Fundamental Rights: equality and freedom (Articles 12 to 22)
Part III of the Constitution holds the Fundamental Rights. This lesson covers Articles 12 to 22 of Part III: who must respect these rights, what happens to a law that breaks them, the Right to Equality and the Right to Freedom. You will learn what each article does, apply Article 22 to an arrest, and practise the traps that sit between neighbouring articles.
Guess first
Articles 14 to 18 make up the Right to Equality, and each has a short title that says what it does. Guess before you read on.
Guess first: which article abolishes Untouchability?
Show answer
Correct answer: A
Article 17 is titled "Abolition of Untouchability". It abolishes Untouchability and forbids its practice in any form.
Option B: Article 18 is the Abolition of titles.
Option C: Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
Option D: Article 23 prohibits traffic in human beings and forced labour; it opens the Right against Exploitation.
Hint: The right article's title names the practice it ends.
An everyday picture
Think of the rule board of a housing society that even its managing committee must obey.
Part III works like a rule board that even the managing committee must obey:
Who must obey Article 12
"the State": the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities
A rule that breaks the board fails Article 13
a law that takes away or abridges these rights is void, to that extent
Same rules for every member Articles 14 to 18
the Right to Equality
Room for each member to act Articles 19 to 22
the Right to Freedom
The picture has one limit: on a rule board, the committee itself usually decides what a rule means. For Fundamental Rights, Article 32 says: "The right to move the Supreme Court" for their enforcement "is guaranteed". You will meet it in the next lesson.
See it: equality and freedom on one map
flowchart TD P["Part III: Fundamental Rights"] --> G["General: Articles 12 and 13"] P --> E["Right to Equality: Articles 14 to 18"] P --> F["Right to Freedom: Articles 19 to 22"] G --> G1["12: who is the State; 13: laws against these rights are void"] E --> E1["14: equality before law; 15: no discrimination; 16: public employment; 17: Untouchability abolished; 18: titles abolished"] F --> F1["19: freedoms of citizens; 20: conviction for offences; 21: life and personal liberty; 21A: education; 22: arrest and detention"]
Article 19(1), the list of freedoms, is the longest list in this stretch. Its clauses run from (a) to (g), but clause (f) is gone:
| Clause | Article 19(1): all citizens shall have the right |
|---|---|
| (a) | to freedom of speech and expression |
| (b) | to assemble peaceably and without arms |
| (c) | to form associations or unions or co-operative societies |
| (d) | to move freely throughout the territory of India |
| (e) | to reside and settle in any part of the territory of India |
| (f) | omitted by the 44th Amendment Act, 1978 |
| (g) | to practise any profession, or to carry on any occupation, trade or business |
Speak, Assemble, Associate, Move, Reside, Practise. Six verbs for the six freedoms of Article 19(1), in clause order: (a), (b), (c), (d), (e) and (g).
Find the rule
Three quick checks on the articles of equality and freedom.
Which article gives equality of opportunity in matters of public employment?
Show answer
Correct answer: A
Article 16 is titled "Equality of opportunity in matters of public employment". It is about jobs and offices under the State.
Option B: Article 14 is Equality before law, for any person.
Option C: Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
Option D: Article 17 is the Abolition of Untouchability.
Hint: Look for the article whose title has the word "employment".
How many freedoms does Article 19(1) list today?
Show answer
Correct answer: A
Article 19(1) has clause letters (a) to (g), but clause (f) was omitted by the 44th Amendment Act, 1978. Six freedoms remain: (a), (b), (c), (d), (e) and (g).
Option B: 7 counts every clause letter from (a) to (g), including the omitted clause (f).
Option C: 5 is the number of liberties in the Preamble: thought, expression, belief, faith and worship.
Option D: 19 is the number of the article, not the count of its freedoms.
Hint: Count the clause letters, then remove the one that was omitted.
"No person shall be deprived of his life or personal liberty except according to procedure established by law." Which article says this?
Show answer
Correct answer: A
These words are the whole of Article 21, "Protection of life and personal liberty". It begins "No person", so it protects every person, not only citizens.
Option B: Article 19 lists the freedoms of citizens, such as the freedom of speech.
Option C: Article 22 protects against arrest and detention in certain cases.
Option D: Article 20 gives protection in respect of conviction for offences.
Hint: The protected things are life and personal liberty. Which article's title names them?
Name it: who must respect the rights, and what the rights are
NCERT says that equality and freedom "are the two rights that are most essential to a democracy". Part III puts them first among its groups of rights: the Right to Equality, then the Right to Freedom.
The rule: Article 12 says who must respect the rights: "the State". Article 13 makes a law that takes away or abridges them void, to that extent. Articles 14 to 18 give the Right to Equality; Articles 19 to 22 give the Right to Freedom.
