OVERVIEW OF FUNDAMENTAL RIGHTS (FRS)

Constitutional Placement: Contained in Part III of the Constitution of India,

spanning Articles 12 to 35.
Inspiration: Inspired and borrowed from the USA Bill of Rights.
Magna Carta: Part III is described as the "Magna Carta of India". (The
original Magna Carta of the UK was the first written document relating to the
fundamental rights of citizens) .
Key Provisions:
FRs are not absolute but qualified (very limited).
FRs are not sacrosanct (they are not permanent and can be
amended/restricted).
FRs are justiciable in nature (enforceable by courts).
Evolution of Rights:
Originally: 7 fundamental rights were present.
At Present: 6 fundamental rights remain.
Removal of Right to Property: The Right to Property (Article 31
and Article 19(1)(f)) was removed during the tenure of PM Morarji
Desai via the 44th Constitutional Amendment. It is now a legal
right under Article 300A.
(Note: The 42nd Constitutional Amendment in 1976 occurred when
Indira Gandhi was PM ).

FOUNDATIONAL ARTICLES (ARTICLES 12 & 13)

ARTICLE 12: DEFINITION OF THE "STATE"

Defines the term "State" to include:

Government and Parliament of India.

State Government and State Legislature.
Local authorities and other statutory/non-statutory authorities.
ARTICLE 13: LAWS INCONSISTENT WITH FUNDAMENTAL RIGHTS

Any law that is inconsistent with or in derogation of fundamental rights shall

be declared void by the judiciary.
Scope: Includes ordinances, orders, bye-laws, rules, regulations,
notifications, and temporary laws.
 Constitutional Amendments: A Constitutional Amendment is generally not
considered a "law" under this article.
Exception (Kesavananda Bharati Case): Although the term is "not written
in the Constitution", if a Constitutional Amendment destroys the "Basic
Structure" of the Constitution, it will be treated as null and void.

1. RIGHT TO EQUALITY (ARTICLES 14–18)

Mnemonic Trick: LAW CREATES DOUBT * LAW: Article 14 (Equality before Law) *
D: Article 15 (Discrimination) * O: Article 16 (Opportunity in Public Employment)
* U: Article 17 (Untouchability) * T: Article 18 (Titles)

ARTICLE 14: EQUALITY BEFORE LAW & EQUAL PROTECTION OF LAWS

Also called the Rule of Law (coined by A.V. Dicey). It consists of two components:

Equality before law: A negative concept borrowed from the UK.

Equal protection of law: A positive concept borrowed from the USA. It
ensures that "like should be treated alike".
Exceptions: * The President, Governors, MLAs, and MPs enjoy immunities
and cannot be arrested on civil matters while in office.
Government subsidies or affirmative action given to socially
backward communities do not violate this rule.
ARTICLE 15: PROHIBITION OF DISCRIMINATION

The State cannot discriminate against any citizen on grounds only of

religion, race, caste, sex, or place of birth.
ARTICLE 16: EQUALITY OF OPPORTUNITY IN PUBLIC EMPLOYMENT

No citizen can be discriminated against in public employment based only on

religion, race, caste, sex, descent, place of birth, or residence.
Article 16(4): Promotion and Reservation in appointments are permitted
and are not considered a violation of the Right to Equality.
Key Judicial Cases & Commissions:
Devadasan v. Union of India Case
Mandal Commission (1979): The 2nd Backward Classes
Commission. Recommended 27% reservation for OBCs, which
was implemented under the V.P. Singh government.
 Indira Sawhney Case (1992/1993): Decided by a 9-judge bench
with a 6:3 ratio.
Upheld reservations based on social and educational
backwardness, not solely on economic criteria.
Ruled that there should be no reservation in
promotions.
Capped total reservations at a maximum of 50%.
ARTICLE 17: ABOLITION OF UNTOUCHABILITY

Abolishes "Untouchability" and forbids its practice in any form. Making it an

offense punishable by law.
ARTICLE 18: ABOLITION OF TITLES

The State cannot confer any titles (e.g., Maharaja, Diwaan).

Exceptions: Academic, military distinctions, or excellency awards are
permitted. No citizen can accept titles from any foreign state.

