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Fundamental Rights
What are Fundamental Rights?

• These are basic rights given by constitution of India for promoting ideal of political
democracy.
• These are called fundamental rights because they are justiciable and are provided to all
without any discrimination.

Salient features of Fundamental Rights-

• Fundamental Rights are mentioned in Part III of Indian Constitution.
• They are mentioned under Article 12 to 35.
• They are not absolute but justiciable.
• They are provided with reasonable restrictions specific to each right.
• They are guaranteed and defended by Supreme Court.

Types of Fundamental Rights-

Fundamental Rights are categorised in six broad categories, which are as follow-
1. Right to Equality -Article 14-18
2. Right to Freedom - Article 19-22
3. Right against Exploitation - Article 23-24
4. Right to Freedom of Religion - Article 25-28
5. Cultural and Educational Rights - Article 29-30
6. Right to Constitutional Remedies - Article 32

Detailed provisions of Fundamental Rights –

• This fundamental Right deals with ‘Definition of State’.

• Central Government, Parliament, State Governments and legislatures, all
Article 12
local authorities and statutory and non statutory authorities like- CIL, SAIL
etc. are included in state under this article.
• This article says that Laws Inconsistent with or in Derogation of the
Fundamental Rights shall be void.
• “law” in this article includes
Article 13
a) Permanent laws
b) Temporary laws
c) any Ordinance, order, bye-law, rule, regulation, notification, custom or
usage having in the territory of India the force of law.

1. Right to Equality – Article 14-18

Article 14 This article deals with Equality before law and equal protection of laws.
Prohibition of discrimination against any citizen on grounds only of
Article 15
religion, race, caste, sex, place of birth or any of them.
Article 16 Equality of opportunity in Public Employment
Article17 Abolition of Untouchability.
Article 18 Abolition of Titles.

2. Right to Freedom – Article 19-22

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Protection of 6 rights concerning the freedom of:

a) Freedom of Speech.
b) Freedom to Assemble without arms.
Article 19 c) Freedom to form unions or cooperative societies.
d) Freedom to Move freely through the territory of country
e) Freedom to reside in any part of country
f) Freedom to practice and profess any occupation, trade or business.

Protection with respect to conviction for offences

a) Retrospective criminal legislation
Article 20
b) Double jeopardy
c) Prohibition against self-incrimination

Right to life and personal liberty

Article 21 No person shall be deprived of his life or personal liberty except according to
procedure established by law.

Right to elementary education

Article 21A Under 86th Constitutional Amendment in 2002, free and compulsory
education to all children between the ages of 6 and 14.

Protection against arrest and detention in certain cases

It provided three types of safeguards:
a) Right to be informed of the grounds of arrest
Article 22 b) Right to consult an advocate under custody
c) Right to be produced before magistrate within 24 hrs
These safeguards are not applicable to enemy alien or a person arrested
under a preventive detention law.

3. Right against Exploitation- Article 23-24

Article 23 Prohibition of traffic in human beings and forced labour.

Article 24 Prohibition of employment of children in factories, etc.
• This article says that no child below age of 14 shall be employed to
factory, mine etc.

4. Right to Freedom of Religion – Article 25 to 28

Article 25 Freedom of Conscience and free profession, practise and propagation of

Religion.
Article 26 Freedom to manage religious affairs
Article 27 Freedom as to payment of taxes for promotion of any particular religion

Article 28 Freedom as to attendance at religious instruction or religious worship in

certain educational institutions

5. Cultural and Educational Rights- Article 27-28

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Article 29 Protection of interests of minorities

Right of minorities to establish and administer educational
Article 30
institutions.

6. Right to Constitutional Remedies- Article 32

It can be availed by following writs-

• Habeas Corpus – to bring the body of detained person before court.
• Mandamus – issued to public official who has failed to perform his
duty.
• Prohibition – issued from a higher to lower court to prevent latter from
Article 32 exceeding its jurisdiction or usurping a jurisdiction that it does not
possess.
• Certiorari – issued to lower courts ordering them either to transfer a
case pending
• Quo-Warranto – issued to prevent illegal usurpation of a public office
by a person.

7. Other Fundamental Rights – Article 33-35

Power of Parliament to modify the rights conferred by this part in their

Article 33
application to forces etc.
Restriction of rights conferred by this part while martial law is in force in
Article 34
any area
Article 35 Legislation to give effect to the provisions of this part

Some important facts related to fundamental Rights –

• Article 15(4) deals with the reservation of backward classes in Educational Institutions.
• Article 16(4) deals with reservation of backward classes under government jobs.
• Right of private property was deleted from Fundamental Rights 44th Constitutional
Amendment Act.
• Fundamental Rights under Articles 15,16,19,29 and 30 are conferred only to citizens
not to foreigners.
• In 1973, under Kesavananda Bharati case, SC held that Fundamental Rights are
amendable provided the amendments shall not abrogate the basic structure of
Fundamental Rights.
• Fundamental rights can be suspended during a national emergency except Articles 20
and 21.
• Article 13 lays down the foundations of Judicial review.
• Right to property in not a fundamental right but a constitutional right under Article
300A.
• SC issues writs only for enforcement of Fundamental Rights under Article 32 but can
issue writs to enforce FRs and any other laws under Article 226.

Major Cases related to Fundamental Rights:

• Keshwanand Bharti Case 1973 – It held that parliament can amend any Fundamental
Rights provided that the amendment does not distort the basic structure of constitution.
• Menaka case, 1978 –In this case SC overruled its previous judgement and gave wider
interpretation of Article 21.

Major Constitutional Amendments regarding FRs

• 1st Constitutional Amendment Act, 1951 – amended several fundamental rights like
article 15, 19, 31 etc.

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• 24th Constitutional Amendment Act, 1971 – Amended article 13 and empowered

parliament to abridge or take away any Fundamental Right.
• 25th Constitutional Amendment Act, 1971 – Inserted Article 31C to give effect to
implementation of DPSPs under Article -39b and 39c.
• 35th Constitutional Amendment Act, 1984- modification of Article 33 authorising
parliament to curtail FRs of members of armed forces etc.
• 42nd Constitutional Amendment Act, 1976 – made constitutional amendment powers
beyond judicial scrutiny and curtailed judicial review powers of SC and HCs.
• 44th Constitutional amendment act, 1978 – abolished the right to property as a
Fundamental Right.
• 85th Constitutional Amendment Act, 2001- amended article 164(A) to provide for
consequential seniority in the case of promotion by virtue of rule of reservation.
• 86th Constitutional Amendment Act 2002- Added article 21A making free and
compulsory education as fundamental right.
• 93rd Constitutional Amendment Act, 1993-to impose the State’s reservation policies
on the private unaided colleges inserting Article 15(5).
• 97th Constitutional Amendment act, 2011 -made the right to form co-operative
societies a fundamental right (Article 19).
• 103rd Amendment Act 2019 – it amended Article 15 and 16 for 10% Reservation for
Economically Weaker Sections of citizens of classes other than the classes mentioned in
clauses (4) and (5) of Article 15.