Fundamental Rights

(Part III: Articles 12 to 35)

Meaning of Fundamental Rights

guaranteed by the Constitution of India

ensure justice, liberty, equality, and dignity in society.

They are called “fundamental” because:

1. They are guaranteed and protected by the Constitution (Part III,

Articles 12 to 35).

2. They are essential for the full development—physical, mental,

moral, and spiritual—of individuals.

3. They are enforceable by courts. If violated, a person can directly

approach the Supreme Court under Article 32.

They are justiciable, meaning they can be enforced by the courts.

The Supreme Court (Article 32) and High Courts (Article 226) have the
power to issue writs for their protection.

Fundamental Rights differ from legal rights, which are protected by

ordinary law and can be changed by the legislature.

• Given in Part III of the Constitution

• Known as the Magna Carta of India
• Inspired by USA’s Bill of Rights
 • Can be enforced by courts

Can be restricted during Emergency (except Articles 20 and 21)

Why is Part III called the "Magna Carta of India"?

• The term "Magna Carta" refers to the Great Charter of Rights

issued by King John of England in 1215.

• It was the first written document that recognized the rights of

subjects and limited the powers of the king.

• Similarly, Part III of the Indian Constitution:

o Guarantees fundamental freedoms to individuals

o Limits the powers of the state

o Protects individual liberty, dignity, and equality

o Empowers courts to enforce these rights

Citizens vs Foreigners

Certain rights such as Articles 15, 16, 19, 29, and 30 are available only to
citizens, while other rights including Articles 14, 20, 21, 22, 23, 25–28,
and 32 are available to all persons, including foreigners.
Classification of Fundamental Rights

There are six categories of Fundamental Rights:

1. Right to Equality (Articles 14 to 18)

• Article 14 ensures equality before the law and equal protection of

the laws to all persons within the territory of India.

Equality Before Law and Equal Protection of Laws

• All persons (citizens + foreigners) are equal before the law

• The State cannot discriminate in legal protection

• Ensures rule of law and non-arbitrary actions

Meaning:

1. Equality Before Law:

• No one is above the law

• Every person is subject to the same law, regardless of status

2. Equal Protection of Laws:

• Similar cases are treated alike

• Reasonable classification is allowed (not arbitrary)

Example of equality:
 • A rich businessman and a poor labourer, if both commit theft, will
be punished under the same law

Allowed classification:

• Giving reservation to SC/ST/OBC in education/employment —

because it's a reasonable classification for upliftment

Questions

1. Fundamental Rights are justiciable because:

A) They can be amended by Parliament anytime
B) Courts can enforce them and provide remedies
C) They are moral obligations
D) Only the President can enforce them

2. Which Article allows a person to directly approach the Supreme

Court for enforcement of Fundamental Rights?
A) Article 14
B) Article 19
C) Article 32
D) Article 226
3. Part III of the Indian Constitution is called the “Magna Carta of
India” because:
A) It grants the power to dissolve Parliament
B) It guarantees fundamental freedoms and limits state power
C) It creates local governments
D) It allows emergency powers without restriction

4. Which Fundamental Rights are available only to Indian citizens?

A) Articles 14, 20, 21
B) Articles 15, 16, 19, 29, 30
C) Articles 23, 25, 26
D) Articles 32, 21, 22

5. Right to Equality is covered under which Articles?

A) 14–18
B) 19–22
C) 23–24
D) 25–30

6. What does “Equality Before Law” mean?

A) Some classes have special privileges
B) No one is above the law; everyone is subject to it
C) Only citizens are equal
D) Law applies differently to different regions
7. What does “Equal Protection of Laws” mean?
A) Similar cases must be treated alike, with reasonable classification
allowed
B) Laws protect only the rich
C) All laws are same for all countries
D) Laws apply only to citizens

8. Which Articles cannot be suspended even during Emergency?

A) 14 & 19
B) 20 & 21
C) 15 & 16
D) 17 & 18

9. Fundamental Rights differ from legal rights because:

A) Legal rights are enforceable in courts
B) Fundamental Rights are guaranteed by Constitution; legal rights by
ordinary law
C) Legal rights cannot be amended
D) Fundamental Rights are optional

10. Example of reasonable classification under Right to Equality is:

A) Punishing rich more than poor for same crime
B) Reservation for SC/ST/OBC in education/employment
C) Giving extra tax to rich
D) Exempting foreigners from laws

Answers:
 Equity vs Equality

Equality – Same treatment for all

• Definition: Giving everyone the same resources, opportunities, or

treatment, regardless of their individual needs or circumstances.

• Focus: Uniformity

• Assumption: Everyone starts from the same place or has the same
needs.

• Example: Giving every student the same set of books, even if

some students are visually impaired.

Equality ensures fairness only if everyone is at the same starting point.

Equity – Fair treatment according to need

• Definition: Giving each person what they need to be successful or

reach the same outcome as others.

• Focus: Justice and need-based support

• Assumption: People have different needs, challenges, and

disadvantages.

• Example: Giving extra learning support or resources to students

with disabilities or from disadvantaged backgrounds.

