भारत का संविधान — मूल अधिकार एवं रिट क्षेत्राधिकार
Adopted: 26 November 1949 | Effective: 26 January 1950
Parts: 25 | Schedules: 12 | Articles: 448 (original 395)
Amendments: 106 amendments to date
This guide focuses on articles most relevant to our practice — Fundamental Rights, writ jurisdiction, and constitutional remedies.
Article 14 is the cornerstone of Indian constitutional law. It embodies two concepts: equality before law (British concept — no one is above the law) and equal protection of laws (American concept — like should be treated alike). This is the most frequently invoked article in writ petitions challenging arbitrary government action.
No citizen shall be discriminated against in matters of public employment on grounds of religion, race, caste, sex, descent, place of birth, or residence. This is the foundation for challenging discriminatory recruitment, promotion, and seniority policies in government employment.
Art. 16(4): Enables reservation for backward classes not adequately represented in state services.
Article 19(1) guarantees six freedoms to all citizens: (a) Speech and expression, (b) Peaceful assembly, (c) Formation of associations/unions, (d) Free movement throughout India, (e) Residence and settlement anywhere, (g) Profession, occupation, trade, or business.
Each freedom is subject to reasonable restrictions under Art. 19(2)-(6) on grounds of sovereignty, security, public order, decency, morality, contempt of court, defamation, and incitement to offence.
Art. 19(1)(a): The RTI Act derives its constitutional authority from freedom of speech — the right to know is implicit in the right to free speech.
Article 21 is the most expansive fundamental right. Through judicial interpretation, it now includes: right to livelihood, right to clean environment, right to health, right to education, right to privacy, right to speedy trial, right to shelter, right to travel abroad, right to legal aid, right to live with dignity, and right against custodial violence.
Dr. Ambedkar called this the "heart and soul of the Constitution." Art. 32 is itself a fundamental right — the right to move the Supreme Court for enforcement of fundamental rights. The Supreme Court can issue writs of habeas corpus, mandamus, prohibition, quo warranto, and certiorari.
Article 226 empowers every High Court to issue writs for enforcement of fundamental rights and for any other purpose. This is wider than Article 32 — the High Court can issue writs even for enforcement of ordinary legal rights.
Expert representation for writ petitions, PIL, and constitutional challenges before P&H High Court and Supreme Court.