Interpretation and expansion of Fundamental Rights overtime (To be updated)

Article 14

Available to any person

Article 15

Available to citizens only

Purpose: prohibition of discrimination on the grounds of religion, race, caste, sex, place of birth or any of them

15(1): Grounds: religion, race, caste, sex, place of birth or any of them.

15(2): Grounds: religion, race, caste, sex, place of birth or any of them.

15(3): allowance for special provision for women and children.

15(4):                   

·         Added by 1^st Amendment in 1951

·         As a response to the judgment in State of Madras v Champakam Dorairanajan case

·         Exempt from provisions of Article 29 (2)

·         Allowance for special provisions for advancement of socially and educationally backward class of citizens or SCs and STs

·         Beneficiaries: Socially and Educationally backward class or citizens of SCs and STs

15 (5):

·         Added by 93^rd Amendment in 2005

·         Exempt from: Article 19(1)(g)

·         Purpose: Allowance for admissions to educational institutions including private educational institutes whether aided or unaided by State

·         Beneficiaries: socially and educationally backward classes or citizens or SCs and STs

·         Purpose: legislation for reservation related policies for admission to educational institutes

·         Provisions not applicable over minority education institutes under Article 30(1)

Article 16

Available to citizens only

Purpose: to secure equality of opportunity for all citizens in matters related to employment or appointment in any office under the State.

16(2):

·         Grounds: religion, race, caste, sex, decent, place of birth, residence or any of them

·         Purpose: prevention of discrimination on above grounds for any employment or office under State

16(3): Allowance to Parliament to make laws prescribing any requirement as to residence within that State or UT, prior to such employment or appointment, with respect to certain class or classes of appointment or employment.

16(4):

·         Purpose Allowance for State to make provision for reservation for appointments and posts for in favor of any backward class of citizens which in the opinion of state is not adequately represented in services under the state.

·         Beneficiaries: backward class of citizens not adequately represented in services under state.

16(4A):

·         Added by: 77^th Amendment 1995

·         Purpose: allowance for provisions for reservation in matters of promotion with consequential seniority to any class or classed of posts in the services under the State in favor of SC and ST which are not adequately represented in services under the State.

·         SC and ST which are not adequately represented in services under the State.

·         85^th Amendment in 2001 added `consequential senority`

16(4B)

·         Added by 81^st Amendment Act, 2000

·         Purpose: Vacancies under 4A or 4B left vacant in a year to be considered as separate class of vacancies in succeeding year

·         Ceiling fixed at 50%

Article 19

19(1): Available to citizens only

“SAAM Resides in Poland”

(a)    S - Speech and Expression,

(b)   A - Assemble peacefully,

(c)    A - Associations or Unions,

(d)   M - Move freely throughout India,

(e)   Resides - Reside and settle in any part of India,

(g) Po - Practice any profession

19(2): reasonable restrictions can be imposed on freedom under (a) Speech and Expression, in the interests of:

·         Sovereignty and integrity of India (Added by 16^th Amendment, 1963)

·         Security of State,

·         Friendly relations with foreign state,

·         Public order,

·         Decency or morality,

·         In relation to contempt of court, defamation,

·         Incitement to an offence

19(3) and 19 (4): reasonable restrictions can be imposed on freedom under (b) Assemble peacefully and (c) form Associations or Unions, in the interests of:

·         Sovereignty and integrity of India,

·         Public order

19(5):  reasonable restrictions can be imposed on freedom under (g) practice any profession in the interests of General Public. However, professional qualifications can be laid down.

Article 20

Available to any person.

20(1): Protection from retrospective operation of laws,

20(2): Protection from double jeopardy, autre fois convict,

20(3): Protection from compulsion to be a witness against himself

Article 21 A

Added by 86^th Amendment, 2002

Free and compulsory education to children between 6 to 14 years.

Article 22

22(1): No person who is arrested shall be detained in custody without being informed of grounds of such arrest nor shall be denied the right to consult and to be defended by legal practitioner of his choice.

22(2): to be produced before magistrate within 24 hours

22(3): exceptions are alien enemy or person arrested under preventive detention

22(4): For preventive detention above 3 months permission of advisory board necessary.

Article 25

25(1): Freedom of religion is subject to public order, morality and health and to other provisions of this part (Part III Fundamental Rights)

Hindus include Sikh, Jain or Buddhist religion

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