Fundamental Rights in the Indian Constitution
Fundamental Rights are the basic human freedoms guaranteed to every citizen and, in some cases, to every person. They are contained in Part III of the Constitution and are often called the Magna Carta of India. Because they limit the power of the State and can be enforced in the courts, they are among the most important and most frequently tested parts of Indian polity.
Introduction and Background
Part III of the Constitution, comprising Articles 12 to 35, deals with Fundamental Rights. They were inspired by the Bill of Rights of the United States Constitution and are justiciable, which means a person can move the Supreme Court or a High Court if they are violated. Article 12 defines the “State” for the purpose of Fundamental Rights, and Article 13 provides that any law inconsistent with a Fundamental Right shall be void; this is the basis of judicial review. The original Constitution had seven Fundamental Rights, but the Right to Property was removed by the 44th Amendment (1978), and today there are six Fundamental Rights. The Right to Property is now a legal right under Article 300A.
The Six Fundamental Rights
- Right to Equality (Articles 14 to 18): equality before law and equal protection of laws (Article 14), prohibition of discrimination on grounds of religion, race, caste, sex or place of birth (Article 15), equality of opportunity in public employment (Article 16), abolition of untouchability (Article 17) and abolition of titles (Article 18).
- Right to Freedom (Articles 19 to 22): the six freedoms of speech and expression, assembly, association, movement, residence and profession (Article 19); protection in respect of conviction for offences (Article 20); protection of life and personal liberty (Article 21); right to elementary education (Article 21A); and protection against arrest and detention in certain cases (Article 22).
- Right against Exploitation (Articles 23 and 24): prohibition of traffic in human beings and forced labour (Article 23) and prohibition of employment of children below fourteen years in factories, mines and hazardous work (Article 24).
- Right to Freedom of Religion (Articles 25 to 28): freedom of conscience and the right to profess, practise and propagate religion, and related rights of religious denominations.
- Cultural and Educational Rights (Articles 29 and 30): protection of the interests of minorities and the right of minorities to establish and administer educational institutions.
- Right to Constitutional Remedies (Article 32): the right to move the Supreme Court for the enforcement of Fundamental Rights.
Writs and Emergency Provisions
Article 32 is called the “heart and soul” of the Constitution by Dr. B. R. Ambedkar because it makes the other Fundamental Rights effective. Under Article 32 and Article 226, courts can issue five writs: Habeas Corpus (to produce a person unlawfully detained), Mandamus (to command a public authority to do its duty), Prohibition (to prevent a lower court from exceeding its jurisdiction), Certiorari (to quash an order of a lower court) and Quo Warranto (to question the authority by which a person holds a public office).
During a National Emergency, the rights guaranteed by Articles 20 and 21 can never be suspended. The right to move the courts for the enforcement of other Fundamental Rights may be suspended under Article 359, and the six freedoms of Article 19 can be suspended under Article 358 in case of a war or external aggression.
Why This Topic Matters for Exams
Fundamental Rights are asked in almost every examination, including ADRE, APSC, Assam Police, DHS, SSC and Railway. Questions usually test the article number connected with a particular right, the number of Fundamental Rights, the meaning of a writ, the amendment that removed the Right to Property, and the rights that cannot be suspended during an emergency. Since the article numbers are fixed, this is a high-scoring topic when revised properly.
How to Prepare This Topic
- Learn the six Fundamental Rights and the article ranges for each.
- Memorise the article-number pairs, such as 14 for equality, 17 for untouchability, 21 for life and 32 for remedies.
- Remember the five writs and the exact purpose of each.
- Note that the Right to Property was removed by the 44th Amendment and is now under Article 300A.
- Revise the emergency position: Articles 20 and 21 can never be suspended.
- Practise the twenty-five questions on this page twice.
Common Exam Traps
- There are now six Fundamental Rights, because the Right to Property was removed by the 44th Amendment.
- Article 32 is the Right to Constitutional Remedies; Article 21 is the Right to Life and Personal Liberty.
- Article 24 prohibits child labour below fourteen years, not eighteen.
- Habeas Corpus is issued to produce an unlawfully detained person; it is not the same as Mandamus.
- Articles 20 and 21 are the two rights that can never be suspended during a National Emergency.
Frequently Asked Questions
What is the importance of Article 32?
Article 32 gives a person the right to move the Supreme Court directly for the enforcement of Fundamental Rights. Dr. B. R. Ambedkar called it the heart and soul of the Constitution because without a remedy a right has little value. Under Article 32 the Supreme Court can issue writs such as habeas corpus, mandamus, prohibition, certiorari and quo warranto. A similar power is given to the High Courts under Article 226.
Why was the Right to Property removed from the Fundamental Rights?
The Right to Property created difficulties for land reform and social welfare legislation, because laws meant to redistribute land were frequently challenged as violations of the right. To remove this obstacle, the 44th Amendment Act of 1978 removed the Right to Property from Part III. It was retained as a legal right under Article 300A, so a person can still not be deprived of property except by authority of law, but the right can be regulated by ordinary legislation.
Which Fundamental Rights cannot be suspended during an emergency?
The rights guaranteed by Article 20 (protection in respect of conviction for offences) and Article 21 (protection of life and personal liberty) can never be suspended, even during a National Emergency. This protection was strengthened after the 44th Amendment. Other Fundamental Rights may be affected during an emergency, and the right to move the courts may be suspended under Article 359, but Articles 20 and 21 always remain in force.
What is the difference between Article 14 and Article 15?
Article 14 guarantees equality before the law and the equal protection of the laws to all persons within the territory of India. Article 15 is more specific: it prohibits discrimination by the State on grounds of religion, race, caste, sex or place of birth. Article 15 also permits special provisions for women, children, and socially and educationally backward classes, including the Scheduled Castes and Scheduled Tribes.
What does Article 12 mean by the State?
For the purpose of Part III, the State includes the Government and Parliament of India, the Government and legislature of each state, all local authorities such as municipalities and panchayats, and other authorities within the territory of India or under the control of the Government of India. The courts have interpreted other authorities to include statutory bodies and, in many cases, bodies performing public functions. Fundamental Rights can generally be claimed against the State as defined in Article 12.