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Fundamental Rights:
- Covered in Part III of the Constitution (Articles 12–32).
- Called the cornerstone of the Constitution. Along with Part IV (Directive Principles of State Policy), it forms the conscience of the Constitution.
- Often described as the Magna Carta of India.
- Enforceable against arbitrary State action, and in some cases (Arts. 15(2), 17, 23, 24) even against private individuals.
- Not absolute – Parliament can impose reasonable restrictions for:
- Advancement of SCs, STs, OBCs, women, and children
- Public order, decency, morality
- Security of the State, sovereignty & integrity of India
- Friendly relations with foreign countries
- Judicial review: Article 13 allows courts to review all laws for consistency with Fundamental Rights.
- Absolute rights: Article 17 (abolition of untouchability) & Article 24 (child labor restrictions).
Rights Outside Part III:
- Art. 300A – Right to acquire property
- Art. 301 – Freedom of trade and commerce
- Art. 326 – Right to vote
Definition of “State” (Art. 12):
- Central and State governments and legislatures
- Local bodies: municipalities, panchayats, district boards, improvement trusts, etc.
Classification of Fundamental Rights:
Originally seven rights:
- Right to Equality (Arts. 14–18)
- Right to Freedom (Arts. 19–22)
- Right against Exploitation (Arts. 23–24)
- Right to Freedom of Religion (Arts. 25–28)
- Cultural and Educational Rights (Arts. 29–30)
- Right to Property (Art. 31) – Removed by 44th Amendment (1978), now under Art. 300A as a legal right
- Right to Constitutional Remedies (Art. 32)
➡ After the amendment, there are only six Fundamental Rights.
Right to Equality (Articles 14–18):
Article 14 – Equality before law and equal protection of laws:
- Applies to all persons, including companies and statutory corporations.
- Equality before law = British concept
- Equal protection of laws = US Constitution concept
- Exceptions: President, Governors, Judges, Public Servants, Foreign Diplomats have certain immunities.
Article 15 – Prohibition of discrimination:
- State shall not discriminate based on religion, race, caste, sex, place of birth.
- Special provisions for women and children allowed under Art. 15(3) & (4)
Article 16 – Equality of Opportunity
Guarantees equal opportunity in public employment for all citizens.
Article 17 – Abolition of Untouchability
Declares untouchability illegal and punishable by law.
Article 18 – Abolition of Titles
Right to Freedom (Articles 19–22):
Article 19 – Six Fundamental Freedoms
- Freedom of speech and expression
- Freedom of assembly
- Freedom to form associations
- Freedom of movement
- Freedom of residence
- Freedom of profession
Freedom of press is included under freedom of speech.
Article 20 – Protection in Criminal Cases
Protects against arbitrary punishment.
Article 21 – Right to Life and Personal Liberty
One of the most important rights ensuring dignity and personal freedom.
Article 21A – Right to Education
Provides free and compulsory education for children aged 6–14 years.
Article 22 – Protection Against Arrest
Provides safeguards against unlawful arrest and detention.
Right Against Exploitation (Articles 23–24):
Article 23 – Prohibition of Human Trafficking
Bans trafficking and forced labor.
Article 24 – Prohibition of Child Labour
Prohibits employment of children in hazardous jobs.
Right to Freedom of Religion (Articles 25–28):
- Article 25 – Freedom of religion
- Article 26 – Manage religious affairs
- Article 27 – No tax for promoting religion
- Article 28 – No forced religious instruction
Cultural and Educational Rights (Articles 29–30):
- Article 29 – Protects language and culture of minorities
- Article 30 – Minorities can establish educational institutions
Right to Constitutional Remedies (Article 32):
Dr. B.R. Ambedkar called this the “Heart and Soul of the Constitution.”
Citizens can directly approach the Supreme Court for enforcement of Fundamental Rights.
Writs Under Article 32:
1. Habeas Corpus:
Means “produce the body/to have a body of” – protects against illegal detention.
2. Mandamus:
Issued to public authorities to perform duties."we order or we command"
3. Prohibition:
Stops lower courts from exceeding jurisdiction (before judgment)."to forbid "
4. Certiorari:
Quashes illegal orders (after judgment)."to be informed"
5. Quo Warranto:
Questions legality of a public office."what is your authority"
Are Fundamental Rights Absolute?