Equity ensures fairness by adjusting support based on individual

differences.
Key Difference

• Equality = Same for all

• Equity = Fair for all (based on need)

Article 15 – Prohibition of Discrimination

• The State shall not discriminate against any citizen on grounds

only of:

o Religion

o Race

o Caste

o Sex

o Place of birth

• However, the Constitution allows the State to make special

provisions for:

o Women and children

o Socially and educationally backward classes

o Scheduled Castes (SCs) and Scheduled Tribes (STs)

Examples:

Allowed provisions (positive discrimination):

• Reservation in colleges/jobs for SC/ST/OBC

• Free education or hostel facilities for girls

• Special nutrition schemes for children

• Separate queues or coaches for women in public transport

Not allowed (discrimination):

• Refusing someone a job only because of their caste

• Denying admission only because the student is from a certain

religion or region
 Article 16 – Equality of Opportunity in Public Employment

What it guarantees:

• Equal opportunity for all citizens in government jobs

• No discrimination in public employment based on:

o Religion

o Race

o Caste

o Sex

o Place of birth

What the State can do (Permissible provisions):

• Reserve jobs for:

o Economically weaker sections (EWS)

o Domicile-based reservation in certain states

Examples:

Allowed:

• 15% job reservation for SCs in central government jobs

• Reservation for economically weaker sections (EWS) up to 10%

Not allowed:

• Denying job only because candidate is from a specific religion or

region

• Reserving jobs for a particular religion only

Questions
1. Article 15 prohibits discrimination on the grounds of:
A) Religion, Race, Caste, Sex, Place of birth
B) Age, Income, Profession
C) Language, Political belief
D) Education, Skills

2. Under Article 15, special provisions can be made for:

A) Foreigners
B) Women, children, SC/ST, socially and educationally backward classes
C) Only men
D) Only economically rich citizens

3. Which of the following is an example of allowed positive

discrimination under Article 15?
A) Denying a job to someone because of caste
B) Reservation in colleges for SC/ST/OBC
C) Refusing admission based on religion
D) Denying entry in public transport to certain communities
4. Refusing admission to a student only because of their religion is:
A) Allowed under Article 15
B) Not allowed (prohibited discrimination)
C) Allowed if government permits
D) Allowed for private institutions

5. Article 16 guarantees equality of opportunity in:

A) Education
B) Public employment / government jobs
C) Housing
D) Business

6. Article 16 prohibits discrimination in public employment based on:

A) Religion, Race, Caste, Sex, Place of birth
B) Skill, Education, Experience
C) Age, Income
D) Region only

7. Which of the following is allowed under Article 16?

A) Reserving jobs exclusively for a particular religion
B) 15% reservation for SCs in central government jobs
C) Denying jobs to candidates from a certain state
D) Giving jobs only to men
8. Reservation for Economically Weaker Sections (EWS) in government
jobs is allowed up to:
A) 5%
B) 10%
C) 15%
D) 20%

9. Domicile-based reservation in public employment is:

A) Not allowed
B) Allowed in certain states as per Article 16
C) Allowed for all citizens equally
D) Only for foreigners

10. Denying a government job to someone only because they are from
a particular region is:
A) Allowed
B) Not allowed (prohibited discrimination)
C) Allowed under Article 15
D) Allowed for SC/ST only
Answers:
Article 17 – Abolition of Untouchability
What it states:

• Untouchability is abolished
• Its practice in any form is forbidden

Legal Provisions:

• Untouchability is a punishable offence

• Parliament passed the Protection of Civil Rights Act, 1955 to

enforce Article 17

• Later strengthened by SC/ST (Prevention of Atrocities) Act, 1989

Article 18 – Abolition of Titles

• Abolishes all titles conferred by the State (Govt.)

• Except:
Military distinctions (e.g., Captain, Major)
Academic titles (e.g., Dr., Professor)

Key Provisions:

• No citizen shall accept any title from the Indian government

• Foreigners cannot accept titles from the Indian State

• Indian citizens cannot accept titles from foreign States without

government permission

Not Allowed:

• Titles like "Raja", "Nawab", "Sir", or "Maharaja"

Allowed:

• Dr. A.P.J. Abdul Kalam (academic)

• Field Marshal Sam Manekshaw (military)

Questions

1. Article 17 of the Indian Constitution deals with:

A) Right to Education
B) Abolition of Untouchability
C) Right to Equality in Public Employment
D) Freedom of Religion

2. Which of the following is true about Article 17?

A) Untouchability is allowed in certain areas
B) Untouchability is abolished and its practice is forbidden
C) Only certain castes are protected
D) Only social boycott is prohibited

3. Which Act was passed to enforce Article 17?

A) Right to Education Act, 2009
B) Protection of Civil Rights Act, 1955
C) SC/ST Reservation Act, 1976
D) Equal Remuneration Act, 1976

4. The SC/ST (Prevention of Atrocities) Act, 1989, is related to:

A) Education rights
B) Strengthening enforcement of Article 17
C) Abolition of Titles
D) Public Employment
5. Article 18 of the Constitution abolishes:
A) Reservation
B) Titles conferred by the State
C) Social discrimination
D) Untouchability

6. Which titles are exempted under Article 18?

A) Raja, Nawab, Sir
B) Military distinctions (e.g., Captain, Major) and Academic titles (e.g.,
Dr., Professor)
C) Honorary titles from foreign states without permission
D) Titles given by local bodies

7. Can Indian citizens accept titles from foreign states?

A) Yes, freely
B) No, never
C) Only with government permission
D) Only academic titles

8. Which of the following is an example of an allowed title under

Article 18?
A) Sir Ramesh
B) Maharaja Hari Singh
C) Dr. A.P.J. Abdul Kalam
D) Nawab Khan
9. Which of the following titles is explicitly prohibited under Article
18?
A) Captain
B) Professor
C) Raja
D) Dr.

