Overview
This lecture focused on a detailed explanation of Part 3 of the Indian Constitution, 'Fundamental Rights,' covering Articles 12 to 18 and their key features.
Concept of Fundamental Rights
- Fundamental Rights are those rights essential and natural for every person's life.
- Neither the government nor any institution or individual can take away these rights from a person.
- Fundamental Rights are described in Part 3 (Articles 12-35) of the Constitution and were adopted by India inspired by the American Constitution.
- These rights are considered the Magna Carta, symbolizing liberty and equality.
- During Emergency, some Fundamental Rights can be suspended; restrictions can be permanently imposed by Parliament.
Article 12: Definition of "State"
- Article 12 defines the State тАФ including the central government, state governments, local authorities (municipalities, panchayats, etc.), and other government institutions.
- No state can make any law that violates anyone's Fundamental Rights.
Article 13: Derogation
- Article 13 states that any pre-existing or future law that contravenes Fundamental Rights will be null and void.
- Personal Law has some exemptions, but if it violates Fundamental Rights, it can be amended or abolished (e.g., triple talaq).
Article 14: Equality before Law
- All persons in India are equal before the law.
- No person тАФ whether the President or an ordinary citizen тАФ is above the law.
- Equal protection of the law allows special provisions for certain classes as per the system.
Article 15: Prohibition of Discrimination
- The State cannot discriminate against citizens solely on the basis of religion, caste, gender, birthplace, or descent.
- Positive discrimination, i.e., reservation, can be applied for socially backward classes.
Article 16: Equality in Public Employment
- Equal opportunities are available to all in government jobs.
- Reservation can be given only to backward classes based on caste, gender, or region.
Article 17: Abolition of Untouchability
- Article 17 abolishes untouchability and declares it a punishable offense.
Article 18: Abolition of Titles
- Article 18 prohibits titles granted by the State; only educational or military ranks are exceptions.
- National awards (e.g., Padma Shri) cannot be prefixed to names.
Key Terms & Definitions
- Fundamental Rights тАФ Rights granted by the Constitution that are essential and inalienable for life.
- State тАФ The center, states, local authorities, and other government institutions.
- Derogation тАФ Nullifying old or new laws to protect Fundamental Rights.
- Right to Equality тАФ Equality before law and in opportunities for all.
- Untouchability тАФ Caste-based discrimination considered a crime.
- Title тАФ Any special honor restricted by the Indian Constitution (except educational and military ranks).
Action Items / Next Steps
- Study rights beyond Article 19 (freedom, religious freedom, etc.) in the next class.
- Review Part 3 and memorize key articles (12-18).
- Study reservation provisions in the Constitution.
- Ask any doubts or questions in live comments or chat.