2. RIGHT TO FREEDOM (ARTICLES 19–22)

Mnemonic Trick for Article 19(1): SAAMRO * S: Speech & Expression * A:

Assemble peaceably * A: Associations/Unions * M: Move freely * R: Reside
anywhere * O: Occupation/Trade

ARTICLE 19: PROTECTION OF SIX RIGHTS REGARDING FREEDOM

All citizens enjoy these six fundamental freedoms subject to reasonable restrictions
(such as sovereignty and integrity of India, security of the State, public order,
decency, or morality):

1. 19(1)(a): Freedom of speech and expression.

2. 19(1)(b): To assemble peaceably and without arms.
3. 19(1)(c): To form associations or unions. (Note: 97th Constitutional
Amendment added the Right to form cooperative societies).
4. 19(1)(d): To move freely throughout the territory of India. (Reasonable
restrictions apply, e.g., movement of certain professions/prostitutes can be
restricted).
5. 19(1)(e): To reside and settle in any part of India. (Restrictions apply in tribal
areas to protect indigenous cultures).
 6. 19(1)(f): Omitted (Right to Property).
7. 19(1)(g): To practice any profession, or carry on any occupation, trade, or
business. (Excludes illegal trades like drug or child trafficking).
ARTICLE 20: PROTECTION IN RESPECT OF CONVICTION FOR OFFENSES

Provides three core protections:

(a) No Ex-Post-Facto Law: A person can only be convicted under a law that
was in effect at the time the act was committed.
Applies to: Criminal Law ✔️ | Does not apply to: Civil Law ❌.
(b) No Double Jeopardy: No person shall be prosecuted and punished for
the same offense more than once.
(c) No Self-Incrimination: No person accused of an offense shall be
compelled to be a witness against themselves.
ARTICLE 21: RIGHT TO LIFE AND PERSONAL LIBERTY

No person shall be deprived of their life or personal liberty except according

to the procedure established by law.
Evolution of Interpretation:
A.K. Gopalan Case: Took a narrow stance on the interpretation of
life and liberty.
Maneka Gandhi Case: The Supreme Court overturned the
Gopalan case, adopting a wide stance. It ruled that laws must
satisfy both "Procedure established by law" AND "Due process
of law" (even though "Due process" is not explicitly written in the
Indian Constitution). Any unfair law will be declared null and void.
Olga Tellis v. Bombay Municipal Corporation Case is also
associated with the expansion of this right.
ARTICLE 21A: RIGHT TO EDUCATION

Guarantees free and compulsory primary education to children aged 6 to 14

years.
Added via the 86th Constitutional Amendment Act, 2002, which also
brought corresponding changes to Directive Principles of State Policy
(DPSP) and Fundamental Duties (FD).
ARTICLE 22: PROTECTION AGAINST ARREST AND DETENTION

Provides specific procedural safeguards upon arrest:

 (a) The arrested individual must be informed of the grounds of their arrest
(suchit kiya jayega kyun arrest kiya hai).
(b) Must be produced before the nearest Magistrate within 24 hours of arrest
(excluding travel time).

(c) The right to consult and be defended by a legal practitioner/lawyer (legal

waqil milega).

3. RIGHT AGAINST EXPLOITATION (ARTICLES 23–24)

ARTICLE 23: PROHIBITION OF HUMAN TRAFFICKING AND FORCED LABOUR

Prohibits human trafficking, begar (forced labor), and similar forms of forced
labor, making them punishable offenses.
Exception: The State can impose compulsory public service for public
purposes (e.g., military conscription or civil duties during war) without
discrimination.
ARTICLE 24: PROHIBITION OF CHILD LABOUR

No child below the age of 14 years can be employed in any hazardous or

dangerous workplace (e.g., factories, mines).
Children are permitted to work in safe, non-hazardous family setups after
school hours.

