Fundamental Rights are among the most important parts of the Indian Constitution.
They are placed in Part III of the Constitution and are often called the Magna Carta of the Indian Constitution.
These rights protect individuals from arbitrary action by the State and help maintain democracy, liberty, equality, and dignity.
Table of Contents
Meaning Of Fundamental Rights
Fundamental Rights are basic rights guaranteed by the Constitution.
They are called fundamental because they are essential for the overall development of individuals and for the working of democracy.
If these rights are violated, a person can directly approach the Supreme Court or High Court.
Fundamental Rights Are Six In Number
Earlier, the Right to Property was also a Fundamental Right under Article 31.
But it was removed by the 44th Constitutional Amendment Act, 1978.
Now, property is a legal right under Article 300A.
List Of Fundamental Rights
| Fundamental Right | Articles |
|---|---|
| Right to Equality | Articles 14–18 |
| Right to Freedom | Articles 19–22 |
| Right Against Exploitation | Articles 23–24 |
| Right to Freedom of Religion | Articles 25–28 |
| Cultural and Educational Rights | Articles 29–30 |
| Right to Constitutional Remedies | Article 32 |
Article 12 – Definition Of State
Article 12 defines the term State for Part III.
Fundamental Rights are generally enforceable against the State.
State Includes
- Parliament and Government of India.
- State Legislatures and State Governments.
- Local bodies such as Panchayats, Municipalities and District Boards.
- Other authorities such as NTPC, BPCL, ONGC and similar bodies.
- Instrumentalities of the State.
The Supreme Court has held that even private bodies may fall under Article 12 if they work as an instrument of the State.
Article 13 – Laws Inconsistent With Fundamental Rights
Article 13 gives courts the power to declare a law invalid if it violates Fundamental Rights.
This power is called Judicial Review.
The Supreme Court uses this power under Article 32.
High Courts use this power under Article 226.
Meaning Of Law Under Article 13
The term law includes:
- Permanent laws passed by Parliament or State Legislatures.
- Temporary laws such as ordinances.
- Statutory orders, rules, regulations, bye-laws and notifications.
- Customs or practices having legal force.
In the Kesavananda Bharati Case, 1973, the Supreme Court held that a constitutional amendment can be challenged if it violates the basic structure of the Constitution.
Right To Equality
The Right to Equality is covered under Articles 14 to 18.
Article 14 – Equality Before Law And Equal Protection Of Laws
Article 14 says the State shall not deny any person:
- Equality before law.
- Equal protection of laws.
This right is available to both citizens and foreigners.
It is also available to legal persons such as companies, corporations and registered societies.
Equality Before Law Vs Equal Protection Of Laws
| Equality Before Law | Equal Protection Of Laws |
|---|---|
| British origin | American origin |
| Negative concept | Positive concept |
| No special privilege to any person | Equal treatment in equal circumstances |
| Everyone is subject to ordinary law | Same law applies to similarly placed persons |
Article 15 – Prohibition Of Discrimination
Article 15 prohibits discrimination on the grounds of:
- Religion
- Race
- Caste
- Sex
- Place of birth
The State can make special provisions for women, children, socially and educationally backward classes, Scheduled Castes and Scheduled Tribes.
Article 16 – Equality Of Opportunity In Public Employment
Article 16 provides equality of opportunity in matters of public employment.
It prevents discrimination in government jobs.
However, reservation can be provided for backward classes that are not adequately represented in public services.
Article 17 – Abolition Of Untouchability
Article 17 abolishes untouchability.
Its practice in any form is forbidden.
Any disability arising out of untouchability is an offence punishable by law.
Article 18 – Abolition Of Titles
Article 18 abolishes titles.
The State cannot confer titles except military and academic distinctions.
Indian citizens cannot accept titles from foreign states.
Right To Freedom
The Right to Freedom is covered under Articles 19 to 22.
Article 19 – Six Freedoms
Article 19 provides six freedoms to citizens.
Six Freedoms Under Article 19
- Freedom of speech and expression.
- Freedom to assemble peacefully and without arms.
- Freedom to form associations, unions or co-operative societies.
- Freedom to move freely throughout India.
- Freedom to reside and settle in any part of India.
- Freedom to practise any profession or carry on any occupation, trade or business.
These freedoms are not absolute.
