By LuNotes – your trusted for Lucknow University Semester exam notes, crafted with love. ❤️

✨ Fundamental Rights: Nature & Significance

🔹 Enshrined in Part III (Articles 12-35) of the Constitution.
🔹 Called the Magna Carta of India (inspired by England’s 1215 Magna Carta).
🔹 Guarantees civil liberties and ensures democratic governance.

🔸 List of Fundamental Rights

1. ✅ Right to Equality (Art. 14-18)

2. 🔟 Right to Freedom (Art. 19-22)

3. ❌ Right against Exploitation (Art. 23-24)

4. ⛪ Right to Freedom of Religion (Art. 25-28)

5. 🎓 Cultural & Educational Rights (Art. 29-30)

6. ⚖️ Right to Constitutional Remedies (Art. 32)

Note: Right to Property (Art. 31) was removed in 1978 (44th Amendment); now a legal right under Art. 300A.

🏛️ Judicial Protection & Enforcement

🔹 Art. 13: Laws violating FRs are void.
🔹 Art. 32 (Supreme Court) & Art. 226 (High Court): Can issue Writs:
→ Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto

🔹 Kesavananda Bharati Case (1973):
→ Constitutional Amendments can’t violate Basic Structure incl. Fundamental Rights.

📄 Key Features of Fundamental Rights

🔹 Guaranteed by the Constitution
🔹 Some rights for citizens only, others for all persons (incl. foreigners, companies)
🔹 Not Absolute: Subject to reasonable restrictions
🔹 Justiciable: Can be enforced by courts
🔹 Can be suspended during National Emergency (except Art. 20 & 21)
🔹 Application to armed forces can be restricted (Art. 33)
🔹 Can be restricted under Martial Law

🔴 Right to Equality (Art. 14-18)

✅ Art. 14: Equality before law & equal protection of laws
→ Applicable to all persons (citizens & foreigners)
→ Exceptions: President, Governor (Art. 361), MPs (Art. 105), diplomats

✅ Art. 15: No discrimination on grounds of religion, race, caste, sex or birthplace
→ Permissible Discrimination: For women, children, and backward classes

✅ Art. 16: Equality in public employment
→ Reservations allowed for backward classes, minorities

✅ Art. 17: Abolition of Untouchability (Punishable by law)

✅ Art. 18: Abolition of Titles
→ No titles except military/academic

🔵 Right to Freedom (Art. 19-22)

⭐ Article 19 – Six Freedoms (Citizens Only):

🔹 ✉ Freedom of speech & expression
🔹 ✉ Freedom to assemble peacefully (no arms)
🔹 ✉ Freedom to form associations or unions
🔹 ✉ Freedom to move freely in India
🔹 ✉ Freedom to reside & settle anywhere
🔹 ✉ Freedom to practise any profession/trade/business

❌ Restrictions for morality, security, sovereignty, public order

🔹 Article 20 – Protection in Conviction:

🔹 No ex post facto laws
🔹 No double jeopardy
🔹 No self-incrimination

🔹 Article 21 – Right to Life & Personal Liberty:

🔹 Not just animal existence → includes right to live with dignity

🔹 Article 21A – Right to Education (6–14 yrs)

→ Added by 86th Amendment (2002)

🔹 Article 22 – Protection against arrest/detention:

🔹 Right to know reason for arrest
🔹 Right to lawyer & to be presented before

a magistrate
🔹 Preventive detention: allowed but with safeguards

❌ Right against Exploitation (Art. 23-24)

🔹 Art. 23: Prohibits human trafficking, forced labour
🔹 Art. 24: Prohibits child labour in hazardous industries (below 14 years)

🔴 Right to Freedom of Religion (Art. 25–28)

✅ Art. 25: Freedom of conscience and free profession, practice, and propagation of religion → Available to all persons → Subject to public order, morality, health

✅ Art. 26: Freedom to manage religious affairs → Religious groups can establish institutions, manage property, and handle religious matters

✅ Art. 27: No compulsion to pay taxes for promoting or maintaining any particular religion

✅ Art. 28: No religious instruction in fully State-funded institutions → Allowed in aided/recognized schools only with consent

🎓 Cultural & Educational Rights (Art. 29-30)

🔹 Art. 29: Right to conserve language, script, culture
🔹 Art. 30: Minorities can establish/administer their own institutions

⚖️ Right to Constitutional Remedies (Art. 32)

🔹 Called the heart & soul of Constitution (by Dr. Ambedkar)
🔹 Right to move SC directly for enforcement of FRs

By LuNotes – your trusted for Lucknow University Semester exam notes, crafted with love. ❤️

✨ What is Citizenship?

