Fundamental Rights in India

Comprehensive Notes | Indian Constitution | Part III (Articles 12–35)

Fundamental Rights are the basic human rights enshrined in the Constitution of India,
guaranteed to every citizen regardless of race, religion, gender, caste, or place of birth.
Contained in Part III of the Constitution (Articles 12 to 35), they are justiciable in nature,
meaning any citizen can approach the Supreme Court or High Courts directly for their
enforcement. Inspired by the Bill of Rights of the United States Constitution, the
Fundamental Rights serve as the cornerstone of Indian democracy, protecting
individuals from arbitrary state action and ensuring civil liberties essential for the all-
round development of every person.
Originally, the Constitution provided seven Fundamental Rights. However, the Right to
Property (Article 31) was removed from the list of Fundamental Rights by the 44th
Constitutional Amendment Act of 1978 and converted into a legal right under Article
300A. Thus, today there are six Fundamental Rights: the Right to Equality, the Right to
Freedom, the Right against Exploitation, the Right to Freedom of Religion, Cultural and
Educational Rights, and the Right to Constitutional Remedies.

1. Right to Equality (Articles 14–18)

The Right to Equality is one of the most fundamental guarantees in the Indian
Constitution and is enshrined in Articles 14 through 18. Article 14 guarantees equality
before the law and equal protection of the laws within the territory of India. This means
that the state shall not deny to any person equality before the law or the equal
protection of the laws. Article 15 prohibits discrimination on grounds of religion, race,
caste, sex, or place of birth, although the state is permitted to make special provisions
for women, children, or socially and educationally backward classes. Article 16
guarantees equality of opportunity in matters of public employment and prohibits
discrimination on the grounds mentioned in Article 15.
Article 17 abolishes untouchability in all its forms and makes the enforcement of any
disability arising from untouchability a punishable offence. This provision holds
tremendous social significance in the Indian context, where caste-based discrimination
was historically entrenched. Article 18 abolishes titles, prohibiting the state from
conferring any title except military or academic distinctions. Citizens of India are also
prohibited from accepting titles from foreign states. Together, these provisions under the
Right to Equality aim to create a society free from discrimination and based on the
principles of justice and fairness.

2. Right to Freedom (Articles 19–22)

The Right to Freedom is guaranteed under Articles 19 to 22 and is a cluster of essential
civil liberties. Article 19 originally granted seven freedoms to citizens, which now stand
at six: freedom of speech and expression; freedom to assemble peaceably and without
arms; freedom to form associations or unions; freedom to move freely throughout the
territory of India; freedom to reside and settle in any part of the country; and freedom to
practise any profession, or to carry on any occupation, trade, or business. These
freedoms are not absolute and the state may impose reasonable restrictions on them in
the interests of sovereignty and integrity of India, security of the state, public order,
decency, or morality.
Articles 20, 21, and 22 provide protections in criminal matters and personal liberty.
Article 20 protects persons accused of offences from ex-post-facto laws, double
jeopardy, and self-incrimination. Article 21 is arguably the most expansive provision in
the Constitution: it guarantees that no person shall be deprived of his life or personal
liberty except according to procedure established by law. The Supreme Court has
interpreted Article 21 broadly to include the right to live with dignity, the right to
livelihood, the right to health, the right to education, and many other implied rights.
Article 22 provides safeguards against arbitrary arrest and detention, including the right
to be informed of grounds of arrest, the right to consult a lawyer of choice, and the right
to be produced before a magistrate within 24 hours of arrest.

3. Right Against Exploitation (Articles 23–24)

Articles 23 and 24 constitute the Right against Exploitation, which is aimed at protecting
individuals, particularly the vulnerable sections of society, from being exploited by the
state or other individuals. Article 23 prohibits traffic in human beings, begar (forced
labour without payment), and other similar forms of forced labour, declaring any
contravention of this provision a punishable offence. The state, however, may impose
compulsory service for public purposes without any discrimination on grounds of
religion, race, caste, or class. Article 24 prohibits the employment of children below the
age of 14 years in any factory, mine, or other hazardous employment. This provision
has been further strengthened by legislation such as the Child Labour (Prohibition and
Regulation) Act, reflecting the Constitution's concern for the welfare of children and the
elimination of child labour.

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

India is a secular country, and Articles 25 to 28 guarantee freedom of religion to all its
citizens. Article 25 grants every person the freedom of conscience and the right to freely
profess, practise, and propagate religion, subject to public order, morality, and health.
This means individuals have the right to hold, choose, and change their religious beliefs
and to express those beliefs openly. Article 26 grants every religious denomination the
right to establish and maintain institutions for religious and charitable purposes, manage
its own affairs in matters of religion, and own movable and immovable property. Article
27 states that no person shall be compelled to pay any taxes, the proceeds of which are
specifically appropriated in payment of expenses for the promotion or maintenance of
any particular religion or religious denomination. Article 28 prohibits religious instruction
in state-funded educational institutions, reinforcing the secular character of India.
5. Cultural and Educational Rights (Articles 29–30)
Articles 29 and 30 protect the cultural and educational rights of minorities. Article 29
provides that any section of citizens residing in India having a distinct language, script,
or culture has the right to conserve the same. It also guarantees that no citizen shall be
denied admission into any educational institution maintained by the state or receiving
state aid on grounds only of religion, race, caste, or language. Article 30 grants all
minorities, whether based on religion or language, the right to establish and administer
educational institutions of their choice. The state is also prohibited from discriminating
against minority-managed educational institutions while granting aid. These provisions
are crucial for preserving India's rich cultural diversity and ensuring that minorities can
protect their unique heritage while participating fully in national life.

6. Right to Constitutional Remedies (Article 32)

Dr. B.R. Ambedkar called Article 32 the heart and soul of the Constitution. It empowers
every citizen to move the Supreme Court directly for the enforcement of Fundamental
Rights. The Supreme Court (and High Courts under Article 226) can issue writs in the
nature of habeas corpus, mandamus, prohibition, certiorari, and quo warranto. Habeas
corpus is used to secure the release of a person detained unlawfully. Mandamus directs
a public authority to perform its legal duty. Prohibition prevents inferior courts from
exceeding their jurisdiction. Certiorari quashes orders passed by inferior courts or
tribunals. Quo warranto inquires into the legality of a claim to a public office. This article
makes Fundamental Rights truly enforceable and not merely decorative provisions. The
right to move the Supreme Court itself is a Fundamental Right and cannot be
suspended except during a national emergency.

Conclusion
Fundamental Rights occupy a supreme position in the Indian constitutional framework.
They are not absolute and can be subjected to reasonable restrictions by the state
under specified circumstances, but any law or state action curtailing these rights can be
struck down by the courts as unconstitutional. The doctrine of basic structure, as laid
down in the landmark Kesavananda Bharati case (1973), further ensures that even
Parliament cannot amend the Constitution so as to destroy the essential features of
Fundamental Rights. Over the decades, the judiciary, especially the Supreme Court,
has played a proactive role in expanding the scope of Fundamental Rights through
creative interpretation, making them a living and dynamic force for the protection of
human dignity and democratic governance in India.