Introduction to Six Fundamental Rights (Articles 12 to 35)

Under this section, we list the fundamental rights in India and briefly describe each of them.
1. Right to Equality (Articles 14 – 18)
Right to equality guarantees equal rights for everyone, irrespective of religion, gender, caste, race or
place of birth. It ensures equal employment opportunities in the government and insures against
discrimination by the State in matters of employment on the basis of caste, religion, etc. This right
also includes the abolition of titles as well as untouchability.
Aspirants can read more about Right to Equality in the linked article.
2. Right to Freedom (Articles 19 – 22)
Freedom is one of the most important ideals cherished by any democratic society. The Indian
Constitution guarantees freedom to citizens. The freedom right includes many rights such as:

 Freedom of speech
 Freedom of expression
 Freedom of assembly without arms
 Freedom of association
 Freedom to practise any profession
 Freedom to reside in any part of the country
Read more on the Right to Freedom in the linked article.
Some of these rights are subject to certain conditions of state security, public morality and decency
and friendly relations with foreign countries. This means that the State has the right to impose
reasonable restrictions on them.
Aspirants can find the details on Right to Life (Article 21), in the linked article.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms of forced labour. It
also implies the prohibition of children in factories, etc. The Constitution prohibits the employment of
children under 14 years in hazardous conditions.
Read more on the Right against Exploitation in the linked article.
4. Right to Freedom of Religion (Articles 25 – 28)
This indicates the secular nature of Indian polity. There is equal respect given to all religions. There
is freedom of conscience, profession, practice and propagation of religion. The State has no official
religion. Every person has the right to freely practice his or her faith, establish and maintain religious
and charitable institutions.
Read more on the Right to Freedom of Religion in the linked article.
5. Cultural and Educational Rights (Articles 29 – 30)
These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to
preserve their heritage and culture. Educational rights are for ensuring education for everyone
without any discrimination.
Read more on Cultural and Educational Rights in the linked article.
6. Right to Constitutional Remedies (32 – 35)
The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government
cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can
approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for
enforcing fundamental rights.
Read more on Right to Constitutional Remedies (Article 32) in the linked article.
All civil services exam aspirants must go through the features of the Fundamental Rights discussed
further below in this article.
The major differences between Fundamental Rights and Fundamental Duties are:

Fundamental Rights Fundamental Duties

Part 3 of the Constitution of India contains the Fundamental Article 51-A contained in the Part IV A of
Rights guaranteed to the citizens of India. Articles 12-35 of the the Constitution of India deals with
Constitution of India deals with Fundamental Rights. Fundamental Duties.

Fundamental Rights was borrowed from the Constitution of Fundamental Duties were taken from the
United States of America Constitution of the former Soviet Union
(USSR).

The Fundamental Rights are defined as the basic human rights The Fundamental Duties’ are defined as
of all citizens. These rights, defined in Part III of the the moral obligations of all citizens to help
Constitution, applied irrespective of race, place of birth, promote a spirit of patriotism and to
religion, caste, creed, or gender. uphold the unity of India.

Fundamental Rights are an integral part of the Constitution Fundamental Duties can be taken away.
hence it cannot be taken away. Fundamental rights can be However the need for suspension of
suspended during a national emergency. But, the rights Fundamental Duties during emergency
guaranteed under Articles 20 and 21 cannot be suspended. does not arise.

The Fundamental Rights are not absolute because they can be Fundamental Duties are absolute in nature
controlled and are subject to reasonable restrictions for the
protection of general welfare

Not all the citizens of India can enjoy Fundamental Rights Fundamental Duties are extended to all
absolutely. An example would be personnel belonging to the Indian Citizens including Personnel
Indian Military. belonging to Indian Military.