• Citizenship = Legal bond between individual ↔ State.

• Citizens: Full members of the state ✔ Enjoy all civil & political rights ✔ Owe allegiance to state.

• Aliens: Do not enjoy full rights.

Citizenship ≠ Rights for all. It’s an exclusive idea — excludes non-citizens.

🌐 Principles of Citizenship

• Jus Soli (Right of Soil): Citizenship by birthplace.

• Jus Sanguinis (Right of Blood): Citizenship by blood relation.

• India originally preferred Jus Soli (Motilal Nehru Report, 1928).

• Jus Sanguinis = Rejected by Constituent Assembly — Not aligned with Indian ethos.

🏛️ Constitutional Provisions (Part II: Articles 5 to 11)

Enforced from 26 Nov 1949 (day of adoption)

• Article 5: Citizenship at commencement

  • Born & domiciled in India.

  • Or parents born in India.

  • Or ordinary resident for 5 years.

• Article 6: Migrants from Pakistan before 19 July 1949 → Automatic citizenship.

  • After this date: Need to register.

• Article 7: Migrants to Pakistan post-1 March 1947 → If returned with resettlement permit, eligible.

• Article 8: PIOs living abroad can register with Indian Mission.

• Article 9: Voluntary foreign citizenship → Indian citizenship terminated.

• Article 10: Citizens under above articles continue as citizens until Parliament provides otherwise.

• Article 11: Parliament can regulate acquisition & termination of citizenship.

📄 The Citizenship Act, 1955

Lists 5 ways to acquire Indian citizenship:

1. By Birth

• Born in India between:

  • 26 Jan 1950 – 30 Jun 1987: ✅ Indian Citizen.

  • 1 Jul 1987 – 2 Dec 2004: One parent must be Indian citizen.

  • On or after 3 Dec 2004:

    • Both parents Indian, OR

    • One Indian & other not an illegal migrant.

2. By Descent

• Born outside India ✅ If:

  • After 26 Jan 1950: Father citizen by birth.

  • After 10 Dec 1992: Either parent citizen by birth.

  • After 3 Dec 2004: Must register at Indian consulate + Declare no other citizenship.

3. By Registration

• Person of Indian origin, residing in India for 7 years.

• Person of Indian origin abroad.

• Spouse of Indian citizen (7 years residency).

• Minor children of Indian citizens.

4. By Naturalisation

• Resident of India for 12 years.

• Must fulfill qualifications under 3rd Schedule.

5. By Incorporation of Territory

• If new territory becomes part of India → Govt. decides who gets citizenship.

❌ Loss of Citizenship

• Renunciation

• Termination (on acquiring foreign citizenship)

• Deprivation (Govt. cancels citizenship for fraud, disloyalty, etc.)

• 🇮🇳 Special Case: Assam & NRC (National Register of Citizens)

  📌 Background

  After 1971, many people illegally migrated to Assam from East Pakistan (now Bangladesh).

  📢 Assam Movement (1979–1985)

  • Lasted 6 years.

  • People demanded:

    • Update of NRC

    • Deportation of illegal migrants

  🤝 Assam Accord (1985)

  • Agreement between the government & protestors

  • Cut-off date for citizenship: 25 March 1971

  📜 Section 6A (applies to Assam only)

  Introduced to handle migrants:

  Entry Date	Citizenship Status
  Before 1 Jan 1966	Considered citizens
  1 Jan 1966 – 25 Mar 1971	Can get citizenship after 10 years, but no voting rights during this time

  
  

  People use Legacy Data:

  • NRC 1951

  • Electoral Roll of 1971

  ⚖️ Supreme Court on NRC (2019)

  • People born between 24 Mar 1971 – 1 Jul 1987

  • ❌ Not automatically citizens

  • ✅ Must prove parents or ancestors were Indian citiz

  .

