List of Fundamental Rights (Part III of the
Constitution)
As per Articles 12 to 35 of the Constitution, the Fundamental
Rights currently safeguarded include:
1. Right to Equality (Articles 14–18)
2. Right to Freedom (Articles 19–22)
3. Right against Exploitation (Articles 23–24)
4. Right to Freedom of Religion (Articles 25–28)
5. Cultural and Educational Rights (Articles 29–30)
6. Right to Property (Article 32) (deleted in 44th
Amendment and made legal right in Article 300A)
7. Right to Constitutional Remedies (Articles 32 and
226)
EFERC
“Every Free Eagle Respects Culture & Constitution.”
A. Right to Equality (Articles 14–18)
Article 14: Equality before law and equal protection. No
arbitrary classification.
● Exceptions- Does not mean absolute equality among
the unequal. Means equality amongst similarly
situated.
● Article 15: Prohibition of discrimination
● Based on religion, race, caste, sex, or place of birth,
no one can be denied entry.
● Exceptions- Protective discrimination for women,
children, SC and ST.
● Article 16: Equality of opportunity
● In public employment in an office under the state.
● However, essential qualifications can be specified.
Reservation can be made for backward classes.
● Article 17: Abolition of untouchability
● Punishable offence under law.
● Article 18: Abolition of titles
● Titles like ‘Rai Bahadur’ etc.
● Only military or academic disctinctions like Param
Vir Chakra, Mahavir Chakra, Vir Chakra, Padam
Shri, Padma Vibhushan, Padma Bushan and Bharat
Ratna.
B. Right to Freedom (Articles 19–22)
1. Article 19: 6 Fundamental Freedoms
● Speech and expression
● Peaceful assembly
● Association
● Movement
● Residence
● Profession and occupation
Exception- Sovereignty, integrity, foreign relations, public
order, decency, morality are reasonable restraints.
2. Article 20: Protection Againt Arbitrary
conviction
● No retrospective recovery
● No double jeopardy
● No penalty greater than which was inflicted in time
of commission of offence.
● No person can be forced to witness against himself.
3. Article 21: Protection of life and personal
liberty
Includes right to privacy
Provided to citizens and aliens. It is the widest right.
● Right to live with dignity
● Right to Privacy
● Right to Pollution free Environment
● Against Sexual Harrasment
● Speedy trial
● Legal aid
● Right to travel abroad
● Shelter
● Know
4. Article 21A: Free and compulsory education for
children aged 6–14 (added by 86th Amendment)
Right To Information is the right to get necessary and
needed information about government departmnets and
agencies.
Right to Privacy (decided under a bench of 9 SC Judges)
It is subject to reasonable restrictions and content is not
defined.
5. Article 22: Rights against arbitrary arrest and
detention (legal safeguards and speedy trial)
● Person arrested should be informed of the grounds
of arrest
● Has the right to consult his legal practitioner of
choice.
● Should be produced before the nearest magistrate
within 24 hours excluding the time taken for
journey.
However, the above safeguard do not apply if-
● Any person for the time being is an enemy alien
● Any person who is arrested for preventative
detention
C. Right against Exploitation (Articles 23–24)
1. Article 23: Prohibition of trafficking and forced
labour
● Begaar or forms of forced labour or working without
remuneration.
● For protecting women against immoral trafficking
(Suppression of Immoral Traffic in Women and Girls Act-
SITA)
2. Article 24: Prohibition of child labour in
hazardous environments
● No child should be employed in factory or mine
or other hazardous employment.
D. Right to Freedom of Religion (Articles 25–28)
1. Article 25: Freedom of conscience and free
profession, practice and propagation of religion
● Forcible conversions are prohibited and the state
does not have a religion
2. Article 26: Freedom of management of own affairs
● Establish and manage institutions
● Manage own affairs
● Own and acquire movable and immovable property
● Administer property in accordance to law.
3. Article 27: Freedom from paying taxes for the
promotion of any Religion.
4. Article 28: Freedom as to attendance in religious
function
● Prohibits religious intrustctiion in an educational
institute running on state funds.
● Does not apply to institutes under trust.
E. Cultural and Educational Rights (Articles 29–30)
1. Article 29: Right to maintain Language, Script and
Culture
● Conserve language, script, and culture.
● Absolute right.
2. Article 30: establish and adminster educational
institutions.
● Right to admit students, have governing bodies and adopt
system of instruction.
F. Right to Constitutional Remedies (Articles 32)
● Article 32: Right to approach the Supreme Court via
writs (Habeas Corpus, Mandamus, Prohibition, Certiorari,
Quo Warranto)—considered the “heart and soul” of the
Constitution.
● Article 226: High Courts' power to issue similar writs.
4. Why Fundamental Rights Matter
(Significance)
● Fundamental rights protect citizens from arbitrary state
action and preserve individual dignity.
● They are justiciable, i.e., enforceable in court (via writs).
● Known as the “Magna Carta of India” for their role in
ensuring justice and equality.
5. Implementation & Interpretation Notes
● Part III supremacy: Article 13 invalidates any law
infringing Fundamental Rights.
● Right to Property: Removed in 1978; now covered
under Article 300-A (a legal, not fundamental, right).
● Basic Structure Doctrine: Parliament can amend Part
III, but cannot alter the Constitution’s core principles.
Established in Kesavananda Bharati v. State of Kerala
(1973).
● Right to Education: Enshrined under Article 21A via the
86th Amendment (2002).
Nature of Part III
1. Comprehensive
2. No natural and unmentioned rights
3. Special protection for minorites
4. Both Negative and Positive Rights
5. Not Absolute
6. Binding upon Unoin, State
7. Parliament can amend
8. Suspension during Emergency
9. Available to citizens even when they live abroad
10. Fundamental Rights are superior over DPSPs.