NCERT puts it simply: "These rights however are not absolute." Article 19(2) lets the State make laws that impose "reasonable restrictions" on the freedom of speech, for example in the interests of the security of the State, public order, decency or morality, or in relation to defamation.
Worked, half-done, solo
Question
Police arrest Kiran in a town far from the nearest magistrate's court. By when must Kiran be produced before the nearest magistrate?
Solution
- Find the rule
Article 22(2): every person arrested and detained in custody "shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest".
- Read what is left out
The twenty-four hours are counted "excluding the time necessary for the journey from the place of arrest to the court of the magistrate".
- Apply it
Count twenty-four hours from the arrest and leave out the travel time to the magistrate's court.
Answer: Within twenty-four hours of the arrest, not counting the journey to the magistrate's court.
Watch out: after that period, Kiran cannot be kept in custody "without the authority of a magistrate".
Now finish one that is half done.
Half done: Article 21A, the right to education, carries a footnote: "Ins. by the Constitution (Eighty-sixth Amendment) Act, 2002". "Ins." means inserted, so the 86th Amendment added Article 21A. In which year was that Amendment Act passed?
Show answer
Correct answer: A
The footnote names the Constitution (Eighty-sixth Amendment) Act, 2002. It ends "w.e.f. 1-4-2010", which means with effect from 1 April 2010: the date Article 21A took effect.
Option B: 1976 is the year of the 42nd Amendment Act, which added SOCIALIST and SECULAR to the Preamble.
Option C: 1978 is the year of the 44th Amendment Act, which omitted clause (f) of the freedoms in Article 19.
Option D: 1950 is the year the Constitution came into force.
Hint: An Amendment Act's year is written right after its name.
And one on your own.
Article 15 prohibits discrimination on five grounds. Which of these is NOT one of those grounds?
Show answer
Correct answer: A
Article 15's title lists the grounds religion, race, caste, sex or place of birth. Language is not among them. It appears, with religion, race and caste, among the grounds in Article 29(2), on admission to educational institutions.
Option B: Religion is the first of the grounds in Article 15's title.
Option C: Caste is one of the grounds in Article 15's title.
Option D: Place of birth is the last of the grounds in Article 15's title.
Hint: Say the five grounds of Article 15 aloud: religion, race, caste, sex, place of birth.
The traps
- 17 or 18: Article 17 abolishes Untouchability; Article 18 abolishes titles, but military and academic distinctions are allowed.
- Seven or six: Article 19(1) runs from (a) to (g), but (f) was omitted, so six freedoms remain.
- Citizens or persons: Article 19's freedoms are for all citizens; Article 21 begins "No person", so it protects everyone.
- Act year or start date: the 86th Amendment Act is of 2002; Article 21A took effect on 1 April 2010.
- Language: language is one of the grounds in Article 29(2) on admission to educational institutions, not one of Article 15's grounds.
Neha wrote: "Article 17 abolishes titles." Which article actually abolishes titles?
Show answer
Correct answer: A
Article 18 is titled "Abolition of titles". Article 18(1): "No title, not being a military or academic distinction, shall be conferred by the State."
Option B: Article 17 abolishes Untouchability, not titles.
Option C: Article 14 is Equality before law.
Option D: Article 16 is Equality of opportunity in matters of public employment.
Hint: Untouchability comes first, at Article 17; titles come next.
Mixed check
The Preamble promises "LIBERTY of thought, expression, belief, faith and worship". Which article makes the freedom of speech and expression a Fundamental Right of citizens?
Show answer
Correct answer: A
Article 19(1)(a) gives all citizens the right "to freedom of speech and expression". The Preamble states the aim; Article 19 makes it a Fundamental Right.
Option B: Article 21 protects life and personal liberty.
Option C: Article 25 is the freedom of conscience and of religion.
Option D: Article 14 is equality before law.
Hint: The freedom of speech heads the list of freedoms of citizens.
Quick reference
Fundamental Rights: Articles 12 to 22
- Article 12
- "the State" Government and Parliament of India, State Governments and Legislatures, all local or other authorities
- Article 13
- laws against these rights void, to the extent they take away or abridge them
- Article 14
- equality before law for any person
- Article 15
- no discrimination religion, race, caste, sex or place of birth
- Article 16
- equality of opportunity public employment
- Article 17
- Untouchability abolished its enforcement is an offence
- Article 18
- titles abolished military and academic distinctions allowed
- Article 19(1)
- six freedoms of citizens speech, assembly, associations, movement, residence, profession; (f) omitted by the 44th Amendment
- Article 20
- conviction for offences not punished twice for the same offence; not compelled to be a witness against himself
- Article 21
- life and personal liberty only by procedure established by law
- Article 21A
- education children of six to fourteen years; 86th Amendment Act, 2002
- Article 22(2)
- arrest before the nearest magistrate within twenty-four hours
Why it works: equality gives everyone the same rules; freedom gives each person room to act, within reasonable restrictions.
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