• 📂 How Citizenship is Proved

✌️ Key Takeaways

• Citizenship = Exclusive legal status.

• Acquired by: Birth, Descent, Registration, Naturalisation, Incorporation.

• Post-1986: Shift from Jus Soli ➡ Jus Sanguinis.

• Assam has special provisions due to historical reasons.

• No dual citizenship in India.

📘 Introduction to the Indian Constitution

• The Indian Constitution is the supreme law of India.

• It provides the framework of governance: structure, powers, duties of government, and rights and duties of citizens.

• Adopted: 26th November 1949

• Came into Effect: 26th January 1950 (celebrated as Republic Day)

🌟 Salient Features of the Indian Constitution

1. Lengthiest Written Constitution 📜
   → 470 Articles, 25 Parts, 12 Schedules.
   → Covers all aspects of governance, rights, judiciary, elections, etc.

2. Blend of Rigidity & Flexibility ⚖️
   → Some provisions can be amended easily; others need a special majority.

3. Parliamentary System 🏛️
   → President = Nominal Head
   → Prime Minister = Real Power
   → Council of Ministers responsible to Parliament

4. Federal System with Unitary Bias 🇮🇳
   → Division of powers between Centre and States
   → Centre becomes stronger during emergencies

5. Fundamental Rights 🏆
   → 6 Rights: Equality, Freedom, Exploitation, Religion, Culture & Education, Constitutional Remedies

6. Directive Principles (DPSP) 📌
   → Guidelines to create a welfare state
   → Not enforceable, but help in policymaking

7. Secularism ☪️✝️🕉️
   → No official religion
   → Equal treatment to all religions

8. Single Citizenship 🆔
   → All Indians are citizens of India (no state-level citizenship)

9. Independent Judiciary ⚖️
   → Judiciary is free from Executive and Legislature
   → Supreme Court is the apex court

10. Universal Adult Franchise 🗳️
    → Every citizen ≥18 years has the right to vote

11. Emergency Provisions 🚨
    → National, State, and Financial emergencies

12. Protection of Weaker Sections 🛡️
    → Reservations and rights for SC, ST, OBC, women, children, minorities

Fundamental Duties — Article 51A | Indian Constitution

📘 Part IV-A | Added by 42nd Constitutional Amendment Act, 1976

🔹 Origin & Background

➡ Not originally part of the Constitution (1950)

➡ Inspired by the USSR (now Russia) Constitution

➡ Added in 1976 based on the Swaran Singh Committee’s recommendation

    ↳ Committee formed by Indira Gandhi Government during Emergency

➡ Became Part IV-A through 42nd Amendment (1976)

➡ Originally 10 Duties, later 11th Duty added by 86th Amendment (2002)

🔹 What Are Fundamental Duties?

Duties expected from citizens of India to promote patriotism, discipline, and the spirit of unity.

📖 Article 51A lists the duties of every citizen of India.

📜 List of 11 Fundamental Duties (Article 51A)

🧠 Moral vs Civic Duties

💡 Importance of Fundamental Duties

➡ Remind citizens of responsibilities towards nation & society

➡ Warn against anti-national/anti-social acts

➡ Inspire discipline, commitment & patriotism

➡ Help courts in determining constitutionality of laws

⚖️ Criticism of Fundamental Duties

❗ Non-justiciable → Cannot be legally enforced in court

❗ Some duties are vague & hard to interpret

❗ Not exhaustive → e.g., Voting, paying taxes not included

❗ Placed in Part IV-A, not alongside Fundamental Rights (Part III), reducing visibility

🧾 Swaran Singh Committee Recommendations (Some not accepted)

✔️ Add Fundamental Duties ✅

❌ Penal provisions for non-compliance

❌ Duty to pay taxes

❌ Immunity from legal challenge to penalties

⚠️ Key Features

• ✅ Apply only to Indian citizens

• 🚫 No legal action if violated (non-justiciable)

• ✅ Aim to balance rights with responsibilities

• 📚 Help in building a responsible democratic society

🔎 Meaning

➡️ Constitutional Remedies = Legal ways to protect Fundamental Rights

➡️ If your rights are violated, you can approach the courts directly

➡️ This ensures that law protects every citizen, and justice is accessible

📜 What is Article 32?