4. RIGHT TO FREEDOM OF RELIGION (ARTICLES 25–28)

ARTICLE 25: FREEDOM OF CONSCIENCE AND PROFESSION

Guarantees freedom of conscience and the right to freely profess, practice,

and propagate any religion of choice.
ARTICLE 26: FREEDOM TO MANAGE RELIGIOUS AFFAIRS

Provides the collective right for religious denominations to establish and

maintain institutions and manage their own religious affairs.
ARTICLE 27: FREEDOM FROM TAXATION FOR RELIGIOUS PROMOTION

No person can be compelled to pay any taxes specifically meant for the
promotion or maintenance of any particular religion or religious
denomination (dharm ke naam pe tax freedom).
ARTICLE 28: FREEDOM FROM RELIGIOUS INSTRUCTION IN EDUCATIONAL INSTITUTIONS

No religious instruction shall be provided in any educational institution wholly

maintained or aided out of State/Government funds.
5. CULTURAL AND EDUCATIONAL RIGHTS (ARTICLES 29–30)
ARTICLE 29: PROTECTION OF INTERESTS OF MINORITIES

Provides any section of citizens residing in India the right to conserve their
distinct language, script, or culture.
ARTICLE 30: RIGHT OF MINORITIES TO ESTABLISH EDUCATIONAL INSTITUTIONS

Grants religious and linguistic minorities the right to establish and administer
educational institutions of their choice.
Allows them to provide education to their children in their native language.
Note: The term "Minority" is nowhere defined in the Constitution.

6. RIGHT TO CONSTITUTIONAL REMEDIES (ARTICLES 32–35)

ARTICLE 32: THE HEART AND SOUL OF THE CONSTITUTION

Termed the "Heart and Soul of the Indian Constitution" by Dr. B.R.
Ambedkar.
Empowers citizens to move directly to the Supreme Court for the
enforcement of Fundamental Rights.
SUPREME COURT (ART 32) VS. HIGH COURT (ART 226) WRIT JURISDICTION

Article 226 allows citizens to approach the High Court when rights are
violated.
Refusal: The Supreme Court cannot refuse to issue a writ (as Art 32 is itself
a Fundamental Right), whereas a High Court can refuse (as Art 226 is a
discretionary remedy).
Scope: The High Court’s writ jurisdiction is wider than the Supreme Court's.
The Supreme Court can issue writs only for Fundamental Rights, while
High Courts can issue them for both Fundamental Rights and ordinary
Legal Rights.

THE FIVE TYPES OF WRITS

1. Habeas Corpus: * Literal Meaning: "To have the body of".

Purpose: Issued against unlawful or illegal detention; directs the
detaining person to produce the detainee before the court.
Applicability: Can be issued against both public authorities and
private individuals.
 2. Mandamus: * Literal Meaning: "We command".
Purpose: A directive issued to a public official, lower court,
corporation, or tribunal demanding they perform a mandatory
statutory duty that they failed or refused to perform.
3. Prohibition: * Literal Meaning: "To forbid".
Purpose: Issued by a higher court to a lower court or tribunal to
prevent it from exceeding its authorized jurisdiction.
Applicability: Can only be issued against judicial and quasi-judicial
authorities.
4. Certiorari: * Literal Meaning: "To be certified" or "To be informed".
Purpose: Issued by a higher court to quash an order already
passed by a lower court or tribunal due to an excess of jurisdiction,
lack of jurisdiction, or a legal error.
Applicability: Issued against judicial and quasi-judicial authorities,
not administrative ones.
5. Quo-Warranto: * Literal Meaning: "By what authority or warrant?".
Purpose: Issued by the court to investigate the legality of a
person's claim to a public office, preventing illegal usurpation.
Applicability: Can only be issued in the case of a substantive public
office of a permanent character.

CONCLUDING ARTICLES (ARTICLES 33–35)

ARTICLE 33: POWER OF PARLIAMENT TO MODIFY RIGHTS

Empowers Parliament to restrict or modify the application of Fundamental

Rights for members of the Armed Forces, paramilitary forces, police forces,
and intelligence agencies to ensure proper discharge of duties and
maintenance of discipline.
ARTICLE 34: RESTRICTIONS DURING MARTIAL LAW

Restricts Fundamental Rights while Martial Law (military rule) is actively in

force in any particular area.
ARTICLE 35: LEGISLATION TO GIVE EFFECT TO RIGHTS

The power to make laws to give effect to specified Fundamental Rights is

vested only in Parliament, and not in State Legislatures.
RIGHTS SUMMARY BY CITIZENSHIP STATUS
Rights Available ONLY to Indian Citizens (Not available to foreigners):
Articles 15, 16, 19, 29, and 30.