve their language, script, culture, and establish and manage their own educational institutions. These provisions uphold India’s cultural diversity and ensure inclusive education in a pluralistic society.

Article 29 – Protection of Interests of Minorities

Objective: To safeguard the cultural identity and educational access of groups with a distinct language, script, or culture.

Key Provisions:

1. Cultural Rights (Clause 1):
   • Any section of citizens (not just minorities) with a distinct language, script, or culture has the right to conserve it.
   • This applies to both minorities and majorities.
     
2. Educational Access (Clause 2):
   • No citizen can be denied admission to a State-run or State-aided educational institution on the basis of religion, race, caste, or language.
     

Article 30 – Educational Rights of Minorities

Objective: To protect the educational and cultural autonomy of minorities in India.

What are the key provisions of this right?

1. Right to Establish & Administer Institutions:
   • Religious or linguistic minorities have the right to establish and run educational institutions of their choice.
   • This right is exclusive to minorities—not available to the majority community.
     
2. Protection During Property Acquisition:
   • In case of compulsory acquisition of the property of a minority institution, the compensation must not restrict their rights to manage and run the institution.
   • Inserted by the 44th Constitutional Amendment Act, 1978.

Note : The term “minority” is not defined in the Constitution. Its interpretation is based on language or religion and determined State-wise (as per SC judgment in TMA Pai Foundation case, 2002).

Right to Property – Article 31 (Now Article 300-A)Originally a Fundamental Right under Article 19(1)(f) and Article 31.44th Constitutional Amendment Act, 1978:Deleted Article 19(1)(f)Shifted the property protection clause to Article 300-AResult:Right to property is now a constitutional/legal right, not a fundamental right.No direct access to the Supreme Court under Article 32 for property disputes.

Exceptions to Fundamental Rights – Articles 31A, 31B, 31C

These provisions allow certain laws to override Fundamental Rights, especially in the context of socio-economic reform.

Article 31A – Saving of Laws for Land and Economic Reforms

Protects laws related to :

• Agrarian reforms
• Abolition of zamindari 
• Acquisition of estates by the State.

Basically, permits the State to acquire private property for public purposes (e.g. land redistribution).

Article 31B – Ninth Schedule Protection

• Validates laws placed in the Ninth Schedule (even if they violate FRs).
• Created by First Amendment (1951).
• I.R. Coelho v. State of Tamil Nadu (2007):
  • Struck down blanket immunity.
  • Any law placed in the Ninth Schedule after 24 April 1973 is open to judicial review if it violates basic structure.
    

Article 31C – Saving of Laws Implementing Certain DPSPs

• Protects laws enacted to implement DPSPs under Article 39(b) & (c) (i.e., equitable distribution of resources and prevention of concentration of wealth).
• Two Provisions:
  1. Such laws cannot be challenged for violating Fundamental Rights.
  2. (Struck down) – Declaration that a law gives effect to 39(b)/(c) cannot be questioned in court.
     • Kesavananda Bharati Case (1973): Second provision declared unconstitutional and void.
       

Right to Constitutional Remedies (Article 32) 

Article 32 empowers individuals to directly approach the Supreme Court for the enforcement of Fundamental Rights.

Described by Dr. B.R. Ambedkar as the “heart and soul” of the Constitution, it ensures that Fundamental Rights are not just theoretical, but legally enforceable against State action.

Objective: To provide a guaranteed legal remedy for the enforcement of Fundamental Rights by allowing individuals to approach the Supreme Court directly.

Key Features:

• Article 32 empowers the Supreme Court to issue writs, directions, and orders for enforcing Fundamental Rights.
• Exclusively for enforcement of Fundamental Rights—not for other legal rights.

Note :Parliament may empower other courts (e.g., High Courts) to also issue writs for FR enforcement.Recognised as a Basic Feature of the Constitution (L. Chandra Kumar case, 1997)—cannot be taken away even by constitutional amendment.During a National Emergency, the President can suspend the right to move any court for FRs enforcement under Article 359 (except for Articles 20 and 21 as per the 44th Amendment).