10. Article 17 and 18 together aim to:

A) Promote government titles and honours
B) Remove social inequalities and prevent misuse of titles
C) Provide reservation in education
D) Ensure freedom of religion

Answers:
Article 19
Available only to Indian citizens

1. Freedom of Speech and Expression

• Speak, express views, publish, or protest peacefully

• Example: Posting opinions on social media, writing articles

2. Freedom to Assemble Peacefully

• Right to hold meetings, rallies, protests

• Example: Peaceful candle march

• No right to violent or armed gatherings

3. Freedom to Form Associations or Unions

• Form groups, societies, trade unions, NGOs

• Example: Teachers' union, environmental NGO

4. Freedom to Move Freely

• Travel anywhere within India

• Example: Visit any state without restrictions

5. Freedom to Reside and Settle

• Live in any part of India

• Example: A person from Kerala settling in Delhi

6. Freedom of Profession, Occupation, Trade, Business

• Do any legal work or profession

• Example: Open a shop, become a doctor or engineer

MCQ

1. Article 19 of the Indian Constitution is available to:

A) All persons including foreigners
B) Only Indian citizens
C) Only government employees
D) Only SC/ST

2. Which of the following is covered under Article 19(1)(a)?

A) Freedom to move freely
B) Freedom of Speech and Expression
C) Right to Education
D) Right to Religion
3. Freedom of Speech and Expression includes:
A) Speaking, expressing views, publishing, and peaceful protests
B) Only speaking in Parliament
C) Publishing without restrictions even if defamatory
D) Armed protests

4. Which of the following is an example of freedom of assembly under

Article 19(1)(b)?
A) Peaceful candle march
B) Violent mob gathering
C) Armed protest
D) Private office meeting

5. Freedom to form associations or unions is covered under:

A) Article 19(1)(c)
B) Article 19(1)(d)
C) Article 19(1)(a)
D) Article 19(1)(f)
6. Which of the following is an example of forming an association
under Article 19(1)(c)?
A) Teachers’ union
B) Armed militia
C) Private family meeting
D) Religious conversion

7. Freedom to move freely within India is covered under:

A) Article 19(1)(d)
B) Article 19(1)(e)
C) Article 19(1)(f)
D) Article 21

8. Freedom to reside and settle anywhere in India is covered under:

A) Article 19(1)(d)
B) Article 19(1)(e)
C) Article 19(1)(f)
D) Article 22

9. Freedom to practice any profession, trade, or business legally is

covered under:
A) Article 19(1)(c)
B) Article 19(1)(d)
C) Article 19(1)(e)
D) Article 19(1)(g)
10. Which of the following is NOT allowed under Article 19 freedoms?
A) Peaceful protest
B) Open a legal business
C) Armed gathering or violent protest
D) Settling in any state of India

Answers
Article 20 – Protection in Respect of Conviction for Offences
Applies to citizens and foreigners, for criminal laws only.

No Ex-Post Facto Law

• Cannot be punished for an act that was not a crime when

committed

• Example: A law made in 2025 cannot punish someone for an act

done in 2024

No Double Jeopardy

• Cannot be punished twice for the same offence

• Example: If a person is punished once for theft, they can’t be

punished again for the same theft

3. No Self-Incrimination

• Cannot be forced to confess guilt

• Right to remain silent

• Example: Police cannot force a person to give a confession

Protects only against criminal punishment, not civil or tax matters.

Article 21 – Right to Life and Personal Liberty

Applies to: All persons (citizens + foreigners)

• "No person shall be deprived of life or personal liberty except

according to procedure established by law."

Right to Life includes:

• Right to live with dignity

• Right to clean environment

• Right to health

• Right to shelter

• Right to education (now separately under Article 21A)

• Right to livelihood

• Right to privacy (as per Supreme Court 2017 judgment)

Right to Personal Liberty includes:

• Protection from illegal arrest or detention

• Right to travel abroad

• Right against custodial violence

Procedure Established by Law

 • A person’s life or liberty can only be taken by a fair, just and
reasonable law

• Not just any law – it must pass the test of fairness

Important Judgments

• Maneka Gandhi Case (1978): Expanded the scope of Article

21
• Justice K.S. Puttaswamy Case (2017): Declared Right to
Privacy as a part of Article 21
Article 21A – Right to Education
Right to free and compulsory education for children aged 6 to 14 years.

Inserted by:-86th Constitutional Amendment Act, 2002

Came into effect:- 1st April 2010 (through RTE Act, 2009)

Nature:-Fundamental Right under Part III of the Constitution.

Responsibility:-State must provide education in neighbourhood schools.

