Know your basic rights? – Republic day special

1. Article 14: Equality Before Law

Explanation: Article 14 ensures that all citizens are equal in the eyes of the law and guarantees equal protection under the law. It prohibits discrimination by ensuring that no individual or group gets preferential treatment based on their caste, religion, gender, or social status. This article enforces the principle that no one is above the law.

Suppose: A wealthy businessman bribes local authorities to evade taxes, while a small shopkeeper is fined heavily for minor delays in payment. The shopkeeper feels this is unfair.

Application: The shopkeeper can file a legal complaint under Article 14, demanding equal treatment under the law. The court can hold the businessman accountable for tax evasion and ensure fairness for both parties.

2. Article 15: Prohibition of Discrimination

Explanation: Article 15 prohibits discrimination against any citizen on the grounds of religion, race, caste, sex, or place of birth. Public places, services, and amenities must be accessible to all, ensuring inclusivity and equal rights for every citizen.

Suppose: A woman is denied entry to a public park because of her religion. She is told that the park is reserved only for people of a specific faith.

Application: The woman can approach the authorities or the court, citing Article 15, which ensures her right to access public spaces without discrimination. The court can order the park management to allow her entry and prevent future incidents.

3. Article 16: Equality of Opportunity in Public Employment

Explanation: Article 16 guarantees equal opportunity for all citizens in matters of public employment. It prevents discrimination in recruitment, promotion, or employment in government jobs based on religion, caste, gender, or place of birth.

Suppose: A candidate from one state is denied a government job in another state, with authorities citing his “outsider” status as the reason.

Application: The candidate can file a case under Article 16, which protects his right to equal opportunity in public employment. The court can ensure that the recruitment process is fair and merit-based, without regional bias.

4. Article 17: Abolition of Untouchability

Explanation: Article 17 abolishes untouchability and prohibits its practice in any form. It ensures dignity for individuals who have historically faced discrimination based on caste. Any violation of this article is punishable by law.

Suppose: A Dalit family is prevented from drawing water from the village well and is asked to use a separate source.

Application: The family can file a complaint under Article 17, which makes such acts of untouchability illegal. The local authorities or courts can take strict action against those who enforce or practice such discrimination.

5. Article 18: Abolition of Titles

Explanation: Article 18 prohibits the state from conferring titles that create a sense of hierarchy or privilege. Exceptions are made only for military and academic titles like “Doctor” or “Colonel.”

Suppose: A local leader uses the title “Raja” to demand special privileges in government offices and public events, intimidating others into compliance.

Application: Citizens can report this misuse under Article 18. Authorities can strip the leader of any undue privileges and ensure that no title is misused to exploit or oppress others.

6. Article 19: Right to Freedom

Explanation: Article 19 grants six fundamental freedoms: speech and expression, peaceful assembly, forming associations, free movement across India, residence and settlement in any state, and practicing any profession or trade. These freedoms are vital for individual liberty and democracy.

Suppose: A journalist writes a critical article against the government and is threatened with arrest. Later, the journalist organizes a peaceful protest with others and forms an association to safeguard press freedom.

Application: The journalist can invoke Article 19 to protect their freedom of speech and peaceful assembly. Any attempt to suppress these rights unlawfully can be challenged in court, ensuring their liberty is safeguarded.

7. Article 20: Protection Against Arbitrary Punishment

Explanation: Article 20 ensures protection in criminal cases. It prohibits retrospective punishment, double jeopardy (punishment for the same offense twice), and self-incrimination.

Suppose: A man is punished for an act that was not illegal when he committed it. Later, authorities try to prosecute him for the same offense again.

Application: The man can invoke Article 20, which protects him from such unfair practices. The court can ensure he is not penalized retroactively or tried twice for the same crime.

8. Article 21: Right to Life and Personal Liberty

Explanation: Article 21 guarantees the right to live with dignity and personal liberty. It ensures that no person can be deprived of life or liberty except by due legal procedure.

Suppose: A woman is detained without being informed of the charges or given a chance for a fair trial.

Application: The woman can approach the court under Article 21, ensuring her detention is reviewed and legal safeguards are followed. The court can order her release if due process is violated.

9. Article 21A: Right to Education

Explanation: Article 21A ensures free and compulsory education for children aged 6 to 14 years, empowering every child with basic education.

Suppose: A child is denied admission to a government school because her parents cannot afford additional fees.

Application: The parents can invoke Article 21A, ensuring the school admits the child and provides free education as mandated by law.

10. Article 23: Prohibition of Forced Labor

Explanation: Article 23 prohibits human trafficking, forced labor, and exploitative practices like begar. It ensures dignity and fair wages for all workers.

Suppose: Migrant workers are forced to work without pay under the threat of violence.

Application: The workers can report the incident under Article 23, ensuring immediate action to rescue them and hold the employer accountable.