The State can impose reasonable restrictions in the interest of sovereignty, security, public order, decency, morality and other constitutional grounds.
Article 20 – Protection In Respect Of Conviction For Offences
Article 20 protects a person accused of an offence.
It gives three protections:
- No ex-post facto criminal law.
- No double jeopardy, meaning a person cannot be punished twice for the same offence.
- No self-incrimination, meaning an accused person cannot be forced to be a witness against himself.
Article 21 – Protection Of Life And Personal Liberty
Article 21 says that no person shall be deprived of life or personal liberty except according to procedure established by law.
Article 21 is available to both citizens and foreigners.
Over time, the Supreme Court has expanded Article 21 to include many rights connected with dignity and meaningful life.
Important Rights Under Article 21
- Right to privacy.
- Right to live with dignity.
- Right to livelihood.
- Right to shelter.
- Right to health.
- Right to clean environment.
- Right to speedy trial.
- Right to legal aid.
Article 21A – Right To Education
Article 21A provides free and compulsory education to children between 6 and 14 years.
It was added by the 86th Constitutional Amendment Act, 2002.
Article 22 – Protection Against Arrest And Detention
Article 22 gives protection against arbitrary arrest and detention.
It also deals with preventive detention.
A detained person has the right to be informed of the grounds of arrest and to consult a legal practitioner.
Right Against Exploitation
The Right Against Exploitation is covered under Articles 23 and 24.
Article 23 – Prohibition Of Human Trafficking And Forced Labour
Article 23 prohibits:
- Human trafficking.
- Begar.
- Forced labour.
This right protects people from exploitation by both the State and private individuals.
Article 24 – Prohibition Of Child Labour
Article 24 prohibits employment of children below 14 years in factories, mines or hazardous employment.
Right To Freedom Of Religion
The Right to Freedom of Religion is covered under Articles 25 to 28.
Article 25 – Freedom Of Conscience And Religion
Article 25 gives every person freedom of conscience and the right to freely profess, practise and propagate religion.
This right is subject to public order, morality and health.
Article 26 – Rights Of Religious Denominations
Article 26 gives religious denominations the right to:
- Establish and maintain institutions for religious and charitable purposes.
- Manage their own religious affairs.
- Own and acquire property.
- Administer such property according to law.
Article 27 – Freedom From Religious Taxation
Article 27 says that no person shall be compelled to pay taxes for promoting or maintaining any particular religion.
Article 28 – Religious Instruction In Educational Institutions
Article 28 deals with religious instruction in educational institutions.
It prohibits religious instruction in institutions wholly maintained by State funds.
Cultural And Educational Rights
Cultural and Educational Rights are covered under Articles 29 and 30.
Article 29 – Protection Of Interests Of Minorities
Article 29 protects the language, script and culture of citizens.
It gives citizens the right to conserve their distinct culture.
Article 30 – Right Of Minorities To Establish Educational Institutions
Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions of their choice.
Right To Constitutional Remedies
The Right to Constitutional Remedies is covered under Article 32.
Dr. B.R. Ambedkar called Article 32 the Heart and Soul of the Constitution.
Article 32 – Direct Access To Supreme Court
Article 32 allows a person to directly approach the Supreme Court for enforcement of Fundamental Rights.
The Supreme Court can issue writs for this purpose.
Five Types Of Writs
| Writ | Meaning |
|---|---|
| Habeas Corpus | To produce a detained person before the court |
| Mandamus | To command a public authority to perform its duty |
| Prohibition | To stop a lower court or tribunal from exceeding jurisdiction |
| Certiorari | To transfer or quash an order of a lower court or tribunal |
| Quo Warranto | To question the legality of a person holding public office |
Article 33 – Armed Forces And Fundamental Rights
Article 33 allows Parliament to restrict or modify Fundamental Rights of members of:
- Armed forces.
- Police forces.
- Intelligence organisations.
- Forces responsible for maintaining public order.
This is done to ensure discipline and proper performance of duties.
Article 34 – Martial Law
Article 34 deals with restriction of Fundamental Rights during martial law in any area.
It also allows Parliament to indemnify acts done during the operation of martial law.
Article 35 – Parliament’s Power To Make Laws
Article 35 gives Parliament the power to make laws for giving effect to certain Fundamental Rights.
It covers matters such as:
- Residence requirements for public employment.
- Writs and directions.