Act:Right of Children to Free and Compulsory Education Act, 2009

(commonly known as RTE Act)

Key Features of RTE Act (2009)

• Free education – No tuition fee, books, uniforms, etc.

• Compulsory education – Government must ensure admission,
attendance, and completion.
• Private schools must reserve 25% seats for weaker sections &
disadvantaged groups.
• Prohibits physical punishment, screening tests, capitation fees, and
mental harassment.
• Focus on child-friendly learning and qualified teachers.
MCQ
1. Article 20 of the Constitution applies to:
A) Citizens only
B) Citizens and foreigners, for criminal laws only
C) Civil matters only
D) Tax matters only

2. What does “No Ex-Post Facto Law” mean under Article 20?
A) Can be punished for any act
B) Cannot be punished for an act that was not a crime when committed
C) Can be tried twice for the same act
D) Cannot appeal in court

3. “No Double Jeopardy” under Article 20 means:

A) Cannot be punished for any crime
B) Cannot be punished twice for the same offence
C) Cannot be arrested twice in a month
D) Can only be punished by civil law

4. “No Self-Incrimination” guarantees:

A) Right to free legal aid
B) Cannot be forced to confess guilt; right to remain silent
C) Right to appeal
D) Right to vote
5. Article 20 protects against:
A) Criminal punishment only
B) Civil disputes only
C) Tax matters only
D) All types of legal matters

6. Article 21 applies to:

A) Citizens only
B) All persons (citizens + foreigners)
C) Only government employees
D) Only adults above 18

7. The basic text of Article 21 is:

A) “No person shall be deprived of property without compensation”
B) “No person shall be deprived of life or personal liberty except
according to procedure established by law”
C) “All citizens have right to vote”
D) “All persons have freedom of religion”

8. Right to Life under Article 21 includes:

A) Right to vote and contest elections
B) Right to live with dignity, health, clean environment, shelter,
livelihood, education, privacy
C) Right to travel abroad only
D) Only freedom of expression
9. Right to Personal Liberty under Article 21 includes:
A) Protection from illegal arrest/detention, right to travel abroad, right
against custodial violence
B) Right to form associations
C) Right to property
D) Right to hold government office

10. “Procedure established by law” under Article 21 means:

A) Any law passed by Parliament can deprive life/liberty
B) Only fair, just, and reasonable laws can deprive life or liberty
C) Laws can arbitrarily deprive liberty
D) Only President can decide

11. Important judgment expanding Article 21 (Right to Life) was:

A) Kesavananda Bharati Case (1973)
B) Maneka Gandhi Case (1978)
C) Golaknath Case (1967)
D) Indira Gandhi vs Raj Narain (1975)

12. Right to Privacy as part of Article 21 was recognized in:

A) Maneka Gandhi Case (1978)
B) Justice K.S. Puttaswamy Case (2017)
C) Kesavananda Bharati Case (1973)
D) ADM Jabalpur Case (1976)
13. Article 21A guarantees:
A) Free and compulsory education for children aged 6–14 years
B) Right to higher education only
C) Right to vocational training for adults
D) Right to private tutoring

14. Article 21A was inserted by:

A) 42nd Constitutional Amendment, 1976
B) 86th Constitutional Amendment, 2002
C) 73rd Constitutional Amendment, 1992
D) 44th Constitutional Amendment, 1978

15. Key feature of RTE Act, 2009 includes:

A) Private schools must reserve 25% seats for weaker/disadvantaged
sections
B) Tuition fees can be charged for all students
C) Screening tests are mandatory
D) Physical punishment is allowed
Answers

Article 22 – Protection Against Arrest and Detention

Article 22 is a Fundamental Right under Part III of the Indian

Constitution.

It ensures that no person is arrested or detained arbitrarily and lays

down safeguards for both punitive detention and preventive
detention.

A. Rights in Case of Punitive Detention (i.e., after committing a crime)

These are legal protections for a person who is arrested for a crime.

1. Right to be informed of the reason for arrest.

2. Right to consult and be defended by a legal practitioner (lawyer).

3. Right to be produced before a magistrate within 24 hours of

arrest.

4. Right not to be detained beyond 24 hours without the

magistrate's permission.

Example : Arrest during Protest

• If someone is arrested during a peaceful protest:

o Police must inform the reason for arrest.

o Present the person before a magistrate within 24 hours.

o Allow lawyer consultation.

If these rights are denied, the person can approach High

Court/Supreme Court under Article 226/32.

Rights in Case of Preventive Detention (i.e., to prevent a possible

crime)

A person can be detained without trial if the government believes the

person might commit a crime in the future, such as:

• Threat to national security

 • Public order

• Foreign affairs

• Defense of India

Safeguards under Preventive Detention:

• Detainee must be informed of the grounds of detention (unless

it’s against public interest).
• Can make a representation against the detention.
• A person can be detained up to 3 months without the advisory
board’s permission.
• Advisory Board of High Court judges must review if detention goes
beyond 3 months.

Exceptions:

• Enemy aliens and people arrested under preventive detention

laws do not get the full protections under 22

Example : Detention under NSA (National Security Act)

• If a person is suspected to be involved in activities threatening

national security, he can be detained without trial under NSA.