11. Article 24: Prohibition of Child Labor

Explanation: Article 24 prohibits children under 14 from working in hazardous industries, safeguarding their health and right to education.

Suppose: A 12-year-old is found working in a chemical factory due to family poverty.

Application: Authorities can intervene under Article 24, rescuing the child and enrolling them in school while ensuring the employer faces legal consequences.

12. Article 25: Freedom of Religion

Explanation: Article 25 guarantees freedom to profess, practice, and propagate any religion, subject to public order, morality, and health.

Suppose: A religious group is stopped from celebrating their festival in a public space.

Application: The group can invoke Article 25, ensuring their right to practice religion is respected, as long as it does not disturb public order.

13. Article 26: Freedom to Manage Religious Affairs

Explanation: Article 26 grants religious denominations or groups the freedom to establish and manage religious institutions, own and administer properties, and perform rituals as per their faith.

Suppose: A local authority takes over a temple trust, claiming mismanagement, and starts interfering with its funds and operations.

Application: The temple trust can challenge this action under Article 26, asserting their right to manage their own affairs. The court can intervene to ensure that religious institutions operate autonomously within the bounds of the law.

14. Article 27: Freedom from Taxation for Religion

Explanation: Article 27 prohibits the imposition of taxes specifically intended for promoting or supporting any particular religion, ensuring a secular state.

Suppose: A state government levies a special tax on all citizens to fund the construction of a religious shrine.

Application: Citizens can challenge the tax under Article 27, arguing that public funds cannot be used to promote a specific religion. The court can order the tax to be withdrawn.

15. Article 28: Freedom from Religious Instruction in State-Funded Institutions

Explanation: Article 28 prohibits religious instruction in educational institutions wholly maintained by state funds. However, institutions administered by religious bodies or those receiving partial state aid can impart religious education.

Suppose: A government school starts mandatory religious prayers and teachings, forcing students to participate regardless of their beliefs.

Application: Parents can invoke Article 28, ensuring the school refrains from imposing religious practices on students. The authorities can direct the school to uphold secular values.

16. Article 29: Protection of Culture and Language

Explanation: Article 29 protects the rights of any group to preserve their distinct language, script, or culture. It is particularly important for minorities, safeguarding their heritage and identity.

Suppose: A state government mandates the use of only the official state language in schools, banning the teaching of a minority community’s language.

Application: The affected community can invoke Article 29, ensuring their cultural and linguistic rights are upheld. The court can direct the state to allow the teaching of their language.

17. Article 30: Right to Establish and Administer Educational Institutions

Explanation: Article 30 gives minorities the right to establish and manage educational institutions of their choice, ensuring they can preserve their culture and identity through education.

Suppose: A minority community applies for permission to open a school but is denied by local authorities, citing irrelevant reasons.

Application: The community can invoke Article 30, ensuring their right to establish and manage their school is respected. The court can direct the authorities to grant permission.

18. Article 32: Right to Constitutional Remedies

Explanation: Article 32 empowers citizens to directly approach the Supreme Court for the enforcement of Fundamental Rights through writs such as habeas corpus, mandamus, prohibition, certiorari, and quo warranto. It is often referred to as the “heart and soul” of the Constitution.

Suppose: A group of workers is denied wages, and despite repeated complaints, local authorities take no action.

Application: The workers can file a writ petition under Article 32 in the Supreme Court, ensuring immediate intervention and enforcement of their right to fair treatment.

19. Article 33: Restrictions on Armed Forces

Explanation: Article 33 allows Parliament to restrict the Fundamental Rights of armed forces, police, and intelligence agencies to maintain discipline and efficiency.

Suppose: A soldier posts sensitive details about a military operation on social media, citing his freedom of speech.

Application: Under Article 33, his rights can be restricted to maintain the confidentiality and discipline of the armed forces. Authorities can take disciplinary action to prevent further breaches.

20. Article 34: Restrictions During Martial Law

Explanation: Article 34 empowers Parliament to impose restrictions on Fundamental Rights in areas where martial law is in force, ensuring public order and security.

Suppose: A region faces riots, and martial law is imposed. Citizens are temporarily prohibited from assembling in public spaces to prevent violence.

Application: Under Article 34, such restrictions are legal during martial law. Citizens can, however, approach the courts if they believe the restrictions are excessive or unfairly imposed.

21. Article 35: Power to Make Laws for Fundamental Rights

Explanation: Article 35 empowers Parliament to make laws for enforcing certain Fundamental Rights, such as defining offenses related to human trafficking, forced labor, untouchability, and ensuring equal opportunities.

Suppose: A state government passes a law restricting women from working in specific industries, citing safety concerns.

Application: Under Article 35, such a law can be challenged as only Parliament has the authority to legislate on matters affecting Fundamental Rights. The court can strike down the state law.