⚡ Topic 06 of 6 · Chapter 05 · Quick Revision
Exceptions, Landmark Cases & Quick Revision
Exceptions to Fundamental Rights, landmark Supreme Court cases, suspension during Emergency, and complete revision.
📋 Exceptions to Fundamental Rights
| Exception | Details |
|---|---|
| Armed Forces | Parliament can restrict FR of members of armed forces, police, intelligence agencies (Article 33) |
| Martial Law | Parliament can indemnify persons for acts done during martial law (Article 34) |
| National Emergency | Article 19 freedoms can be suspended during National Emergency. Articles 20 and 21 CANNOT be suspended (44th Amendment) |
| 9th Schedule Laws | Laws placed in 9th Schedule are protected from judicial review (but IR Coelho case 2007 allows review) |
| Reasonable Restrictions | All FR under Article 19 are subject to reasonable restrictions by the State |
⚖️ Landmark Supreme Court Cases on Fundamental Rights
Kesavananda Bharati v. State of Kerala
1973
Ruling: Parliament can amend Fundamental Rights but cannot destroy the basic structure of the Constitution. Established the Basic Structure Doctrine.
Maneka Gandhi v. Union of India
1978
Ruling: “Procedure established by law” under Article 21 must be fair, just, and reasonable. Expanded the scope of Article 21 significantly. Articles 14, 19, and 21 are interconnected.
Golaknath v. State of Punjab
1967
Ruling: Parliament cannot amend Fundamental Rights. (Later overruled by Kesavananda Bharati case, 1973)
Indra Sawhney v. Union of India (Mandal Case)
1992
Ruling: 27% OBC reservation upheld. Total reservation capped at 50%. Creamy layer concept introduced for OBCs. Reservation in promotion for SC/ST upheld.
Justice K.S. Puttaswamy v. Union of India
2017
Ruling: Right to Privacy is a Fundamental Right under Article 21. Overruled earlier judgments that held privacy was not a FR.
Vishaka v. State of Rajasthan
1997
Ruling: Sexual harassment at workplace violates Articles 14, 19, and 21. Laid down Vishaka Guidelines for prevention of sexual harassment at workplace. Led to POSH Act, 2013.
✅ Complete Chapter Revision Checklist
✅ FR in Part III (Articles 12–35) — borrowed from US Bill of Rights
✅ 6 Fundamental Rights (originally 7; Right to Property removed by 44th Amendment, 1978)
✅ Article 12 — Definition of State
✅ Article 13 — Laws inconsistent with FR are void
✅ Article 14 — Equality before law (all persons)
✅ Article 15 — No discrimination (citizens only)
✅ Article 16 — Equal opportunity in public employment
✅ Article 17 — Abolition of untouchability (absolute right)
✅ Article 18 — Abolition of titles
✅ Article 19 — 6 freedoms (citizens only); originally 7
✅ Article 20 — No ex-post-facto, no double jeopardy, no self-incrimination (cannot be suspended)
✅ Article 21 — Right to life and personal liberty (cannot be suspended)
✅ Article 21A — Right to Education for children 6–14 years (86th Amendment, 2002)
✅ Article 22 — Produced before magistrate within 24 hours
✅ Articles 23–24 — Right Against Exploitation
✅ Articles 25–28 — Right to Freedom of Religion
✅ Articles 29–30 — Cultural and Educational Rights
✅ Article 32 — “Heart and soul” — 5 writs (SC)
✅ Article 226 — High Court writs (wider scope than Article 32)
✅ 6 Fundamental Rights (originally 7; Right to Property removed by 44th Amendment, 1978)
✅ Article 12 — Definition of State
✅ Article 13 — Laws inconsistent with FR are void
✅ Article 14 — Equality before law (all persons)
✅ Article 15 — No discrimination (citizens only)
✅ Article 16 — Equal opportunity in public employment
✅ Article 17 — Abolition of untouchability (absolute right)
✅ Article 18 — Abolition of titles
✅ Article 19 — 6 freedoms (citizens only); originally 7
✅ Article 20 — No ex-post-facto, no double jeopardy, no self-incrimination (cannot be suspended)
✅ Article 21 — Right to life and personal liberty (cannot be suspended)
✅ Article 21A — Right to Education for children 6–14 years (86th Amendment, 2002)
✅ Article 22 — Produced before magistrate within 24 hours
✅ Articles 23–24 — Right Against Exploitation
✅ Articles 25–28 — Right to Freedom of Religion
✅ Articles 29–30 — Cultural and Educational Rights
✅ Article 32 — “Heart and soul” — 5 writs (SC)
✅ Article 226 — High Court writs (wider scope than Article 32)