• He must be informed of the grounds and allowed to make a

representation within 5 days.

• Detention cannot exceed 3 months unless reviewed by Advisory

Board.
1. Article 22 of the Indian Constitution deals with:
A) Right to Education
B) Protection against arrest and detention
C) Freedom of Religion
D) Right to Property

2. Article 22 provides safeguards against:

A) Arbitrary arrest and detention
B) Tax evasion
C) Employment discrimination
D) Social inequality

3. Which of the following is a right in case of punitive detention?

A) Right to be informed of reason for arrest
B) Right to free housing
C) Right to free travel abroad
D) Right to form associations

4. A person arrested for committing a crime must be produced before

a magistrate within:
A) 12 hours
B) 24 hours
C) 48 hours
D) 72 hours
5. Right to consult a lawyer is guaranteed under:
A) Article 19
B) Article 20
C) Article 22
D) Article 21A

6. Preventive detention allows detention:

A) Only after trial
B) To prevent possible future crime
C) For civil disputes
D) Only for minor offences

7. Maximum period a person can be detained under preventive

detention without Advisory Board review is:
A) 1 month
B) 3 months
C) 6 months
D) 12 months

8. Advisory Board for preventive detention consists of:

A) Parliament members
B) High Court judges
C) State police officials
D) President’s nominees
9. Which of the following persons does not get full protection under
Article 22?
A) Citizens arrested for petty crimes
B) Enemy aliens and persons under preventive detention laws
C) Lawyers
D) Teachers

10. Under preventive detention, a detainee must:

A) Be detained indefinitely
B) Be informed of grounds (unless against public interest) and allowed
to make a representation
C) Be released immediately
D) Not allowed to approach courts
Article 23 – Prohibition of Human Trafficking and Forced Labour

• Human trafficking: Selling, buying, or transporting humans for

exploitation (e.g., prostitution, slavery).

• Forced labour (begar): Making someone work without payment

or against their will.

• Applies to citizens and foreigners.

• Punishable offence under law.

Example:
Human Trafficking

• A gang illegally sells children to work in factories.

• Migrant workers are transported across borders without proper

documents and forced to work in inhuman conditions.

• A criminal network buys and sells people for organ trade.

Forced Labour (Begar)

• A landlord forces poor villagers to work on his farm without

payment in return for “protection.”

• An employer confiscates a worker’s wages and identity papers,

forcing them to keep working.

• Debt bondage: A poor family works for years without pay to repay
a small loan they took long ago.
 • A construction worker is threatened with violence if he refuses to
work overtime without pay.

Article 24 – Prohibition of Child Labour in Hazardous Jobs

No child below 14 years can be employed in:

➢ Factories – e.g., textile mills, chemical plants.

➢ Mines – e.g., coal mines, stone quarries.
➢ Any hazardous occupation – work that endangers health, safety,
or morals of children.

Aims to protect children’s health, safety, and education.

Not a violation if the child helps parents in non-hazardous family

business after school hours (as allowed under certain conditions in the
Child Labour (Prohibition and Regulation) Amendment Act, 2016).
Questions

1. Article 23 of the Constitution prohibits:

A) Child education
B) Human trafficking and forced labour
C) Freedom of speech
D) Tax evasion

2. Which of the following is considered human trafficking?

A) Selling, buying, or transporting humans for exploitation
B) Employing adults with their consent
C) Organizing voluntary charity work
D) Migrants travelling for employment legally

3. Forced labour (begar) means:

A) Voluntary work with fair wages
B) Work without payment or against the will of a person
C) Work for charity
D) Internship with consent

4. Article 23 applies to:

A) Only Indian citizens
B) Citizens and foreigners
C) Only children
D) Only government employees
5. Example of forced labour is:
A) Debt bondage
B) Working voluntarily in NGO
C) Freelance work
D) Studying at school

6. Article 24 prohibits employment of children below 14 years in:

A) Non-hazardous family work after school
B) Factories, mines, and hazardous occupations
C) Playing sports
D) Schools

7. The aim of Article 24 is to protect children’s:

A) Voting rights
B) Health, safety, and education
C) Employment only
D) Property rights

8. Can children help their parents in non-hazardous family work under

Article 24?
A) No, never allowed
B) Yes, after school hours under certain conditions
C) Only if they are above 18
D) Only in government-approved jobs
9. Which of the following is an example of human trafficking?
A) Selling children to work in factories illegally
B) Volunteering at school
C) Helping parents at home
D) Teaching younger siblings

10. Debt bondage under Article 23 means:

A) Paying loans on time
B) Working for years without pay to repay a small loan
C) Investing in business legally
D) Voluntary internship for experience
 Right to Freedom of Religion (Articles 25–28)

Article 25 – Freedom of Conscience & Religion

• Right to profess (declare), practice, and propagate (spread) any

religion.

Provision:

• Every person has the right to:

1. Profess – Declare one’s religion openly.

2. Practice – Follow religious rituals, worship, and customs.

3. Propagate – Spread or communicate one’s religion to others.

• Subject to public order, morality, and health.