Writ Jurisdiction: Supreme Court vs High Court

Criteria	Supreme Court (Article 32)	High Court (Article 226)
Scope	Can issue writs only for enforcement of Fundamental Rights	Can issue writs for Fundamental Rights and other legal rights
Nature	Narrower jurisdiction (limited to FR enforcement)	Wider jurisdiction (FR + legal/statutory rights)
Territorial Reach	Can issue writs across India	Writs apply only within territorial jurisdiction of the HC
Enforceability	Article 32 is itself a Fundamental Right—SC cannot refuse to entertain a writ petition	Article 226 is discretionary—HC may refuse to exercise jurisdiction
Purpose	Guarantees a direct remedy for breach of FRs	Provides a broader remedy for rights violations (including FRs and legal rights)

Writs under Articles 32 and 226 – Types & Scope

Writ	Meaning	Purpose	Can Be Issued Against	Cannot Be Issued Against
Habeas Corpus	“To have the body”	To release a person unlawfully detained	Public authorities, even private individuals	Lawful detention, contempt, court martial
Mandamus	“We command”	To compel public officials to perform their legal duty	Public bodies, govt departments, tribunals	Private individuals, President, CJI
Prohibition	“To forbid”	To stop a lower court or tribunal from acting beyond its powers (preventive)	Judicial and quasi-judicial bodies	Administrative/legislative bodies, private entities
Certiorari	“To be certified”	To quash an order or transfer a case from lower court/tribunal (curative + preventive)	Judicial, quasi-judicial, and some administrative bodies	Purely legislative or private bodies
Quo-Warranto	“By what authority?”	To challenge illegal occupation of a public office	Any person holding a public, statutory office	Private or ministerial posts, non-statutory roles

Armed Forces and Fundamental Rights (Articles 33–35) 

Articles 33 to 35 empower Parliament to limit or modify Fundamental Rights in the interest of national security, discipline, and public order. These provisions ensure that operational effectiveness of armed forces and enforcement of constitutional laws remain intact, even if it requires reasonable restrictions on individual liberties.

Article 33 – Restriction of Fundamental Rights for Armed Forces

Objective: To ensure discipline and proper discharge of duties in sensitive services.

• Parliament can restrict or abolish Fundamental Rights of:
  • Armed Forces
  • Paramilitary Forces
  • Police Forces
  • Intelligence agencies
  • Forces responsible for maintaining public order
    
• Also allows:
  Exclusion of Court Martial proceedings from the writ jurisdiction of the Supreme Court and High Courts (under Article 32 and 226).
  

Article 34 – Restrictions on Fundamental Rights During Martial Law

When Martial Law is in force in any part of the territory of India, Parliament may:

• Indemnify (i.e., legally protect) individuals in the armed forces or government who take actions to restore order.
• Provide restrictions on Fundamental Rights in such areas to maintain public order and national security.
  

However, the Supreme Court has clarified that:

• Declaration of martial law does not automatically suspend Fundamental Rights, including the writ of habeas corpus.
  

Article 35 – Exclusive Power of Parliament to Make Laws for Certain Fundamental Rights

Article 35 states that only the Parliament — not state legislatures — has the power to make laws for:

• Giving effect to certain specified Fundamental Rights, particularly those requiring uniformity across the country.
• Prescribing punishments for acts that violate such rights.
  

Legal Rights Outside Part III of the Constitution

Article	Part	Provision	Nature of Right
Article 265	Part XII	No tax shall be levied or collected except by authority of law	Legal Right related to taxation
Article 300A	Part XII	No person shall be deprived of his property except by authority of law	Legal Right to property (formerly a Fundamental Right)
Article 301	Part XIII	Trade, commerce, and intercourse throughout the territory of India shall be free	Legal Right ensuring economic freedom
Article 326	Part XV	Elections to the House of the People and State Legislative Assemblies shall be on the basis of universal adult suffrage	Legal Right to vote (not a Fundamental Right)