Right to Equality and Right to Freedom
NCERT Class 9 - Democratic Politics I, Chapter 5 • NCERT Class 11 - Indian Constitution at Work, Chapter 2
Right to Equality and Right to Freedom
Fundamental Rights are in Part III, Articles 12 to 35. There are six of them today; the right to property was removed by the 44th Amendment of 1978 and is now a legal right under Article 300A. These rights are enforceable in court and limit the power of the state.
Right to Equality, Articles 14 to 18
| Article | Provision |
|---|---|
| 14 | Equality before the law and equal protection of the laws |
| 15 | No discrimination on grounds of religion, race, caste, sex or place of birth |
| 16 | Equality of opportunity in public employment |
| 17 | Abolition of untouchability and its practice in any form |
| 18 | Abolition of titles, except military and academic distinctions |
- Equality before the law means no one is above the law; equal protection of the laws means like should be treated alike, which permits reasonable classification.
- Article 15 allows the state to make special provisions for women and children, and for socially and educationally backward classes, scheduled castes and scheduled tribes.
- Article 16 permits reservation in appointments for backward classes not adequately represented in the services.
- Article 17 is absolute - untouchability is abolished and its practice is an offence punishable by law, with no exception and no reasonable restriction.
- Article 18 bars the state from conferring titles; Bharat Ratna and Padma awards are held to be awards, not titles, and cannot be used as prefixes or suffixes to names.
Right to Freedom, Articles 19 to 22
- Article 19 guarantees six freedoms to citizens - speech and expression; assembly peaceably and without arms; association; movement throughout India; residence and settlement; and practice of any profession, occupation, trade or business.
- Each of these is subject to reasonable restrictions on grounds such as sovereignty, public order, decency, morality and the security of the state.
- Article 20 protects against conviction for an act that was not an offence when committed, against double jeopardy, and against self-incrimination.
- Article 21 - no person shall be deprived of life or personal liberty except according to procedure established by law. Judicial interpretation has read into it the right to live with dignity, to livelihood, to a clean environment, to privacy and to a speedy trial.
- Article 21A - free and compulsory education for children aged 6 to 14, added by the 86th Amendment.
- Article 22 gives protection in cases of arrest and detention - the right to be informed of the grounds, to consult a lawyer, and to be produced before a magistrate within 24 hours, with separate rules for preventive detention.
हिंदी संकेत: अनुच्छेद 19 की स्वतंत्रताएं केवल नागरिकों को मिलती हैं, जबकि अनुच्छेद 14, 20, 21 और 21क हर व्यक्ति को, चाहे वह विदेशी ही क्यों न हो।
Exam me kaise aata hai
Match-the-following on article number and right is the commonest format. Factual questions ask how many freedoms Article 19 gives and within how many hours an arrested person must be produced before a magistrate. Statement-based questions test which rights are available to non-citizens.
UPSC / State PSC ke liye
Track how Article 21 has expanded through interpretation - from a narrow procedural guarantee to a broad right including dignity, livelihood, environment and privacy, with the privacy judgment of 2017 being the landmark. Also note the important distinction that equality permits reasonable classification but forbids class legislation.
Yahan confuse hote hain
✗ There are seven Fundamental Rights today | ✓ There are six; the right to property was removed in 1978
✗ Article 19 rights are available to foreigners | ✓ They are available only to citizens
✗ Bharat Ratna is a title barred by Article 18 | ✓ It is an award, not a title, and cannot be used with a name
Ek nazar me
- Fundamental Rights are in Part III, Articles 12 to 35; six rights today.
- Right to property was removed by the 44th Amendment 1978 and is now Article 300A.
- Articles 14 to 18 - equality, non-discrimination, equal opportunity, abolition of untouchability and titles.
- Article 17 is absolute with no exceptions.
- Article 19 gives six freedoms to citizens, all subject to reasonable restrictions.
- Article 21 covers life and personal liberty; 21A gives education from 6 to 14 years.
- Article 22 requires production before a magistrate within 24 hours of arrest.