➡️ Grants the Right to Constitutional Remedies

➡️ Empowers citizens to go directly to the Supreme Court for protection of Fundamental Rights

🧑‍⚖️ It is the mechanism that makes Fundamental Rights “real” and not just words on paper.

💡 Why Important?

🔹 Protects individual liberty

🔹 Ensures rule of law

🔹 Makes judiciary the protector of rights

🔹 Strengthens democracy

🔰 Dr. Ambedkar called Article 32 the “heart and soul of the Constitution”

🔹 Without it, Fundamental Rights would be meaningless

📂 Key Provisions of Article 32

1️⃣ Direct Access to Supreme Court

➡️ For enforcement of Fundamental Rights

2️⃣ Supreme Court can issue:

➡️ Writs, Orders, or Directions

3️⃣ Parliament can empower other courts to issue writs

⛔ But High Courts already have this power under Article 226

4️⃣ Cannot be suspended except during National Emergency (Article 359)

⚖️ Writ Jurisdiction

🖊️ Writs = Written orders by courts to protect rights

👑 Borrowed from UK’s Prerogative Writs

✅ Issued by:

• Supreme Court under Article 32

• High Courts under Article 226

📌 Types of Writs (Ye last topic me detail me cover kiye hai maine )

1. Habeas Corpus – “Produce the body” (release unlawful detention)

2. Mandamus – “We command” (order to perform duty)

3. Certiorari – “To be certified” (transfer case to higher court)

4. Prohibition – Stop lower court from overstepping

5. Quo-Warranto – “By what authority?” (challenge illegal public post holding)

🛡️ Supreme Court’s Role

➡️ Acts as the defender and guarantor of Fundamental Rights

➡️ Has original jurisdiction – citizens can directly approach the court

➡️ Power is wide but not exclusive (High Courts also share this power)

🏛️ Basic Feature Doctrine

✅ Supreme Court ruled:

➤ Article 32 is a Basic Feature of the Constitution

➤ It cannot be removed or limited, even by an amendment

🔐 Articles 33, 34, and 35 – Special Provisions

📘 Article 33 – Power of Parliament

➡️ Parliament can modify or restrict Fundamental Rights for:

• Armed forces

• Police

• Paramilitary forces
  
  ➡️ To ensure discipline, national security, and integrity

📘 Article 34 – Martial Law Provisions

➡️ Provides legal protection to actions taken during Martial Law

➡️ Parliament can pass laws to indemnify officers who acted under martial law

📘 Article 35 – Parliament’s Power Only

➡️ Only Parliament can make laws on:

• Enforcement of Fundamental Rights

• Prescribing punishment for rights violations
  
  ➡️ Ensures uniformity across India

⚖️ Introduction

India follows a three-organ system of government:

➡ Legislature – Makes laws

➡ Executive – Implements laws

➡ Judiciary – Interprets laws and ensures they follow the Constitution

🧑‍⚖️ Judicial Review is the power of the Judiciary to examine laws and actions of the Legislature, Executive, and Administration to ensure they are constitutional.

🔍 This system ensures checks and balances and prevents misuse of power.

(Taken from the U.S.A. – Adopted and Adapted in India)

📍 Judiciary = Custodian of the Constitution

🏛️ What is a Court Proceeding?

📌 A court proceeding is a formal process where a legal issue is examined by a judge or a court, and a decision is made.

✅ It includes hearings, trials, reviews, and appeals conducted under legal procedures.

❓ What is Judicial Review?

Judicial Review is a type of court proceeding where a judge reviews whether a decision or law made by a public authority is lawful and constitutional.

📌 It does not question the result, but the process or legality of how the decision was made.

🔑 Judicial Review Acts As a Custodian

➡ Custodian means protector or guardian.

➡ Judicial Review protects the Constitution, citizens’ rights, and democracy from any misuse of power by public authorities.

