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Fundamental Rights Notes


The Fundamental Rights (FRs) are enshrined in Part III (Articles 12-35) of the Indian Constitution. They are the cornerstone of Indian democracy and provide civil liberties, equality, and protection against state actions.


Meaning & Features of Fundamental Rights

  • Guaranteed to all citizens and some also apply to non-citizens.
  • Act as limitations on government power to prevent authoritarian rule.
  • Justiciable – Can be enforced by courts.
  • Not absolute – Subject to reasonable restrictions.
  • Suspended during National Emergency (except Article 20 & 21).
  • Can be amended but cannot destroy the “Basic Structure” (Kesavananda Bharati Case, 1973).


Classification of Fundamental Rights (Articles 12-35)

Right Articles
Right to Equality 14-18
Right to Freedom 19-22
Right Against Exploitation 23-24
Right to Freedom of Religion 25-28
Cultural & Educational Rights 29-30
Right to Constitutional Remedies 32-35


Explanation of Each Fundamental Right


Right to Equality (Articles 14-18)

Ensures equal treatment and prohibits discrimination.


Article Provision
Article 14 Equality before law & equal protection of laws (Rule of Law).
Article 15 No discrimination on grounds of religion, race, caste, sex, place of birth.
Article 16 Equal opportunity in public employment (with reservations for SC/ST/OBC).
Article 17 Abolition of Untouchability (punishable under SC/ST Act, 1989).
Article 18 Abolition of titles (except military & academic).

Landmark Case

Indira Sawhney Case (1992) – Upheld OBC reservations but limited them to 50%.



Right to Freedom (Articles 19-22)

Guarantees personal liberties with reasonable restrictions.


Article Provision
Article 19 6 Fundamental Freedoms (speech, assembly, association, movement, residence, profession).
Article 20 Protection against arbitrary conviction (no ex post facto law, no double jeopardy, no self-incrimination).
Article 21 Right to Life & Personal Liberty (includes Right to Privacy, Environment, Education, Livelihood).
Article 21A Right to Education (RTE Act, 2009) – Free & compulsory education for children (6-14 years).
Article 22 Protection against arbitrary arrest (except preventive detention).

Landmark Case:
  • Maneka Gandhi Case (1978) – Expanded Article 21 to include Right to Dignity, Speedy Trial, and Travel Abroad.
  • K.S. Puttaswamy Case (2017) – Declared Right to Privacy as a Fundamental Right.


Right Against Exploitation (Articles 23-24)

Prevents human trafficking and forced labor.


Article Provision
Article 23 Prohibits human trafficking & forced labor (except military/social service).
Article 24 Prohibits child labor (below 14 years) in hazardous industries.

Example:
  • Bonded Labour System (Abolition) Act, 1976 – Bans forced labor.
  • Child Labour (Prohibition and Regulation) Act, 1986 & 2016 Amendment – Regulates child employment.

Right to Freedom of Religion (Articles 25-28)

Ensures religious freedom & state neutrality in religious matters.


Article Provision
Article 25 Freedom of conscience, profession, practice, and propagation of religion.
Article 26 Right to manage religious affairs (temples, churches, mosques).
Article 27 No tax for promoting any religion (state funds cannot support religious activities).
Article 28 Freedom from religious instruction in state-run schools.

Example:
  • S.R. Bommai Case (1994) – Declared secularism as part of the Basic Structure.
  • Triple Talaq Judgment (2017) – Declared instant divorce in Islam unconstitutional.


Cultural & Educational Rights (Articles 29-30)

Protects the rights of minorities to maintain their culture and institutions.


Article Provision
Article 29 Provision
Article 29 Right to conserve culture, language, and script of minorities.
Article 30 Right of minorities to establish and administer educational institutions.

Example:
  • St. Stephen’s College Case (1992) – Minority institutions can have their own admission rules.
  • Right of Children to Free and Compulsory Education (RTE) Act, 2009) – Includes minority schools under Article 30.


Right to Constitutional Remedies (Article 32-35)

Allows citizens to approach the Supreme Court if their Fundamental Rights are violated.


Article Provision
Article 32 Right to move Supreme Court for enforcement of Fundamental Rights.
Article 33 Allows Parliament to restrict FRs for armed forces.
Article 34 Allows restriction of FRs during martial law.
Article 35 Empowers Parliament to legislate on FRs (not state legislatures).

Dr. B.R. Ambedkar called Article 32 the “Heart and Soul of the Constitution”.

Types of Writs Under Article 32:
Writ Purpose
Habeas Corpus “Produce the body” – Prevents illegal detention.
Mandamus “We Command” – Orders a public official to perform duty.
Prohibition Prevents lower courts from exceeding their jurisdiction.
Certiorari Transfers a case from lower court to higher court.
Quo Warranto “By what authority” – Prevents illegal occupation of a public post.

Example: ADM Jabalpur Case (1976) – Habeas Corpus was suspended during Emergency, but later restored.



Suspension of Fundamental Rights During Emergency

  • Article 359 – President can suspend FRs (except Articles 20 & 21) during National Emergency.
  • Article 358 – During Emergency, Article 19 (Freedom of Speech, Movement, etc.) is suspended automatically.
  • Example: During Emergency (1975-77), FRs were suspended. Post-1978, the 44th Amendment restored them.


Key Takeaways for UPSC

  • Fundamental Rights are justiciable and enforceable by courts (Article 32 & 226).
  • They are not absolute; reasonable restrictions apply.
  • Can be suspended during Emergency (except Articles 20 & 21).
  • Article 32 (Right to Constitutional Remedies) is the “Heart and Soul” of the Constitution.
  • Fundamental Rights form part of the “Basic Structure” (Kesavananda Bharati Case, 1973).


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