Article 26 – Rights of Religious Denominations

• Any religious group/denomination can:

1. Establish & manage religious institutions.

2. Own & acquire property.

3. Administer their affairs in religion.

Rights Given to Religious Groups / Denominations

Any religious group or denomination can:

1. Establish & Manage Religious Institutions

o E.g., A community setting up a temple and managing it.

2. Own & Acquire Property

o E.g., A church buying land to build a prayer hall.

3. Administer Affairs in Matters of Religion

o E.g., A Sikh gurdwara deciding how rituals will be

performed.

Article 27 – No Tax for Promoting Religion

• Citizens cannot be forced to pay taxes for promoting or
maintaining any specific religion.

Meaning

• Government funds collected from taxes cannot be used

exclusively for the benefit of one religion.

• Maintains secular character of the State.

Allowed:

• Tax money used for public welfare projects (roads, schools) that
benefit everyone.

• Granting funds to religious schools if they serve a secular purpose

(e.g., midday meals).

Not Allowed:

• A special tax on citizens to repair only a mosque or a temple.

• Using tax money to build a church or conduct religious ceremonies

of a specific faith.

Article 28 – Religious Instruction in Educational Institutions

• No religious teaching in schools wholly funded by the
government.

• Religious instruction is allowed in private or partially funded

institutions (with consent).

Example:
A fully government-run school cannot teach prayers of only one
religion.
1. Article 25 guarantees:
A) Right to equality in public employment
B) Freedom of conscience and religion
C) Protection against forced labour
D) Right to education

2. Under Article 25, every person has the right to:

A) Profess, practice, and propagate any religion
B) Establish a new political party
C) Force others to follow their religion
D) Collect taxes for their religion

3. The right to propagate a religion under Article 25 is subject to:

A) Freedom of press
B) Public order, morality, and health
C) Private property rights
D) Employment laws

4. Article 26 gives rights to:

A) Individual citizens only
B) Religious denominations or groups
C) Government officials
D) Non-religious organizations
5. Which of the following is allowed under Article 26?
A) Establishing and managing religious institutions
B) Forcing others to follow religion
C) Imposing taxes for religion
D) Banning other religions

6. Article 27 states:
A) Citizens can be forced to pay taxes for religious promotion
B) No tax can be imposed for promoting or maintaining any specific
religion
C) Only minorities can be taxed
D) Taxes can be used exclusively for temples

7. Which of the following is NOT allowed under Article 27?

A) Using tax money for roads and schools
B) Granting funds to secular-purpose religious schools
C) Special tax to repair only a mosque or temple
D) Public welfare projects benefiting everyone

8. Article 28 prohibits:
A) Private religious teaching in any school
B) Religious instruction in fully government-funded schools
C) Freedom of conscience
D) Formation of religious institutions
9. Religious instruction is allowed under Article 28 in:
A) Fully government-funded schools
B) Private or partially funded schools with consent
C) Any school without restrictions
D) Only in minority schools

10. Example of Article 28 violation:

A) A government school teaches prayers of only one religion
B) A private school allows optional religious classes
C) A community temple teaching rituals
D) Secular schools teaching civic duties
 Cultural & Educational Rights (Articles 29–30)
Article 29 – Protection of Minority Interests

Article 29: Protection of Minority Interests

1. Right to preserve language, script, and culture

o Any section of citizens having a distinct language, script, or

culture has the right to conserve it.
Example:

o A Tamil-speaking community in Delhi can establish and run

schools to promote the Tamil language and culture.

o Marathi-speaking people in Karnataka can open institutions

to preserve Marathi language and literature.

2. No discrimination in admission

o No citizen can be denied admission to any State-run or

State-aided educational institution on grounds of religion,
race, caste, language, or any of them.
Example:

o A Muslim student cannot be denied admission to a

government college only because of religion.

o A Hindi-speaking student cannot be refused admission in a

government school in Kerala.

Article 30 – Right to Establish & Manage Institutions

Right of minorities (religious and linguistic)

o All minorities, whether based on religion or language,

have the right to establish and administer educational
institutions of their choice.

Example:

o A Christian community can establish and manage a

Christian school.

o A Telugu-speaking minority in Maharashtra can open

and run a Telugu-medium school.

No discrimination in granting aid

o The State cannot discriminate while giving aid to

educational institutions just because they are minority-
run.

Example:

o If the government provides grants to private schools, it

cannot deny aid to a Muslim-run college simply
because it is a minority institution.

NOTES
Article 31

Article 31: Right to Property (Repealed)

Original Provision

o Article 31 guaranteed the Right to Property as a

Fundamental Right.

Issues with Article 31

o Land reforms and redistribution became difficult because

every acquisition of land required “compensation,” leading
to endless litigation.

o It was seen as protecting landlords and obstructing social

justice.

44th Amendment Act, 1978

o Article 31 was deleted from Fundamental Rights.

o The Right to Property was moved to Article 300A under the

chapter Legal/Constitutional Rights.

o Now, property is not a Fundamental Right, but a legal right.

