What are Fundamental Rights? Fundamental Rights are a charter of rights contained in Part III (Articles 12 to 35) of the Indian Constitution. They are guaranteed to all citizens (and some to foreigners) to protect them against the arbitrary actions of the State. They are justiciable, meaning one can move the Supreme Court directly under Article 32 for their enforcement.
Introduction to Part III (Magna Carta of India)
Part III is described as the 'Magna Carta of India'. It promotes political democracy by preventing the establishment of authoritarian rule and protecting the liberties of the people.
Features of Fundamental Rights
- Justiciable: Enforceable by courts.
- Not Absolute: Subject to reasonable restrictions.
- Against State: Mostly available against State action (some also against private individuals, e.g., Art 17, 23).
- Amendable: Can be amended but without violating the 'Basic Structure'.
- Suspension: Can be suspended during National Emergency (except Articles 20 and 21).
Classification of Rights (6 Categories)
Originally, there were 7 fundamental rights. The Right to Property (Article 31) was deleted by the 44th Amendment Act, 1978 and made a legal right under Article 300A.
| Category | Articles | Key Rights |
|---|---|---|
| Right to Equality | 14 - 18 | Equality before law, Prohibition of discrimination, Equality of opportunity, Abolition of untouchability & titles. |
| Right to Freedom | 19 - 22 | Speech & Expression, Protection in conviction, Right to Life & Liberty, Education, Arrest protection. |
| Right against Exploitation | 23 - 24 | Prohibition of human trafficking and child labour. |
| Right to Freedom of Religion | 25 - 28 | Freedom of conscience, Manage religious affairs, Payment of taxes, Religious instruction. |
| Cultural & Educational Rights | 29 - 30 | Protection of minorities' interests and right to establish educational institutions. |
| Right to Constitutional Remedies | 32 | Right to move Supreme Court (Soul of the Constitution). |
Definition of State (Article 12)
The term 'State' includes:
- Government and Parliament of India.
- Government and Legislature of States.
- All local authorities (Municipalities, Panchayats).
- Other authorities (LIC, ONGC, SAIL, etc.).
Laws Inconsistent with FRs (Article 13)
Article 13 declares that all laws that are inconsistent with or in derogation of any of the fundamental rights shall be void. This provides the basis for Judicial Review.
Writs (Article 32)
Dr. Ambedkar called Article 32 the "Heart and Soul of the Constitution". The Supreme Court (under Art 32) and High Courts (under Art 226) can issue writs:
- Habeas Corpus: "To have the body of" (Release unlawfully detained person).
- Mandamus: "We Command" (Order to public official to perform duty).
- Prohibition: To forbid a lower court from exceeding jurisdiction.
- Certiorari: "To be certified" (Quash order of lower court).
- Quo-Warranto: "By what authority" (Check legality of claim to public office).
Quick Facts for UPSC
- Foreigners: Articles 15, 16, 19, 29, 30 are available ONLY to citizens. Rest are available to both.
- Martial Law: Art 34 provides restriction on FRs while martial law is in force.
- Armed Forces: Art 33 empowers Parliament to restrict FRs of armed forces.
- Custodians: SC is the guarantor and defender of FRs.
Suspension of Rights
During a National Emergency (Article 352):
- Article 19 is suspended mainly on grounds of war or external aggression (not armed rebellion).
- Articles 20 and 21 cannot be suspended under any circumstance (44th Amendment).
UPSC Previous Year Questions (Selected)
Q1. 'Right to Privacy' is protected under which Article of the Constitution of India? (Prelims 2021)
A. Article 15
B. Article 19
C. Article 21
D. Article 29
Answer: C. The KS Puttaswamy judgment declared Right to Privacy as a fundamental right under Article 21 (Right to Life and Personal Liberty).
Q2. Which Article of the Constitution of India safeguards one's right to marry the person of one's choice? (Prelims 2019)
A. Article 19
B. Article 21
C. Article 25
D. Article 29
Answer: B. Hadiya Case judgment.
Practice MCQs
- Which of the following Fundamental Rights are available only to Indian Citizens?
A. Article 14, 15, 16
B. Article 15, 16, 19, 29, 30
C. Article 16, 19, 21, 25
D. Article 19, 20, 21, 22 - The 'Heart and Soul of the Constitution' refers to:
A. Preamble
B. Article 19
C. Article 32
D. Article 21 - Right to Property was removed from the list of Fundamental Rights by which Amendment?
A. 42nd
B. 44th
C. 52nd
D. 61st - Under Article 12, 'State' does NOT include:
A. ONGC
B. LIC
C. Judiciary (while performing judicial functions)
D. State Legislature - Writs can be issued by:
A. Supreme Court only
B. High Courts only
C. Supreme Court and High Courts
D. Supreme Court, High Courts and District Courts
View Answer Key
1. B | 2. C | 3. B | 4. C | 5. C
Related Topics
Frequently Asked Questions
Are Fundamental Rights absolute?
No, they are subject to reasonable restrictions imposed by the state on grounds such as sovereignty, security, public order, and morality.
Can Fundamental Rights be amended?
Yes, Parliament can amend them under Article 368, provided it does not alter the "Basic Structure" of the Constitution (Kesavananda Bharati case).
Which rights are available to foreigners?
Rights like Equality before Law (Art 14), Protection in conviction (Art 20), Right to Life (Art 21), Religion (Art 25-28) are available to foreigners. Art 15, 16, 19, 29, 30 are for citizens only.
What is the difference between Art 32 and Art 226?
Article 32 is itself a Fundamental Right (remedy) to move the SC. Article 226 gives High Courts writ power, which is discretionary and wider (can issue writs for other purposes too).