- Restriction of rights of armed forces.
- Punishment for untouchability.
- Punishment for human trafficking and forced labour.
Article 35 extends Parliament’s power even to some matters that may otherwise fall under the State List.
Important Facts At A Glance
| Topic | Important Fact |
|---|---|
| Part | Part III |
| Articles | Articles 12 to 35 |
| Called | Magna Carta of Indian Constitution |
| Number of Fundamental Rights | Six |
| Article 12 | Definition of State |
| Article 13 | Judicial Review |
| Article 14 | Equality before law |
| Article 15 | Prohibition of discrimination |
| Article 16 | Equality in public employment |
| Article 17 | Abolition of untouchability |
| Article 18 | Abolition of titles |
| Article 19 | Six freedoms |
| Article 21 | Life and personal liberty |
| Article 21A | Right to Education |
| Article 23 | Human trafficking and forced labour prohibited |
| Article 24 | Child labour in hazardous work prohibited |
| Article 32 | Constitutional remedies |
| Right to Property | Legal right under Article 300A |
| Right to Property removed by | 44th Amendment Act, 1978 |
FAQs On Fundamental Rights In India
Which Part of the Constitution deals with Fundamental Rights?
Fundamental Rights are mentioned in Part III of the Constitution.
Which Articles deal with Fundamental Rights?
Fundamental Rights are mainly covered from Article 12 to Article 35.
How many Fundamental Rights are there in India?
There are six Fundamental Rights in India.
Why is Part III called the Magna Carta of the Constitution?
Part III is called the Magna Carta because it protects basic rights and freedoms of individuals against arbitrary State action.
What is Article 12?
Article 12 defines the term State for the purpose of Fundamental Rights.
What is Article 13?
Article 13 gives courts the power to declare laws void if they violate Fundamental Rights.
Which Article provides equality before law?
Article 14 provides equality before law and equal protection of laws.
Which Article abolishes untouchability?
Article 17 abolishes untouchability.
Which Article gives six freedoms?
Article 19 gives six freedoms to citizens.
Which Article protects life and personal liberty?
Article 21 protects life and personal liberty.
Which Article provides Right to Education?
Article 21A provides free and compulsory education to children aged 6 to 14 years.
Which Article is called the Heart and Soul of the Constitution?
Article 32 is called the Heart and Soul of the Constitution.
Who called Article 32 the Heart and Soul of the Constitution?
Dr. B.R. Ambedkar called Article 32 the Heart and Soul of the Constitution.
What are the five writs under Article 32?
The five writs are Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Is Right to Property a Fundamental Right?
No. Right to Property is no longer a Fundamental Right. It is now a legal right under Article 300A.
Which amendment removed Right to Property from Fundamental Rights?
The 44th Constitutional Amendment Act, 1978 removed Right to Property as a Fundamental Right.
Last Moment Exam Cheat Sheet – Fundamental Rights In India
- Part III – Fundamental Rights.
- Articles 12 to 35 – Fundamental Rights provisions.
- Magna Carta – Part III is called the Magna Carta of the Constitution.
- Six Fundamental Rights – Equality, Freedom, Against Exploitation, Religion, Cultural and Educational Rights, Constitutional Remedies.
- Article 12 – Definition of State.
- Article 13 – Judicial Review.
- Article 14 – Equality before law and equal protection of laws.
- Article 15 – No discrimination on religion, race, caste, sex or place of birth.
- Article 16 – Equality of opportunity in public employment.
- Article 17 – Abolition of untouchability.
- Article 18 – Abolition of titles.
- Article 19 – Six freedoms.
- Article 20 – Protection in criminal conviction.
- Article 21 – Life and personal liberty.
- Article 21A – Right to Education for children aged 6 to 14 years.
- Article 22 – Protection against arrest and detention.
- Article 23 – Prohibits human trafficking and forced labour.
- Article 24 – Prohibits child labour below 14 years in hazardous work.
- Articles 25 to 28 – Freedom of religion.
- Articles 29 to 30 – Cultural and educational rights.
- Article 32 – Right to Constitutional Remedies.
- Article 32 – Called the Heart and Soul of the Constitution by B.R. Ambedkar.
- Five writs – Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
- Right to Property – Removed as Fundamental Right by 44th Amendment Act, 1978.
- Article 300A – Property is now a legal right.