Current Position (Article 300A)

o “No person shall be deprived of his property except by

authority of law.”

o Meaning: The State can still acquire property, but

compensation may not always be guaranteed as a
fundamental right—only as per law passed by the
legislature.
MCQ
1. Article 29 of the Constitution protects:
A) Right to vote
B) Minority interests – language, script, and culture
C) Freedom of profession
D) Right to form associations

2. Under Article 29, a Tamil-speaking community in Delhi can:

A) Be denied school admission for language reasons
B) Establish and run schools to promote Tamil language and culture
C) Only teach Hindi
D) Collect taxes for Tamil schools

3. Article 29 ensures no discrimination in:

A) Government jobs
B) Admission to State-run or aided educational institutions
C) Private property rights
D) Freedom of speech

4. Article 30 grants minorities the right to:

A) Vote in local elections
B) Establish and administer educational institutions of their choice
C) Collect taxes
D) Ban other religions
5. Which of the following is allowed under Article 30?
A) Christian community establishing a Christian school
B) Denying aid to minority-run schools
C) Forcing students to follow state religion
D) Banning linguistic minorities from schools

6. Under Article 30, the State cannot:

A) Provide aid to educational institutions
B) Discriminate while granting aid to minority institutions
C) Regulate private schools
D) Levy taxes on schools

7. Article 31 originally guaranteed:

A) Right to Equality
B) Right to Property as a Fundamental Right
C) Right to Education
D) Right to Religion

8. Why was Article 31 repealed by the 44th Amendment, 1978?

A) It conflicted with freedom of speech
B) Land reforms were obstructed due to compensation requirement
C) It limited Right to Education
D) It violated secularism
9. After repeal, Right to Property is now:
A) Abolished entirely
B) A Fundamental Right
C) A legal right under Article 300A
D) Only for government employees

10. Current provision under Article 300A states:

A) No person can be deprived of property except by authority of law
B) Property can never be acquired by the State
C) Property rights include voting rights
D) State must provide free property to all citizens
Right to Constitutional Remedies (Article 32)
Article 32: Right to Constitutional Remedies

1. Meaning

o It gives citizens the right to move the Supreme Court directly

in case of violation of Fundamental Rights.

o The Court acts as the protector and guarantor of

Fundamental Rights.

2. Writ Jurisdiction of Supreme Court

The Supreme Court can issue five writs to enforce rights:

Court can issue writs:

1. Habeas Corpus – Produce a detained person.

2. Mandamus – Order authority to perform duty.

3. Prohibition – Stop lower court from exceeding its powers.

4. Certiorari – Quash an order of a lower court.

5. Quo Warranto – Question authority holding public office.

• Dr. B.R. Ambedkar called Article 32 the Heart & Soul of the
Constitution
Habeas Corpus – “Produce the Body”

Court orders that a detained person be brought before it to check

legality of detention.

Examples:

1. Police detains a protester without showing charges → family files

Habeas Corpus.

2. A journalist is kept in custody beyond 24 hours without being

presented before a magistrate → Court orders release.

3. A person is arrested under preventive detention law without valid

reason → Habeas Corpus petition filed.

4. A kidnapped person is held by someone illegally → Court directs

production of that person.

Mandamus – “We Command”

Court orders a public authority to perform its legal duty.

Examples:

1. Government refuses to pay pension despite eligibility → Court

directs payment.

2. Municipality fails to provide clean drinking water despite statutory

duty → Court orders compliance.

3. Public Information Officer denies RTI reply without reason →

Court directs him to furnish the information.
 4. Election Commission official refuses to conduct a by-election →
Court can compel him to act.

Prohibition – “To Forbid”

Issued to stop a lower court/tribunal from exceeding its jurisdiction.

Examples:

1. A consumer forum starts hearing a criminal case → higher court

prohibits it.

2. A family court begins trial on a taxation matter → Court stops it.

3. A tribunal tries to decide on national security issues beyond its

authority → Court issues prohibition.

4. A district court takes up a matter already reserved for the

Supreme Court → prohibited immediately.
Certiorari – “To be Certified”

The Supreme Court/High Court quashes an unlawful order of a lower

court/tribunal.

Examples:

1. High Court quashes dismissal order of a government employee

passed without giving him a fair hearing.

2. Supreme Court quashes conviction by a trial court where evidence

was fabricated.

3. High Court cancels order of a tribunal that went against principles

of natural justice.

4. Supreme Court sets aside an order passed by a state election

tribunal which exceeded its jurisdiction.
Quo Warranto – “By What Authority”

Issued to prevent a person from holding a public office illegally.

Examples:

1. A person is appointed Vice-Chancellor of a university without

meeting UGC qualifications → Court questions authority.

2. A politician occupies the office of Chief Minister despite being

disqualified → Court issues Quo Warranto.

3. An ineligible person is appointed as State Public Service

Commission Chairman → Court intervenes.

4. A government servant continues in office after retirement age →

Court directs removal.

Summary
• Habeas Corpus → Protects personal liberty.
• Mandamus → Ensures performance of duty.
• Prohibition → Prevents excess of jurisdiction.
• Certiorari → Quashes unlawful order.
• Quo Warranto → Questions illegal appointment.
Important Amendments

• 44th (1978) → Removed Right to Property; Articles 20 & 21 non-

suspendable.

• 86th (2002) → Added Article 21A – Right to Education.

