Fundamental Rights: Articles 23–35

The Indian Constitution is one of the most comprehensive in the world, ensuring not only civil and political rights but also protection against social and economic injustices. Among the Fundamental Rights (Articles 12–35), Articles 23 to 35 form a crucial segment — safeguarding individuals from exploitation, ensuring religious freedom, protecting minority interests, and empowering citizens with the right to constitutional remedies.

1. Article 23 and 24 – Right Against Exploitation

Article 23: Prohibition of Traffic in Human Beings and Forced Labour

Article 23 prohibits:

1. Human trafficking,
2. Begar (forced labour), and
3. Any form of compulsory service.

This right applies against both the State and private individuals — making it a unique provision among Fundamental Rights.

The Article allows the State to impose compulsory service for public purposes (like national service or disaster relief), provided it does not discriminate on grounds of religion, race, caste, or class.

Important Case Laws

• People’s Union for Democratic Rights v. Union of India (1982 AIR 1473)
  Held that non-payment of minimum wages amounts to forced labour under Article 23.
• Sanjit Roy v. State of Rajasthan (1983 AIR 328)
  The Court held that paying less than the minimum wage even in famine relief work violates Article 23.

Article 24: Prohibition of Employment of Children in Factories

Article 24 protects children below 14 years of age from being employed in:

• Factories,
• Mines, or
• Other hazardous occupations.

This Article reflects India’s commitment to the Right to Childhood and Education.

Relevant Legislations

• The Child Labour (Prohibition and Regulation) Act, 1986
• The Right of Children to Free and Compulsory Education Act, 2009
  (ensures education as a fundamental right for children aged 6–14 years).

Case Law

• M.C. Mehta v. State of Tamil Nadu (1996 6 SCC 756)
  The Court directed the government to identify and rehabilitate child labourers and ensure their education.

2. Articles 25–28 – Right to Freedom of Religion

India, though secular, upholds the individual’s right to profess, practice, and propagate religion. Articles 25–28 protect this freedom while maintaining a balance between religious liberty and public order.

Article 25: Freedom of Conscience and Free Profession, Practice and Propagation of Religion

Every individual has the right to:

• Freedom of conscience,
• Freedom to profess, practice, and propagate religion.

However, this freedom is subject to public order, morality, health, and other Fundamental Rights.

Judicial Interpretation

• The State of Bombay v. Narasu Appa Mali (1952) – differentiated between religious faith and secular activities.
• Rev. Stainislaus v. State of Madhya Pradesh (1977 AIR 908) – propagation does not include the right to convert others by force or inducement.

Article 26: Freedom to Manage Religious Affairs

Every religious denomination has the right to:

• Establish and maintain institutions for religious and charitable purposes,
• Manage its own affairs in matters of religion,
• Own and acquire movable and immovable property, and
• Administer such property according to law.

Case Law

• The Commissioner, Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swamiar (1954 AIR 282) – recognized that “religious denomination” must have a common faith, organization, and distinctive name.

Article 27: Freedom from Payment of Taxes for Promotion of Any Religion

No person shall be compelled to pay taxes for the promotion or maintenance of any religion or religious denomination.

Example: If the government collects taxes to fund a particular temple or church, it would violate Article 27.

Article 28: Freedom as to Attendance at Religious Instruction or Worship in Certain Educational Institutions

• No religious instruction shall be provided in educational institutions wholly maintained out of State funds.
• However, institutions administered by the State but established under an endowment or trust requiring religious instruction can provide it.
• Students cannot be compelled to attend religious instruction without consent.

3. Articles 29 and 30 – Cultural and Educational Rights of Minorities

Article 29: Protection of Interests of Minorities

Article 29(1) protects the right of any section of citizens having a distinct language, script, or culture to preserve the same.
Article 29(2) prohibits denial of admission into educational institutions maintained or aided by the State on grounds of religion, race, caste, language, or any of them.

Case Law

• State of Madras v. Champakam Dorairajan (1951 SCR 525)
  Held that reservation based solely on religion or caste violates Article 29(2).

Article 30: Right of Minorities to Establish and Administer Educational Institutions

• Minorities (based on religion or language) have the right to establish and administer educational institutions of their choice.
• The State cannot discriminate in granting aid to such institutions.

Case Laws

• T.M.A. Pai Foundation v. State of Karnataka (2002 8 SCC 481)
  Clarified that minorities can establish institutions and enjoy reasonable autonomy, but are subject to regulatory measures ensuring educational standards.
• St. Stephen’s College v. University of Delhi (1992 AIR 1630)
  Held that minority institutions can have their own admission procedures but must maintain fairness and transparency.

4. Article 32 – Right to Constitutional Remedies

Article 32 is considered the “Heart and Soul” of the Constitution, as described by Dr. B.R. Ambedkar.

It empowers individuals to directly approach the Supreme Court for enforcement of Fundamental Rights through writs.

Types of Writs under Article 32:

1. Habeas Corpus – to release a person unlawfully detained.
2. Mandamus – directs a public authority to perform its duty.
3. Prohibition – prevents a lower court from exceeding its jurisdiction.
4. Certiorari – quashes the order of a lower court or tribunal.
5. Quo Warranto – questions the legal right of a person to hold a public office.

