Fundamental Rights

Fundamental Rights universally apply to all citizens, irrespective of race, place of birth, religion, caste, creed, colour or gender. They are enforceable by all the courts, subject to certain restrictions.

Fundamental Rights primarily protect individuals from any arbitrary state actions, but some rights are enforceable against individuals.  For instance, the Constitution abolishes untouchability and also prohibits begar. These provisions act as a check both on state action as well as the action of private individuals.

In Indian law, Public Interest Litigation is a litigation for the protection of the public interest. The concept of Public Interest Litigation (PIL) is in consonance with the objects enshrined in Article 39A of the Constitution of India to protect and deliver prompt social justice with the help of law. 
Justice P. N. Bhagwati introduced the concept of Public Interest Litigation in India.

Article 15 - Social equality and equal access to public areas
Article 16 - Equality in matters of public employment

Article 19 of the Indian Constitution mentions the ‘Freedom of speech and expression’, which enables an individual to participate in public activities. The phrase, freedom of press has not been used in Article 19, but ‘freedom of expression’ includes freedom of press.

The basic structure doctrine is an Indian judicial principle that the Constitution of India has certain basic features that cannot be altered or destroyed through amendments by the Parliament. Secularism and democracy fall under the definition of basic structure.

The right to equality in matters of public employment cannot be conferred on overseas citizens of India.

Minerva Mills Case, 1980 provides for the harmonious interpretation of the provisions of Directive Principles and Fundamental Rights.

The Indian constitution does not recognize property rights as a Fundamental Rights. In the year 1977, the 44^th amendment eliminated the right to acquire, hold and dispose of property as a Fundamental Right. However, in another part of the constitution, Article 300 (A) was inserted to affirm that no person shall be deprived of his property saved by authority of law. 

Fundamental Rights of a country are applicable only within its territory. Article 19 provides freedom to move freely throughout the territory of India.

The IPC is known as Ranbir Penal Code in the state of Jammu and Kashmir.

Article 21 declares that no citizen can be denied his life and liberty, except by law. This means that a person's life and personal liberty can only be disputed if that person has committed a crime. However, the right to life does not include the right to die and hence, suicide or an attempt thereof is an offence.

Changes to the Fundamental Rights require a constitutional amendment, which has to be passed by a special majority of both Houses of Parliament. This means that an amendment requires the approval of two-thirds of the members present and voting.

The Constitution provides special measures, in Articles 29 and 30, to protect the rights of religious and linguistic minorities as they have their different languages, religions and cultures.