Fundamental Rights (Articles 12–35): Notes, Writs and PYQs

If there is one Polity topic you cannot skip, it is this one. Fundamental Rights appear in almost every SSC, Railway and State paper, and the questions are usually direct: which Article, which amendment, which writ, which right cannot be suspended. The good news is that the whole topic sits in one compact block of the Constitution, Part III, Articles 12 to 35. Learn it once in the order below and it stays with you.

Part III is often called the Magna Carta of India. The idea of listing rights that the State cannot take away was inspired by the Bill of Rights of the USA. Unlike the Directive Principles, Fundamental Rights are justiciable: if the State violates one, you can go straight to court.

The six Fundamental Rights at a glance

Articles 12 and 13: the two gatekeepers

Article 12 defines the "State" for Part III. It includes the Government and Parliament of India, the government and legislature of every State, and all local and other authorities. Courts have read "other authorities" widely, so bodies such as public sector corporations are also bound by Fundamental Rights.

Article 13 says that any law inconsistent with a Fundamental Right is void to that extent. This is the base of judicial review, the power of courts to strike down laws that violate the Constitution.

Right to Equality (Articles 14–18)

• Article 14 joins two ideas: "equality before law" comes from Britain and "equal protection of the laws" from the USA.
• Article 15 still lets the State make special provisions for women and children, and for socially and educationally backward classes, Scheduled Castes and Scheduled Tribes (clause 4, added by the 1st Amendment in 1951).
• Articles 15(6) and 16(6) allow up to 10% reservation for economically weaker sections, added by the 103rd Amendment, 2019.
• Article 17 is given effect by the Protection of Civil Rights Act, 1955.
• Under Article 18, awards such as the Bharat Ratna and the Padma awards are not titles, as the Supreme Court held in the Balaji Raghavan case (1996), so they cannot be used as a prefix or suffix to a name.

Right to Freedom (Articles 19–22)

Article 19: the six freedoms

Every citizen has the right:

1. to freedom of speech and expression
2. to assemble peaceably and without arms
3. to form associations or unions or co-operative societies
4. to move freely throughout the territory of India
5. to reside and settle in any part of the territory of India
6. to practise any profession, or to carry on any occupation, trade or business

There were seven freedoms originally. The freedom to acquire, hold and dispose of property, clause 19(1)(f), was deleted by the 44th Amendment in 1978. The words "co-operative societies" were added by the 97th Amendment, 2011. None of these freedoms is absolute: the State can impose reasonable restrictions, for example in the interest of public order or the sovereignty and integrity of India. Freedom of the press is not named separately; courts treat it as part of freedom of speech and expression.

Articles 20 to 22

Article 21 has grown more than any other Article. In the Maneka Gandhi case (1978) the Supreme Court held that the procedure for taking away life or liberty must be fair, just and reasonable. Since then courts have read many rights into it, including the right to live with dignity, to a clean environment, to a speedy trial and, in the Puttaswamy case (2017), the right to privacy. Article 21A is put into practice by the Right of Children to Free and Compulsory Education Act, 2009.

Article 22 also allows preventive detention, holding a person to stop a possible offence rather than to punish one. Such detention cannot exceed three months unless an advisory board finds sufficient cause to extend it.

Right against Exploitation (Articles 23–24)

• Article 23 prohibits traffic in human beings, begar (forced work without pay) and other forms of forced labour. It protects people against private persons as well as the State. The State may still require compulsory service for public purposes, such as military service.
• Article 24 prohibits the employment of children below 14 years in factories, mines and other hazardous work.

Right to Freedom of Religion (Articles 25–28)

Article 25 also says that wearing and carrying a kirpan is part of the profession of the Sikh religion.

Cultural and Educational Rights (Articles 29–30)

• Article 29: any section of citizens with a distinct language, script or culture of its own has the right to conserve it. No citizen can be denied admission to an educational institution maintained or aided by the State on grounds only of religion, race, caste or language.
• Article 30: all minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.

Right to Constitutional Remedies (Article 32)

A right is only as strong as the means to enforce it. Article 32 gives every person the right to move the Supreme Court directly when a Fundamental Right is violated, and this right is itself a Fundamental Right. Dr B.R. Ambedkar called Article 32 the "heart and soul" of the Constitution. High Courts can issue the same writs under Article 226, and their power is wider: they can issue writs for the enforcement of other legal rights as well.

The five writs

Citizens only, or everyone?

Fundamental Rights during an emergency

• Article 358: when a National Emergency is declared on the ground of war or external aggression, the six freedoms of Article 19 are suspended automatically.
• Article 359: the President can suspend the right to move the courts for the enforcement of other Fundamental Rights.
• Since the 44th Amendment, 1978, Articles 20 and 21 cannot be suspended even during an emergency.

Articles 33 to 35 complete Part III: Parliament can restrict the rights of the armed forces, police and similar forces (Article 33), rights can be restricted while martial law is in force in an area (Article 34), and Parliament alone can make laws to give effect to certain Fundamental Rights (Article 35).

Amendments and cases to remember

Fundamental Rights in daily life

• If the police arrest someone, they must tell that person why and produce them before a magistrate within 24 hours (Article 22).
• A government school cannot make a student attend religious instruction (Article 28).
• A child of 12 cannot be employed in a factory (Article 24), and has the right to free schooling (Article 21A).
• If someone is held illegally, a family member can ask a court for a writ of habeas corpus (Articles 32 and 226).

Revise in one minute

• Part III, Articles 12–35; inspired by the US Bill of Rights; called the Magna Carta of India.
• Six rights now; Right to Property removed by the 44th Amendment (1978), now Article 300A.
• Article 12 defines State; Article 13 is the base of judicial review.
• Article 17 abolishes untouchability; Article 18 abolishes titles.
• Article 19 has six freedoms; Article 21A (86th Amendment, 2002) covers ages 6–14.
• Article 24: no child below 14 in hazardous work.
• Articles 25–28: religion. Article 30: minority educational institutions.
• Article 32: "heart and soul" (Ambedkar); five writs; Habeas Corpus for unlawful detention.
• Only for citizens: 15, 16, 19, 29, 30. Never suspended in an emergency: 20 and 21.