📂 Types of Judicial Review

1. 📜 Review of Legislative Actions
   
   ➡ Checks if laws passed by Parliament/State Assemblies follow the Constitution

2. 🏛️ Review of Administrative Actions
   
   ➡ Ensures government officials and departments work within legal and constitutional limits

3. ⚖️ Review of Judicial Decisions
   
   ➡ Courts can review and correct their own previous decisions if found faulty

🌟 Importance of Judicial Review

✅ Protects Fundamental Rights of citizens

✅ Ensures rule of law is followed in every decision

✅ Prevents arbitrary actions by Legislature or Executive

✅ Maintains constitutional supremacy

✅ Promotes accountability and transparency in governance

✅ Acts as the guardian of democracy

✅ Provides a remedy against unfair or illegal government actions

🚫 Limitations of Judicial Review

✖ May interfere with smooth functioning of the government

✖ Can reflect personal biases of judges

✖ Overuse can lead to public distrust

✖ India follows separation of functions, not strict separation of powers

✖ Creates binding precedents that affect future rulings

📜 Constitutional Provisions Supporting Judicial Review

Although not explicitly mentioned, several Articles enable this power:

⚖️ Landmark Judgments

📌 Golaknath v. State of Punjab (1967)

➡ Ruled that Parliament cannot amend Fundamental Rights

➡ Later overruled by the 24th Amendment

📌 Keshavananda Bharti v. Union of India (1973)

➡ Introduced Basic Structure Doctrine

➡ No law can violate the basic structure of the Constitution

📌 Indira Gandhi v. Raj Narain (1975)

➡ Declared Judicial Review as part of the Basic Structure

📌 Vishaka v. State of Rajasthan (1997)

➡ Guidelines issued for workplace sexual harassment

➡ Upheld women’s Fundamental Rights

Article 32 & Article 226 of Indian Constitution (Writs Explained)

By LuNotes – your trusted for Lucknow University Semester exam notes, crafted with love. ❤️

🔴 What is Article 32?

➡ Part of Fundamental Rights (Part III)

➡ Called the “Heart and Soul of the Constitution” – Dr. B.R. Ambedkar

➡ Empowers citizens to directly approach Supreme Court for violation of fundamental rights.

✅ Key Features:

• 👉 Only for Fundamental Rights violations

• 👉 Supreme Court can issue 5 types of writs

• 👉 Mandatory to accept such petitions (not discretionary)

• 👉 Can be suspended during National Emergency (Art. 359)

🔵 What is Article 226?

➡ A constitutional provision, not a fundamental right

➡ Empowers High Courts to issue writs

➡ For Fundamental Rights + Legal Rights

✅ Key Features:

• 👉 Wider scope – includes legal/statutory rights

• 👉 High Courts have territorial jurisdiction

• 👉 Discretionary power – High Court may reject the petition

• 👉 Cannot be suspended, even during an emergency

📊 Comparison Table: Article 32 vs Article 226

⚖️ What are Writs?

Writs are special orders issued by courts to enforce rights and check unlawful actions.

✋ Supreme Court (Art. 32) and High Courts (Art. 226) can issue 5 types of writs:

1️⃣ Habeas Corpus → “Let the body be brought before the court”

• Purpose:
  
  👉 To protect personal liberty
  
  👉 Ordered when someone is illegally detained

• When it CANNOT be used:
  
  ❌ If detention is legal and under court orders
  
  ❌ Not available for military detention under certain conditions

2️⃣ Mandamus → “We Command”

• Purpose:
  
  👉 Directs public officials or authorities to perform their legal duty

• When it CANNOT be used:
  
  ❌ Against private individuals
  
  ❌ If duty is discretionary, not mandatory
  
  ❌ Against President/Governor

3️⃣ Quo Warranto → “By what authority”

• Purpose:
  
  👉 Challenges unauthorized occupation of a public office

• When it CANNOT be used:
  
  ❌ If the office is private
  
  ❌ If the term of office is already expired

4️⃣ Prohibition → “To forbid”

• Purpose:
  
  👉 Stops lower courts or tribunals from exceeding their jurisdiction

• When it CANNOT be used:
  
  ❌ Against administrative bodies
  
  ❌ After the case is already decided (then use Certiorari)

5️⃣ Certiorari → “To be certified”

• Purpose:
  
  👉 Higher court quashes an order passed by a lower court or tribunal

• When it CANNOT be used:
  
  ❌ If there is no jurisdictional error
  
  ❌ If the order was passed with fair hearing and within authority
  
  ❌ Against legislative or purely administrative actions

🌟 Importance of Articles 32 & 226

🟢 Landmark Cases