Public Interest Litigation (PIL)

PIL expanded access to Article 32, allowing any public-spirited person to file petitions on behalf of disadvantaged citizens.

Landmark Cases

• S.P. Gupta v. Union of India (1981) – recognized the concept of PIL.
• Bandhua Mukti Morcha v. Union of India (1984) – used PIL to protect bonded labourers’ rights under Article 23.
• Vishaka v. State of Rajasthan (1997) – laid down guidelines against sexual harassment at workplaces.

5. Saving of Certain Laws (Articles 31, 33, 34, 35)

Article 31: Repealed

Originally guaranteed the Right to Property as a Fundamental Right.
After the 44th Constitutional Amendment (1978), it was repealed and now exists as Article 300A under Part XII as a legal right, not a Fundamental Right.

Article 33: Power of Parliament to Modify Rights for Armed Forces

Parliament can modify the application of Fundamental Rights for:

• Armed Forces,
• Police forces,
• Intelligence agencies, and
• Other forces charged with public order.

Objective: To ensure discipline and proper discharge of duties.

Article 34: Restriction on Rights during Martial Law

Parliament may indemnify any person for acts done during the operation of martial law in any area, ensuring legal protection for actions taken in good faith.

Article 35: Legislation to Give Effect to Certain Fundamental Rights

This Article reserves exclusive power to Parliament to make laws relating to:

• Article 16(3): Employment under State.
• Article 32(3): Empowering other courts to issue writs.
• Article 33 and 34: Modifications and indemnity provisions.

Conclusion

Articles 23 to 35 form the protective backbone of India’s constitutional democracy.
They collectively prevent exploitation, safeguard freedom of religion, protect minority rights, and guarantee legal remedies.
Through judicial interpretation and legislative action, these rights have evolved into tools of empowerment, promoting social justice, equality, and human dignity — the true essence of the Constitution

No.	Question	Options	Answer	Explanation
1	Article 23 prohibits which of the following?	a) Child marriage b) Trafficking and begar c) Dowry d) Untouchability	b	Article 23 bans human trafficking, begar, and forced labour.
2	Article 24 prohibits employment of children below what age?	a) 12 years b) 13 years c) 14 years d) 15 years	c	Employment of children below 14 in factories or mines is banned.
3	Which case held that non-payment of minimum wages amounts to forced labour?	a) Olga Tellis b) PUDR v. Union of India c) Kesavananda Bharati d) Maneka Gandhi	b	PUDR case (1982) interpreted Article 23 broadly.
4	Which Article ensures freedom to manage religious affairs?	a) 25 b) 26 c) 27 d) 28	b	Article 26 grants rights to religious denominations.
5	The right to propagate religion is guaranteed under which Article?	a) 19(1)(a) b) 25 c) 27 d) 30	b	Article 25 includes the right to propagate religion.
6	Under Article 27, no person shall be compelled to pay tax for:	a) National security b) Religious promotion c) Education d) Public health	b	Article 27 ensures secular use of public funds.
7	Religious instruction in State-funded schools is prohibited under which Article?	a) 25 b) 26 c) 28 d) 30	c	Article 28(1) prohibits religious instruction in State-funded institutions.
8	Which Article protects cultural and educational rights of minorities?	a) 27 b) 28 c) 29 and 30 d) 31	c	Articles 29–30 ensure minority rights.
9	The right to establish and administer educational institutions belongs to:	a) Only Hindus b) Minorities c) Only religious minorities d) Only linguistic minorities	b	Applies to both linguistic and religious minorities.
10	“Heart and Soul of the Constitution” refers to which Article?	a) 19 b) 21 c) 32 d) 226	c	Article 32 provides the right to constitutional remedies.
11	Who can issue writs under Article 32?	a) District Court b) High Court c) Supreme Court d) Both b and c	c	Only the Supreme Court under Article 32.
12	Which writ is issued to release an unlawfully detained person?	a) Mandamus b) Habeas Corpus c) Certiorari d) Quo Warranto	b	Habeas Corpus protects personal liberty.
13	Public Interest Litigation (PIL) was first recognized in which case?	a) Maneka Gandhi b) S.P. Gupta c) Keshavananda Bharati d) Golaknath	b	S.P. Gupta (1981) initiated the PIL era.
14	Right to Property is now a _______ right.	a) Fundamental b) Legal c) Natural d) Constitutional	b	After 44th Amendment, it became a legal right under Article 300A.
15	Article 33 empowers Parliament to modify Fundamental Rights for:	a) MPs b) Students c) Armed Forces d) Bureaucrats	c	To ensure discipline in forces.
16	Article 34 relates to:	a) Religious freedom b) Martial law c) Right to property d) Child labour	b	Concerns restriction of rights during martial law.
17	Exclusive power to make laws under Article 35 is vested in:	a) States b) Parliament c) Supreme Court d) President	b	Only Parliament can legislate under Article 35.
18	Which Article allows Parliament to indemnify acts done under martial law?	a) 33 b) 34 c) 35 d) 31	b	Article 34 provides for indemnity.
19	The case St. Stephen’s College v. University of Delhi dealt with:	a) Taxation b) Minority education c) Property rights d) Labour rights	b	It protected minority educational rights.
20	The Article ensuring freedom of conscience is:	a) 25 b) 19 c) 32 d) 21	a	Article 25 guarantees freedom of conscience and religion.

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