Fundamental Rights are enforceable through the Supreme Fundamental Duties cannot be enforced
Court and High Courts. As per Article 32, the Supreme Court through Courts.
can enforce Fundamental Rights. As per Articles 226, High
Courts can issue writs for enforcement of Fundamental Rights

Fundamental Rights are amenable on the condition that it is Fundamental Duties are absolutely
subject to basic structure amenable
Some of the Fundamental Rights are available exclusively to Fundamental Duties are provided only to
the Citizens of India only, whereas some of the Fundamental the citizens of India. Fundamental Duties
Rights are extended to foreigners as well. are not extended or binding on Foreigners.

Fundamental Rights are Political and Social in character. There Fundamental duties are political, social
is no scope for guaranteed economic rights, since it doesn’t and economic in character.
mention anything about a guaranteed job.

Some of the Fundamental Rights are available against an Obligations of Fundamental Duties are
individual and some of the Fundamental Rights are available expected less towards an individual and as
against the State as well. a whole towards a nation or society.

S.No 11 Fundamental Duties

1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the
National Anthem

2. Cherish and follow the noble ideals that inspired the national struggle for freedom

3. Uphold and protect the sovereignty, unity and integrity of India

4. Defend the country and render national service when called upon to do so

5. Promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic and regional or sectional diversities and to renounce practices
derogatory to the dignity of women

6. Value and preserve the rich heritage of the country’s composite culture

7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to
have compassion for living creatures

8. Develop scientific temper, humanism and the spirit of inquiry and reform

9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity so that the nation
 constantly rises to higher levels of endeavour and achievement

11. Provide opportunities for education to his child or ward between the age of six and fourteen
years. This duty was added by the 86th Constitutional Amendment Act, 2002

Importance of Fundamental Duties

S.No Importance of Fundamental Duties

1. They remind Indian Citizens of their duty towards their society, fellow citizens and the nation

2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment among them

Parts of the Indian Subject Mentioned in the Part Articles in Indian

Constitution Constitution

Part I Union & Its Territory Article 1-4

Part II Citizenship Article 5-11

Part III Fundamental Rights Article 12-35

Part IV Directive Principles Article 36-51

Part IV A Fundamental Duties Article 51A

Part V The Union Article 52-151

Part VI The States Article 152-237

Part VII Note: 7th Amendment Act, 1956 repealed –
Part 7

Part VIII The Union Territories Article 239-242

Part IX The Panchayats Article 243-243O

Part IX A The Municipalities Article 243P-243ZG

Part IX B Co-operative Societies Article 243ZH-243ZT

Part X Scheduled and Tribal Areas Article 244-244A

Part XI Relation between Union & States Article 245-263

Part XII Finance, Property, Contracts and Suits Article 264-300A

Part XIII Trade, Commerce and Intercourse within the Article 301-307
territory of India

Part XIV Services under the Union and States Article 308-323

Part XIV A Tribunals Article 323A-323B

Part XV Elections Article 324-329A

Part XVI Special Provisions relating to certain classes Article 330-342

Part XVII Official Languages Article 343-351

Part XVIII Emergency Provisions Article 352-360

Part XIX Miscellaneous Article 361-367

Part XX Amendment of the Constitution Article 368

 Part XXI Temporary, Transitional and Special Article 369-392
Provisions

Part XXII Short title, Commencement, Authoritative

Text in
Hindi and Repeals

The description of the Indian articles entailing the Parts of the Indian
Constitution is given below:

 Article 1 – Name and territory of the union.

 Article 2 – Admission and establishment of the new state.
 Article 3 – Formation of new states and alteration of areas, boundaries, and name of existing
states.

 Article 5 – Citizenship at the commencement of the constitution.

 Article 6 – Rights of citizenship of a certain person who has migrated to India from Pakistan.
 Article 10 – Continuance of rights of citizenship.
 Article 11 – Parliament to regulate the right of citizenship by law.

 Article 12 – Definition of the state.

 Article 13 – Laws inconsistent with or in derogation of the fundamental rights.

Initially, the Constitution of India provided

7 basic fundamental rights, now there are only 6. The Right to property U/A 31 was removed from the
list of fundamental rights by 44th amendment act 1978. A legal right U/A 300–A was made and
included in Part XII of the constitution.

