Fundamental Rights under Part-III
1. What Fundamental Rights Are
Fundamental Rights (FR) = justiciable (enforceable via courts, Art 32 SC and Art 226 HC writs) rights in Part III (Art 12–35) that protect individual liberty against arbitrary State action; called Magna Carta of India. They are not absolute — reasonable restrictions (Art 19(2)–(6) etc.) and can be amended (but basic structure intact per Kesavananda).
Definition of State (Art 12) includes Government, Parliament, Legislature, local authorities, and "other authorities" (for FR applicability).
2. Six Fundamental Rights (as after 44th Amendment — Right to Property deleted as FR, now legal right Art 300A)
| Group | Articles | Content (one-line) |
|---|---|---|
| 1. Right to Equality | Art 14–18 | Equality before law (14), no discrimination on religion, race, caste, sex, place (15), equal opportunity in public employment (16), abolition of untouchability (17), abolition of titles (18) |
| 2. Right to Freedom | Art 19–22 | 19(1) six freedoms: speech, assembly, association, movement, residence, profession; 19(2)–(6) reasonable restrictions; Art 20 protection against ex-post facto, double jeopardy, self-incrimination; Art 21 life & personal liberty (expanded via Maneka to dignity, privacy); 21A RTE (6–14 yrs) added 86th; 22 protection against arrest |
| 3. Right against Exploitation | Art 23–24 | Prohibition of trafficking and forced labour (23), child labour (<14 in hazardous) (24) |
| 4. Right to Freedom of Religion | Art 25–28 | Freedom of conscience, profession, practice, propagation (25), manage religious affairs (26), no taxation for promotion of religion (27), no religious instruction in State-funded education (28) |
| 5. Cultural & Educational Rights | Art 29–30 | Protection of language/script/culture (29), right of minorities to establish/administrate educational institutions (30) |
| 6. Right to Constitutional Remedies | Art 32–35 | Heart and soul (Ambedkar) — right to move SC via Writs: Habeas Corpus (produce body), Mandamus (command), Prohibition, Certiorari, Quo Warranto; Art 32 itself is FR (cannot be suspended except emergency via Art 359) |
3. Key Features
- Justiciable: can move courts; SC's Art 32 and HC's Art 226 writ jurisdiction.
- Not absolute: reasonable restrictions for sovereignty, public order, morality, health etc.
- Amendable: 24th Amendment (1971) allows Parliament to amend FR (but Kesavananda 1973 says basic structure cannot be destroyed; FR are part of basic structure in essence).
- During Emergency (Art 352): Art 19 automatically suspended (44th limited to war/external aggression), and President under Art 359 may suspend enforcement of other FR except Art 20 & 21 (44th protection).
4. Worked Checks
Writ example: detainee seeks Habeas Corpus in SC under Art 32.
Violation: State denies job solely on religion ⇒ Art 16 violation, court can issue Mandamus.
Art 21 expanded: includes right to privacy (Puttaswamy 2017), dignity.
5. Exam Points
- List six FR with Articles 12–35 and one-line each — 7-10 marks, almost certain (the most common FR question).
- Explain Art 32 writs (five writs) — 5-7 marks, very frequent.
- Show FR not absolute, reasonable restrictions — 5 marks, frequent.
- Mention 44th deletion of Right to Property (now legal) — 3-5 marks, frequent.
- Distinguish FR vs DPSP (Part III justiciable vs Part IV non-justiciable) — 5 marks, frequent.