60-second revision
- Fundamental Rights sit in Part III, Articles 12–35. Part IV = Directive Principles; Part II = Citizenship.
- Art 17 abolishes untouchability; Art 18 abolishes titles (military and academic distinctions allowed).
- Right to Property was deleted from Part III by the 44th Amendment (1978); it is now a legal right under Art 300A.
- Art 21A (free and compulsory education, ages 6–14) was added by the 86th Amendment (2002).
- Art 24 bans employing children below 14 in factories, mines and hazardous work.
- Art 20 = no ex post facto criminal law, no double jeopardy, no self-incrimination.
- Ambedkar called Art 32 (constitutional remedies) the heart and soul of the Constitution.
- Under Art 359, Articles 20 and 21 can never be suspended, even in a National Emergency (44th Amendment).
Where Fundamental Rights sit
Fundamental Rights (FRs) are in Part III of the Constitution, Articles 12 to 35. They were inspired largely by the US Bill of Rights and are justiciable, meaning a person can go to court if they are violated. Do not mix up the neighbouring Parts: Part II deals with Citizenship (Arts 5–11) and Part IV holds the Directive Principles of State Policy (Arts 36–51), which are not enforceable in court.
Originally there were seven groups of rights. The Right to Property was removed in 1978, leaving six.
| Group | Articles | Core content |
|---|---|---|
| Right to Equality | 14–18 | Equality before law, no discrimination, equal opportunity in public jobs, no untouchability, no titles |
| Right to Freedom | 19–22 | Six freedoms, protection in conviction, life and liberty, education, safeguards on arrest |
| Right against Exploitation | 23–24 | No trafficking or forced labour, no child labour in hazardous work |
| Right to Freedom of Religion | 25–28 | Conscience, practice and propagation; managing religious affairs; no religious tax or compulsory religious instruction |
| Cultural and Educational Rights | 29–30 | Protection of minorities' language, script and culture; minorities' right to run educational institutions |
| Right to Constitutional Remedies | 32 | Right to move the Supreme Court to enforce FRs |
Articles 12 and 13 — the foundation
- Art 12 defines 'the State' for Part III: Union and state governments, Parliament, state legislatures, local authorities and other authorities (bodies the courts treat as instrumentalities of the State).
- Art 13 declares void any law inconsistent with Fundamental Rights. It is the textual basis of judicial review over laws. 'Law' includes ordinances, orders, bye-laws, rules and regulations.
Right to Equality (Arts 14–18)
- Art 14: equality before law (British idea) and equal protection of laws (American idea). Available to all persons.
- Art 15: no discrimination by the State on grounds only of religion, race, caste, sex or place of birth. Art 15(4), added by the 1st Amendment (1951), allows special provisions for socially and educationally backward classes, SCs and STs.
- Art 16: equality of opportunity in public employment. Art 16(4) allows reservation in posts for backward classes not adequately represented.
- Art 17: abolishes untouchability and forbids its practice in any form; enforced through the Protection of Civil Rights Act, 1955.
- Art 18: abolishes titles. Military and academic distinctions are exempt. Citizens cannot accept titles from a foreign state.
Right to Freedom (Arts 19–22)
Art 19(1) originally listed seven freedoms. Sub-clause (f), the right to acquire, hold and dispose of property, was deleted by the 44th Amendment (1978). The six that remain, all subject to reasonable restrictions under Art 19(2)–(6):
| Clause | Freedom |
|---|---|
| 19(1)(a) | Speech and expression (courts read press freedom into it) |
| 19(1)(b) | Assemble peaceably and without arms |
| 19(1)(c) | Form associations or unions (co-operative societies added by the 97th Amendment, 2011) |
| 19(1)(d) | Move freely throughout India |
| 19(1)(e) | Reside and settle in any part of India |
| 19(1)(g) | Practise any profession, or carry on any occupation, trade or business |
- Art 20: protection in respect of conviction for offences — (1) no ex post facto criminal law, (2) no double jeopardy (not prosecuted and punished twice for the same offence), (3) no person accused of an offence can be compelled to be a witness against himself (self-incrimination).