MCQ
1. Article 32 of the Indian Constitution guarantees:
A) Right to vote
B) Right to Constitutional Remedies for Fundamental Rights
C) Right to property
D) Right to religion

2. Who called Article 32 the “Heart & Soul of the Constitution”?

A) Jawaharlal Nehru
B) Dr. B.R. Ambedkar
C) Sardar Patel
D) Mahatma Gandhi

3. Which court can be approached directly under Article 32?

A) District Court
B) High Court
C) Supreme Court
D) Family Court
4. Habeas Corpus literally means:
A) We Command
B) Produce the Body
C) To Forbid
D) By What Authority

5. Purpose of Habeas Corpus:

A) Order a government authority to act
B) Quash unlawful orders of lower courts
C) Bring a detained person before the Court to check legality
D) Stop illegal elections

6. Mandamus literally means:

A) We Command
B) To Forbid
C) To be Certified
D) By What Authority

7. Purpose of Mandamus:
A) Stop a lower court from exceeding jurisdiction
B) Direct a public authority to perform its legal duty
C) Question authority holding office
D) Produce a detained person
8. Prohibition writ is issued to:
A) Stop a lower court/tribunal from exceeding jurisdiction
B) Question authority holding office
C) Quash unlawful orders
D) Enforce Fundamental Rights

9. Certiorari writ is issued to:

A) Quash an unlawful order of a lower court/tribunal
B) Direct a public authority to act
C) Question qualifications of a person in office
D) Prevent arbitrary arrest

10. Quo Warranto literally means:

A) Produce the Body
B) By What Authority
C) We Command
D) To be Certified

11. Quo Warranto is used to:

A) Release a detained person
B) Prevent a person from holding a public office illegally
C) Stop trial courts from hearing criminal cases
D) Direct government officers to act
12. Example of Habeas Corpus:
A) Court directs municipality to provide water
B) Court orders release of a person detained without charges
C) Court stops a lower court from hearing taxation case
D) Court questions UGC qualifications of a Vice-Chancellor

13. Example of Mandamus:

A) Court orders release of a detained journalist
B) Court directs pension payment to eligible retiree
C) Court quashes a fabricated criminal conviction
D) Court removes a disqualified Chief Minister

14. Example of Prohibition:

A) Consumer forum starts hearing a criminal case → higher court stops
it
B) Dismissal of government employee quashed
C) Person illegally occupying public office removed
D) Person detained under preventive law released

15. Example of Quo Warranto:

A) Police detains a protester illegally
B) Government fails to pay RTI fee
C) Disqualified politician continues as Chief Minister → Court questions
authority
D) Tribunal exceeds jurisdiction → Court issues Certiorari
Answers:
Article 33 – Power of Parliament to Modify Fundamental Rights for
Armed Forces, Police, etc.

• Parliament can restrict or modify Fundamental Rights of:

1. Armed Forces

2. Police Forces

3. Other services under the State

• Reason: To ensure proper discipline and efficiency in these forces.

• Example: Right to form associations (Article 19) may be restricted

for army personnel.

Article 34 – Restriction of Fundamental Rights in Case of Martial Law

or Defence

• Parliament can restrict Fundamental Rights in case of:

1. Martial law in any area

2. External aggression or war

• Purpose: To ensure national security and public order.

• Example: During war, certain freedoms like movement or speech

may be restricted.
Article 35 – Powers of Parliament to Enforce and Define Exceptions

• Parliament can:

1. Enforce Fundamental Rights

2. Define offences and penalties for violating Fundamental

Rights

3. Make laws for exceptions to Fundamental Rights

• It gives legal authority to Parliament to make detailed laws

relating to Part III.

MCQs

1. Article 33 empowers Parliament to:

A) Abolish Fundamental Rights
B) Modify Fundamental Rights for armed and police forces
C) Suspend the Constitution
D) Declare emergency

2. The purpose of Article 33 is:

A) Ensure equality in jobs
B) Maintain discipline and efficiency in forces
C) Grant extra privileges to citizens
D) Reduce taxes
3. Fundamental Rights that can be restricted under Article 33 include:
A) Right to vote only
B) Right to form associations, etc.
C) Right to property
D) Right to education

4. Article 34 deals with restriction of Fundamental Rights during:

A) Natural disasters
B) Martial law or war/external aggression
C) Elections
D) Economic reforms

5. Article 34 ensures:
A) Complete suspension of the Constitution
B) Protection of national security during emergency or war
C) Unlimited free speech
D) Free education

6. Article 35 gives Parliament power to:

A) Enforce Fundamental Rights and define exceptions
B) Appoint judges
C) Levy taxes on religious institutions
D) Declare emergency
7. Which Article allows Parliament to make laws regarding offences
violating Fundamental Rights?
A) Article 33
B) Article 34
C) Article 35
D) Article 32

8. Example of Article 33 application:

A) Restricting army personnel from forming trade unions
B) Granting extra voting rights to soldiers
C) Giving property rights to police
D) Free education to armed forces

9. Example of Article 34 application:

A) Parliament imposes restrictions on freedom of movement in a war
zone
B) Parliament reduces taxes
C) Courts issue writs
D) Teachers get paid extra

10. Article 35 provides legal authority for:

A) State governments only
B) Supreme Court only
C) Parliament to enforce Part III and define exceptions
D) Local bodies