 Article 14 – Equality before the law.

 Article 15 – Prohibition of discrimination on the grounds of religion, race, caste, sex, or place of
birth.
 Article 16 – Equality of opportunity in matters of public employment.
 Article 17 – Abolition of the untouchability.
 Article 18 – Abolition of titles.
 Article 19 – Guarantees to all the citizens the six rights and they are:


a – Freedom of speech and expression.



b – Freedom to assemble peaceably and without arms.



c – Freedom to form associations or unions.



d – Freedom to move freely throughout the territory of India.



e – Freedom to reside and settle in any part of the territory of India.



f – Omitted



g – Freedom to practice any profession, or to carry on any occupation, trade or business.

 Article 20 – Protection in respect of conviction for offences.

 Article 21 – Protection of life and personal liberty.
 Article 22 – Protection against arrest and detention in certain cases.

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

 Article 24 – Prohibition of employment of children (Under the age of 14) in factories and mines.
  Article 25 – Freedom of conscience and free profession, practice and propagation of religion.
 Article 26 – Freedom to manage religious affairs.
 Article 27 – Freedom as to pay taxes for promotion of any particular religion.
 Article 28 – Freedom from attending religious instruction.
Cultural and Educational Rights: Article 29 and Article 30

 Article 29 – Protection of interest of minorities.

 Article 30 – Right of minorities to establish and administer educational institutions.
Right to Constitutional Remedies: Article 32

 Article 32 – Remedies for enforcement of Fundamental Rights.

 Article 36 – Definition
 Article 37– Application of DPSP (Read about Directive Principles of States Policy in the linked
article)
 Article 39A – Equal justice and free legal aid
 Article 40 – Organization of a village panchayat
 Article 41 – Right to work, to education, and to public assistance in certain cases
 Article 43 – Living Wages, etc. for workers.
 Article 43A – Participation of workers in the management of industries.
 Article 44 – Uniform civil code. ( applicable in Goa only)
 Article 45 – Provision for free and compulsory education for children.
 Article 46 – Promotion of educational and economic interest of scheduled castes (SC),
scheduled tribes (ST), and OBC.
 Article 47– Duty of the state to raise the level of nutrition and the standard of living and to
improve public health.
 Article 48 – Organization of agriculture and animal husbandry.
 Article 49 – Protection of monuments and places and objects of natural importance.
 Article 50 – Separation of judiciary from the executive.
 Article 51 – Promotion of international peace and security.

There are 11 fundamental duties. 42nd amendment act 1976 added 10 fundamental duties. 86th
amendment act 2002 added one more to the list.

 Article 52 – The President of India

 Article 53 – Executive Power of the union
 Article 54 – Election of President
 Article 61 – Procedure for Impeachment of the President
 Article 63 – The Vice–president of India
  Article 64 – The Vice–President to be ex–officio chairman the council of States
 Article 66 – Election of Vice–president
 Article 72 – Pardoning powers of President
 Article 74 – Council of ministers to aid and advise President
 Article 76 – Attorney–General for India
 Article 79 – Constitution of Parliament
 Article 80 – Composition of Rajya Sabha
 Article 81 – Composition of Lok Sabha
 Article 83 – Duration of Houses of Parliament
 Article 93 – The speakers and Deputy speakers of the house of the people
 Article 105 – Powers, Privileges, etc. of the House of Parliament
 Article 109 – Special procedure in respects of money bills
 Article 110 – Definition of “Money Bills”
 Article 112 – Annual Financial Budget
 Article 114 –Appropriation Bills
 Article 123 – Powers of the President to promulgate Ordinances during recess of parliament
 Article 124 – Establishment of Supreme Court
 Article 125 – Salaries of Judges
 Article 126 – Appointment of acting Chief justice
 Article 127 – Appointment of ad–hoc judges
 Article 128 –Attendance of retired judge at sitting of the Supreme Court
 Article 129 – Supreme Court to be a court of Record
 Article 130 – Seat of the Supreme Court
 Article 136 – Special leaves for an appeal to the Supreme Court
 Article 137 – Review of judgment or orders by the Supreme Court
 Article 141 – Decision of the Supreme Court of India binding on all the courts
 Article 148 – Comptroller and Auditor– General of India
 Article 149 – Duties and Powers of CAG