- Art 21: no person shall be deprived of life or personal liberty except according to procedure established by law. Courts have read many rights into it (privacy, livelihood, clean environment, speedy trial).
- Art 21A: the State shall provide free and compulsory education to all children aged 6 to 14. Inserted by the 86th Amendment (2002), which also rewrote Art 45 (a Directive Principle on early childhood care) and added Art 51A(k), a Fundamental Duty of parents to provide education opportunities.
- Art 22: safeguards on arrest — right to be told the grounds, to consult a lawyer, and to be produced before a magistrate within 24 hours. It also governs preventive detention (detention beyond three months needs an Advisory Board report).
Right against Exploitation (Arts 23–24)
- Art 23: prohibits traffic in human beings, begar (forced unpaid labour) and other forced labour. The State may still impose compulsory service for public purposes, such as military service.
- Art 24: no child below 14 years may be employed in a factory, mine or any other hazardous employment.
Religion, culture and education (Arts 25–30)
| Article | Right |
|---|---|
| 25 | Freedom of conscience and free profession, practice and propagation of religion |
| 26 | Freedom of religious denominations to manage their own affairs |
| 27 | No compulsion to pay taxes for promoting any particular religion |
| 28 | No religious instruction in institutions wholly maintained by State funds |
| 29 | Any section of citizens may conserve its distinct language, script or culture |
| 30 | Religious and linguistic minorities may establish and administer educational institutions of their choice |
Citizens only vs all persons
| Available only to citizens | Available to all persons (incl. foreigners) |
|---|---|
| Art 15, 16, 19, 29, 30 | Art 14, 20, 21, 21A, 22, 23, 24, 25–28 |
Article 32 and the five writs
Art 32 guarantees the right to move the Supreme Court for enforcement of FRs — itself a Fundamental Right. Dr B. R. Ambedkar called it the very heart and soul of the Constitution. The Supreme Court (Art 32) and High Courts (Art 226) issue writs; High Courts' power is wider because it also covers legal rights, not just FRs.
| Writ | Literal meaning | What it does | Issued against |
|---|---|---|---|
| Habeas corpus | To have the body | Orders a detained person to be produced in court so the legality of detention is examined | Public authorities and private individuals |
| Mandamus | We command | Orders a public official or body to perform a public duty it has failed to do | Public officials, bodies, lower courts, tribunals; not private individuals, the President or Governors |
| Prohibition | To forbid | Stops a lower court or tribunal from exceeding its jurisdiction while the case is pending (preventive) | Judicial and quasi-judicial bodies |
| Certiorari | To be certified / informed | Transfers a case or quashes an order already passed by a lower court or tribunal (curative) | Judicial and quasi-judicial bodies; Supreme Court has also allowed it against administrative authorities affecting rights |
| Quo warranto | By what authority | Questions a person's legal right to hold a public office | Holder of a substantive public office created by statute or Constitution |
Arts 33–35 and emergencies
- Art 33: Parliament may restrict or abrogate FRs of the armed forces, police and similar forces.
- Art 34: restrictions on FRs while martial law is in force in an area.
- Art 35: only Parliament (not state legislatures) can make laws to give effect to certain FRs.
- Art 358: during a National Emergency declared on the ground of war or external aggression, Art 19 is automatically suspended. After the 44th Amendment, this does not apply to an emergency on the ground of armed rebellion.
- Art 359: the President may suspend the right to move courts for enforcement of FRs — but never Articles 20 and 21 (44th Amendment, 1978).
Property after 1978
The 44th Amendment deleted Art 19(1)(f) and Art 31. Property became a constitutional (legal) right under Art 300A in Part XII: no person can be deprived of property save by authority of law. It is enforceable through ordinary courts and Art 226, but not through Art 32.
Landmark cases (one line each)
- Golaknath (1967): Parliament cannot amend Fundamental Rights — later overruled.
- Kesavananda Bharati (1973): Parliament can amend any part, including FRs, but cannot alter the basic structure of the Constitution.
- Maneka Gandhi (1978): 'procedure established by law' under Art 21 must be just, fair and reasonable, not arbitrary — widening Art 21 and linking it with Arts 14 and 19.
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