No, Fundamental Rights are subject to reasonable restrictions such as:
- Public order
- Morality
- Security of the State
- Sovereignty and integrity of India
Important Points :
- Articles 15, 16, 19 → Only for citizens
- Articles 17 & 24 → Absolute rights
- Article 32 → Direct access to Supreme Court
- Right to Property → Now a legal right (Article 300A)
Fundamental Rights are essential for maintaining democracy, equality, and individual dignity in India. They not only protect citizens but also ensure that the government functions within constitutional limits.
Amendability of Fundamental Rights?
Amendability means the power of Parliament to change, modify, or repeal provisions of the Constitution, including Fundamental Rights.
This power is given under Article 368 of the Indian Constitution.
Article 368 – Power of Parliament:
Article 368 provides Parliament the authority to:
- Amend any part of the Constitution
- Add new provisions
- Modify existing provisions
This includes Fundamental Rights (Part III).
The Constitutional Conflict:
This led to several landmark Supreme Court cases.
Important Supreme Court Judgments:
Shankari Prasad Case (1951):
- Supreme Court held that:
- Parliament can amend Fundamental Rights under Article 368
- Constitutional amendment is not a “law” under Article 13
Result: Amendments affecting FRs are valid
Golaknath Case (1967):
- Supreme Court reversed earlier judgment:
- Parliament cannot amend Fundamental Rights
- FRs are sacrosanct and permanent
Result: Parliament lost power to amend FRs
Kesavananda Bharati Case (1973):
- Supreme Court gave historic judgment:
- Parliament can amend Fundamental Rights
- BUT cannot alter the Basic Structure of the Constitution
This introduced the Basic Structure Doctrine
What is Basic Structure Doctrine?
It means Parliament cannot destroy the essential features of the Constitution.
Examples of Basic Structure:
- Supremacy of Constitution
- Rule of Law
- Judicial Review
- Separation of Powers
- Fundamental Rights
- Democracy
Minerva Mills Case (1980):
- Supreme Court clarified:
- Balance between Fundamental Rights and Directive Principles is part of Basic Structure
- Limited amending power itself is a Basic Structure
Current Position (Final Conclusion):
This is the final and accepted legal position today.
Quick Summary :
| Case | Year | Judgment |
|---|---|---|
| Shankari Prasad | 1951 | FRs can be amended |
| Golaknath | 1967 | FRs cannot be amended |
| Kesavananda Bharati | 1973 | FRs can be amended but not Basic Structure |
| Minerva Mills | 1980 | Limited power of amendment |
Important Points for Exams:
- Article 368 → Amendment power
- Article 13 → Laws violating FRs are void
- Basic Structure Doctrine → 1973
- Most important case → Kesavananda Bharati
- Parliament’s power is limited, not absolute
Fundamental Rights Available to Aliens:
The following Fundamental Rights are available to all persons, including aliens:
Article 14 – Right to Equality
- Provides equality before law and equal protection of laws
- Applies to citizens as well as foreigners
Article 20 – Protection in Respect of Conviction
- Protects against:
- Ex-post facto laws
- Double jeopardy
- Self-incrimination
Article 21 – Right to Life and Personal Liberty
- Guarantees right to live with dignity
- One of the most important rights available to everyone
Article 21A – Right to Education
- Free and compulsory education for children (6–14 years)
- Applies to all persons (with practical limitations in implementation)
Article 22 – Protection Against Arrest and Detention
- Provides safeguards against illegal arrest
- However, some protections are limited in case of enemy aliens
Article 23 – Prohibition of Human Trafficking
- Applies to both citizens and non-citizens
Article 24 – Prohibition of Child Labour
- Prohibits employment of children in hazardous jobs
Articles 25–28 – Freedom of Religion
- Aliens have the right to:
- Practice religion
- Manage religious affairs
- Freedom from forced religious instruction
Fundamental Rights NOT Available to Aliens:
The following rights are only for Indian citizens:
- Article 15 → No discrimination
- Article 16 → Equality in public employment
- Article 19 → Six freedoms (speech, movement, etc.)
- Article 29 → Cultural rights (only partly for citizens)
- Article 30 → Minority educational rights (citizen-based groups)
Important Exception:
- Enemy aliens (citizens of a country at war with India)Do not enjoy protections under Article 22
Disclaimer:
This content is prepared for educational and informational purposes only. The notes are simplified for better understanding and exam preparation (UPSC and State Exams). Readers are advised to refer to standard textbooks and official sources for detailed study
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