 Article 153 – Governors of State

 Article 154 – Executive Powers of Governor
 Article 161 – Pardoning powers of the Governor
 Article 165 – Advocate–General of the State
 Article 213 – Power of Governor to promulgate ordinances
 Article 214 – High Courts for states
 Article 215 – High Courts to be a court of record
 Article 226 – Power of High Courts to issue certain writs
 Article 233 – Appointment of District judges
 Article 235 – Control over Subordinate Courts
Read about High Courts in India and Types of Writs in the linked articles below:

High Courts in India Types of Writs

  Article 243A – Gram Sabha
 Article 243B – Constitution of Panchayats (Read about Panchayati Raj in the linked article.)

 Article 266 – Consolidated Fund and Public Accounts Fund

 Article 267 – Contingency Fund of India
 Article 280 – Finance Commission
 Article 300 A – Right to property
Read about Types of Funds in India and the Finance Commission of India in the linked articles below:

Types of Funds in India Finance Commission of India

 Article 301 – Freedom to trade, commerce, and intercourse

 Article 302 – Power of Parliament to impose restrictions on trade, commerce, and intercourse.

 Article 312 – All– India–Service

 Article 315 – Public service commissions for the union and for the states (Know all about PSC
Exams in the linked article.)
 Article 320 – Functions of Public Service Commission

 Article 323A – Administrative Tribunals

 Article 324 – Superintendence, direction and control of Elections to be vested in an Election
Commission
 Article 325 – No person to be ineligible for inclusion in or to claim to be included in a special,
electoral roll on grounds of religion, race, caste, or sex
 Article 326 – Elections to the house of the people and to the legislative assemblies of states to
be on the basis of adult suffrage

 Article 338 – National Commission for the SC & ST

 Article 340 – Appointment of a commission to investigate the conditions of backward classes

 Article 343 – Official languages of the Union

 Article 345 – Official languages or languages of a state
 Article 348 – Languages to be used in the Supreme Court and in the High Courts
 Article 351 – Directive for development of the Hindi languages

 Article 352 – Proclamation of emergency (National Emergency)

 Article 356 – State Emergency (President’s Rule)
 Article 360 – Financial Emergency (Read more about Article 356 in the linked article.

 Article 361 – Protection of President and Governors

 Article 368 – Powers of Parliaments to amend the constitution

 Article 370 – Temporary Provision for the erstwhile State of J&K (diluted on August 5 & 6,
2019).
 Article 371 A – Special provision with respect to the State of Nagaland
 Article 371 J – Special Status for Hyderabad–Karnataka region
  Article 393 – Short title – This Constitution may be called the Constitution of India
Remember significant articles in Indian Constitution through Mnemonics-
This is an age-old trick used to memorize a lot of content. Make a string of words or a sentence using key
letters from the articles. This way you will be able to recall them faster and with minimum effort. Make
your own mnemonics in order to be able to memorize vast quantities of data. For e.g. :

U Can Fix Deposit From United States Using Pre Mature Special Rate.

U – Union
C – Citizenship
F – Fundamental rights
D – Directive Principles
F – Fundamental Duties
U – Union
S – States
U – Union Territories
P – Panchayat
M – Municipality
S – Scheduled
R– Relation between Union and State

Polly Has Certified ManneQuins

P– Prohibition
H-Habeas Corpus
C– Certiorari
Man– Mandamus
Qu– Quo Warranto

Who is made by law

The laws of India are made by the union government for the whole country and by
the state governments for their respective states as well as by local municipal
councils and districts