Fundamental Rights (Articles 12–35): Complete Notes for SSC, Railway & State Exams

Fundamental Rights are the basic human freedoms guaranteed to every citizen by the Indian Constitution. They are contained in PART III (Articles 12 to 35) and are often called the "Magna Carta of India". They were inspired by the Bill of Rights of the United States Constitution. Fundamental Rights are justiciable — if the State violates them, a citizen can directly approach the courts. They are enforceable against the State and place limits on the power of the government. KEY DEFINITION ARTICLES • Article 12 — Defines the "State" (includes the Government and Parliament of India, the Government and Legislature of each State, and all local or other authorities). • Article 13 — Any law that takes away or violates a Fundamental Right is void. This article is the basis for Judicial Review. THE SIX FUNDAMENTAL RIGHTS 1) RIGHT TO EQUALITY (Articles 14–18) • Article 14 — Equality before law and equal protection of the laws. • Article 15 — Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. • Article 16 — Equality of opportunity in matters of public employment. • Article 17 — Abolition of Untouchability. • Article 18 — Abolition of Titles (except military and academic distinctions). 2) RIGHT TO FREEDOM (Articles 19–22) • Article 19 — Six freedoms: (a) speech and expression, (b) assembly, (c) association, (d) movement, (e) residence, and (f) profession, occupation, trade or business. • Article 20 — Protection in respect of conviction for offences (no double jeopardy, no self-incrimination, no ex-post-facto law). • Article 21 — Protection of life and personal liberty. Article 21A, added by the 86th Amendment (2002), makes free education for children aged 6–14 years a Fundamental Right. • Article 22 — Protection against arrest and detention in certain cases. 3) RIGHT AGAINST EXPLOITATION (Articles 23–24) • Article 23 — Prohibition of human trafficking, begar and other forms of forced labour. • Article 24 — Prohibition of employment of children below 14 years in factories, mines and other hazardous work. 4) RIGHT TO FREEDOM OF RELIGION (Articles 25–28) • Article 25 — Freedom of conscience and the free profession, practice and propagation of religion. • Article 26 — Freedom to manage religious affairs. • Article 27 — No person can be compelled to pay taxes for the promotion of any particular religion. • Article 28 — No religious instruction in educational institutions wholly funded by the State. 5) CULTURAL AND EDUCATIONAL RIGHTS (Articles 29–30) • Article 29 — Protection of the language, script and culture of minorities. • Article 30 — Right of minorities to establish and administer educational institutions of their choice. 6) RIGHT TO CONSTITUTIONAL REMEDIES (Article 32) • Article 32 — 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". • The five Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. RIGHT TO PROPERTY — IMPORTANT POINT Originally there were SEVEN Fundamental Rights. The Right to Property (Article 31) was removed from Part III by the 44th Constitutional Amendment Act, 1978. It is now only a legal right under Article 300A — it is no longer a Fundamental Right. OTHER PROVISIONS • Article 33 — Parliament can restrict the Fundamental Rights of the armed forces, police and similar forces. • Article 34 — Restriction on rights while martial law is in force in any area. • Article 35 — Power of Parliament to make laws to give effect to certain Fundamental Rights. QUICK EXAM REVISION • Part III, Articles 12–35 = Fundamental Rights. • Borrowed from: the USA (Bill of Rights). • Number of Fundamental Rights today: 6. • Article 14 = Equality; Article 19 = Freedoms; Article 21 = Life and Liberty; Article 32 = Constitutional Remedies. • "Heart and soul of the Constitution" = Article 32. • Right to Property: removed by the 44th Amendment (1978); now Article 300A. • Right to Education: Article 21A (86th Amendment, 2002).