Fundamental Rights — Indian Constitution
Overview
Part III (Articles 12-35) — Most important for UPSC Prelims and Mains
Why Fundamental Rights?
• Protect individuals from arbitrary state action
• Justiciable — can be enforced in courts (unlike Directive Principles)
• Dr. Ambedkar called Article 32 "heart and soul" of Constitution
Six Fundamental Rights
1. Right to Equality (Articles 14-18)
Article 14: Equality before law + Equal protection of laws
• Equality before law = British concept = No special privileges
• Equal protection = American concept = Equals treated equally
Article 15: No discrimination on grounds of religion, race, caste, sex, place of birth
• Exception: State can make special provisions for women, children, SC/ST, OBC
Article 16: Equality of opportunity in public employment
• Exception: Reservation for backward classes (OBC, SC, ST)
Article 17: Abolition of Untouchability
• Enforcement: Protection of Civil Rights Act 1955
Article 18: Abolition of Titles
• No titles except military/academic awards
• Indians cannot accept foreign titles without President's permission
2. Right to Freedom (Articles 19-22)
Article 19 — Six Freedoms:
1. Speech and expression
2. Peaceful assembly (without arms)
3. Form associations/unions
4. Move freely throughout India
5. Reside anywhere in India
6. Practice any profession
Reasonable restrictions can be imposed by state on grounds of:
• Sovereignty, security, public order, decency, morality, contempt of court
Article 20: Protection against conviction
• No ex-post-facto law
• No double jeopardy
• No self-incrimination
Article 21: Right to Life and Personal Liberty ← MOST IMPORTANT
• "No person shall be deprived of his life or personal liberty except according to procedure established by law"
• Expanded by courts to include: right to livelihood, privacy, education, health, environment
Article 21A: Right to Education (added by 86th Amendment 2002)
• Free and compulsory education for 6-14 years
Article 22: Protection against arbitrary arrest
• Right to know grounds of arrest
• Right to consult lawyer
• Produced before magistrate within 24 hours
3. Right Against Exploitation (Articles 23-24)
Article 23: Prohibition of traffic in human beings and forced labour
Article 24: No employment of children below 14 years in factories/mines
4. Right to Freedom of Religion (Articles 25-28)
Article 25: Freedom of conscience, freely profess, practice, propagate religion
Article 26: Religious denominations can manage own religious affairs
Article 28: No religious instruction in state-funded institutions
5. Cultural and Educational Rights (Articles 29-30)
Article 29: Minorities can conserve their culture, language, script
Article 30: Minorities (religious/linguistic) have right to establish educational institutions
• State cannot discriminate against minority institutions in granting aid
6. Right to Constitutional Remedies (Article 32)
Article 32: Right to move Supreme Court for enforcement of Fundamental Rights
• Dr. Ambedkar: "Heart and soul of Constitution"
• Itself a Fundamental Right
• SC can issue writs:
1.
Habeas Corpus — "Produce the body" — release from illegal detention
2.
Mandamus — "We command" — order public official to perform duty
3.
Prohibition — Inferior court not to exceed jurisdiction
4.
Certiorari — Quash order of inferior court
5.
Quo Warranto — By what authority do you hold office
Important Points
• FRs are available against state action, not private individuals (except Art 17, 23, 24)
• Can be suspended during National Emergency (except Art 20, 21)
• Parliament can amend FRs but cannot destroy basic structure (Kesavananda Bharati case 1973)
PYQ
Q: Explain the six Fundamental Rights with important articles.
Q: Write a note on Article 21 and its judicial expansion.
Q: Distinguish between Fundamental Rights and Directive Principles.