Classification of fundamental rights

A.   From the point of view of person to whom they are available

I.    Granted only to citizens (Only Indians)

1)      Art. 15 - Protection from discrimination on grounds only of religion, race, caste, sex or place of birth

2)      Art. 16 - Equality of opportunity in matters of public employment.

3)      Art. 19 - Freedom of speech, assembly, association, movement, residence and profession

4)      Art. 30 - cultural and educational rights

II.    Available to any person on the soil of India (Indians + Foreigners in India)

1)      Art. 14 - Equality before law and equal protection of law

2)      Art. 20 - Protection in respect of conviction against ex-post facto laws, double jeopardy and self-incrimination

3)      Art. 21 - Protection of life and personal liberty against action without authority of law

4)      Art. 23 - Right against exploitation

5)      Art. 25 - Freedom of religion

6)      Art. 27 - Freedom as to pay taxes for the promotion of any particular religion

7)      Art. 28 - Freedom as to attendance at religious instruction or worship in state education institutions

B.    Negatively and positively worded

    I.        Negatively worded

Some of the fundamental rights are negatively worded, as prohibition to the State

Eg. - Art. 14, Art. 15(1), Art. 16(2), Art. 18(1), Art. 20, Art. 22(1), Art. 28(1)

 II.        Positively worded

Others which are positively worded, confers some benefits upon the individual

Eg. - Art. 29(1), Art. 30(1)

C.    On the basis of extent of limitation imposed by the different fundamental rights upon legislative power

I.    Fundamental rights addressed against the executive but impose no limitation upon the legislature

Art. 21 is the perfect example which states that no person shall be deprived of his life or personal liberty except according to the procedure established by law.

v  The Supreme Court held that a competent legislature is entitled to lay down any procedure for the deprivation of personal liberty, and that courts cannot interfere with such laws on the ground that it is unjust, unfair or unreasonable.

v  The object of Art. 21 is not to impose any limitation upon the legislative power but only to ensure that the executive does not take away man's liberty except under the authority of a valid law and in strict conformity with the procedures laid down by such law.

II.   Fundamental rights which are intended as absolute limitations upon the legislative power so that it is not open to the legislature to regulate the exercise of such rights.

Eg. - Art. 15, Art. 17, Art. 18, Art. 20, Art. 24

III. Fundamental rights which impose reasonable restrictions upon exercise of these rights, in the public interest.

Eg. - Art. 19 - It is binding upon both the executive and the legislature, however these authorities are permitted by the Constitution to make valid exceptions to the rights within limits imposed by the Constitution.

v  Such grounds are security of the State, public order, public morality and the like.