Fundamental Rights – Part III of the Indian Constitution

Fundamental Rights (Articles 12–35) are the basic rights guaranteed to all citizens of India. They are enforceable by courts and cannot be violated by the state. This is one of the most important topics for JPSC Prelims Paper I.

The Six Fundamental Rights

1. Right to Equality (Articles 14–18)

  • Article 14: Equality before law and equal protection of laws
  • Article 15: Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth
  • Article 16: Equality of opportunity in public employment
  • Article 17: Abolition of Untouchability
  • Article 18: Abolition of Titles (except military and academic)

2. Right to Freedom (Articles 19–22)

  • Article 19: Six freedoms – Speech & Expression, Assembly, Association, Movement, Residence, Profession
  • Article 20: Protection against arbitrary conviction
  • Article 21: Protection of life and personal liberty (Right to Life)
  • