Fundamental Rights Notes for UPSC

Fundamental Rights are the basic rights of every person in India that protect liberty, dignity and equality. They are given in Part III of the Constitution (Articles 12 to 35) and are often called the "Magna Carta of India". They are borrowed from the Constitution of the USA. Courts can enforce them, and if the government or any authority violates them, a citizen can go straight to the Supreme Court or the High Court. For UPSC, Fundamental Rights are one of the most important topics of Polity: Prelims asks about Articles, writs and amendments, while Mains asks about their scope and recent judgments. This note explains all six rights in simple language.

Meaning of "State" and Article 13

Article 12 defines the "State" to include the Union and state governments, Parliament and state legislatures, local authorities and other authorities under the control of the government. Fundamental Rights are mainly available against the State. Article 13 says that any law that goes against the Fundamental Rights is void, which gives the courts the power of judicial review. In the Golaknath case (1967) the Supreme Court said that Parliament cannot amend Fundamental Rights, but the Kesavananda Bharati case (1973) said that Parliament can amend them as long as it does not change the basic structure.

The Six Fundamental Rights at a Glance

Originally there were seven rights. The Right to Property was removed from Part III by the 44th Amendment (1978) and is now a legal right under Article 300A.

1. Right to Equality (Articles 14 to 18)

• Article 14: equality before the law (a British idea) and equal protection of the laws (an American idea). The state can make a reasonable classification, but not an arbitrary one.
• Article 15: no discrimination on grounds of religion, race, caste, sex or place of birth. Special laws are allowed for women, children and socially and educationally backward classes, and the 103rd Amendment (2019) allows special provisions for economically weaker sections.
• Article 16: equality of opportunity in public employment, with reservation for backward classes and for the Scheduled Castes and Scheduled Tribes.
• Article 17: abolition of untouchability. The Protection of Civil Rights Act (1955) and the SC and ST (Prevention of Atrocities) Act (1989) support it.
• Article 18: abolition of titles, except military and academic distinctions. Awards like the Bharat Ratna are not "titles" according to the Supreme Court.

2. Right to Freedom (Articles 19 to 22)

Article 19 gives six freedoms to citizens: (a) freedom of speech and expression; (b) assembly peacefully and without arms; (c) forming associations, unions or cooperative societies; (d) moving freely throughout India; (e) residing and settling in any part; and (g) practising any profession or carrying on any occupation, trade or business. The state can put reasonable restrictions in the interest of the sovereignty and integrity of India, security of the state, public order, decency or morality, contempt of court, defamation and incitement to an offence.

• Article 20: protection in criminal cases: no punishment under a law made later (ex post facto), no double punishment for the same offence and no forced self-incrimination.
• Article 21: "No person shall be deprived of life or personal liberty except according to procedure established by law." In the Maneka Gandhi case (1978), the Supreme Court said that the procedure must be fair and reasonable. The court has since included the right to livelihood, clean environment, privacy, dignity, speedy trial and many other rights in Article 21. In Puttaswamy (2017), the right to privacy was declared a fundamental right.
• Article 21A: free and compulsory education for children aged 6 to 14 (86th Amendment, 2002), implemented by the Right to Education Act, 2009.
• Article 22: protection against arbitrary arrest and detention: the person must be told the grounds, can consult a lawyer and must be produced before a magistrate within 24 hours. These do not fully apply to preventive detention.

3. Right against Exploitation (Articles 23 and 24)

Article 23 bans human trafficking, begar (forced labour) and similar forms of forced work. Article 24 bans employing children below 14 years in factories, mines or other hazardous work.

4. Right to Freedom of Religion (Articles 25 to 28)

• Article 25: freedom of conscience and the right to freely profess, practise and propagate religion, subject to public order, morality and health.
• Article 26: every religious group can manage its own religious affairs.
• Article 27: no one can be forced to pay taxes to promote a particular religion.
• Article 28: no religious instruction in institutions fully funded by the state.

5. Cultural and Educational Rights (Articles 29 and 30)

Article 29 protects the language, script and culture of any section of citizens and bars denial of admission to state-aided institutions on grounds of religion, race, caste or language. Article 30 gives minorities the right to establish and run educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32)

Dr. B. R. Ambedkar called Article 32 the "heart and soul" of the Constitution. It gives the right to approach the Supreme Court directly for enforcement of Fundamental Rights. The Supreme Court can issue five writs, and the High Courts can also issue them under Article 226 (which has a wider scope, as it can also be used for ordinary legal rights).

Who Gets Which Rights?

Some rights are available only to citizens: Articles 15, 16, 19, 29 and 30. Others are available to all persons, including foreigners: Articles 14, 20, 21, 21A, 22, 23, 24 and 25 to 28 (except enemy aliens in some cases).

Are Fundamental Rights Absolute?

No. They are subject to reasonable restrictions. They can be suspended during a National Emergency: Article 358 suspends the freedoms of Article 19 during a war or external aggression, and Article 359 allows the President to suspend the right to move the court for other rights, but not for Articles 20 and 21. Articles 33 to 35 allow special rules for the armed forces, martial law and give Parliament power to make laws to give effect to the rights.

Mains Angle: Expansion of Fundamental Rights by the Judiciary

Through judicial interpretation, especially of Article 21, the Supreme Court has widened Fundamental Rights to cover clean environment, health, shelter, privacy and dignity of transgender persons. Public Interest Litigation (PIL) has allowed ordinary persons to approach courts for the poor. Critics warn about "judicial overreach", but supporters say that it helps to make rights real. Mention that rights must be balanced with duties and the needs of national security and public order.

Practice Statements and Common Mistakes

• "The Right to Property is a Fundamental Right." Wrong. It is a legal right under Article 300A.
• "Article 32 gives power to issue writs to the Supreme Court." Correct.
• "All Fundamental Rights are available to foreigners." Wrong. Articles 15, 16, 19, 29 and 30 are only for citizens.
• Do not mix up Article 21 (life and liberty) with Article 21A (education).

Quick Revision

• Part III, Articles 12 to 35; six rights; the right to property removed in 1978.
• Article 14 equality; Article 19 six freedoms; Article 21 life and liberty; Article 32 remedies.
• Five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto.

Fundamental Rights are the protection of every Indian's dignity and freedom. Learn the six rights in a table with their Articles, the five writs with examples, and the most important judgments, and this topic will give you reliable marks.

Related Notes to Read Next

Continue your preparation with these related notes from the same subject:

• Directive Principles and Fundamental Duties Notes for UPSC
• Parliament of India Notes for UPSC
• Indian Judiciary Notes for UPSC
• All Indian Polity and Governance notes

Frequently Asked Questions (FAQ)

What are Fundamental Rights?

Fundamental Rights are the basic rights guaranteed by Part III of the Indian Constitution (Articles 12 to 35), which protect the liberty, equality and dignity of every person and are enforceable by courts.

How many Fundamental Rights are there in India?

There are six Fundamental Rights: the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights and the right to constitutional remedies.

Why is the Right to Property not a Fundamental Right now?

The 44th Amendment of 1978 removed the right to property from the list of Fundamental Rights. It is now a legal and constitutional right under Article 300A.

What is Article 21 of the Constitution?

Article 21 protects the right to life and personal liberty, which can be taken away only by a procedure established by law. The Supreme Court has expanded it to include many rights like privacy and livelihood.

Which article is called the heart and soul of the Constitution?

Dr. B. R. Ambedkar described Article 32, the right to constitutional remedies, as the heart and soul of the Constitution.

What are the six freedoms under Article 19?

They are the freedom of speech and expression, peaceful assembly, forming associations, free movement throughout India, residence anywhere in India and the freedom to practise any profession, occupation, trade or business.

What are the five writs?

The five writs are Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto, which the Supreme Court can issue under Article 32 and the High Courts under Article 226.

What is the Right to Education under Article 21A?

Article 21A, added by the 86th Amendment in 2002, gives free and compulsory education to all children from 6 to 14 years, which is implemented by the Right to Education Act, 2009.

Which rights are available only to citizens?

Rights under Articles 15, 16, 19, 29 and 30 are available only to citizens of India. Other Fundamental Rights are available to all persons.

Can Fundamental Rights be suspended?

Yes. During a National Emergency, the freedoms under Article 19 are suspended automatically in case of war or external aggression, and the President can suspend the right to move the courts for other rights except Articles 20 and 21.

What is the difference between Article 32 and Article 226?

Article 32 lets a person approach the Supreme Court only for Fundamental Rights, whereas Article 226 allows people to approach the High Courts for Fundamental Rights and also for other legal rights.

What is the right to privacy judgment?

In Justice K. S. Puttaswamy v. Union of India (2017), the Supreme Court declared that the right to privacy is a fundamental right under Article 21.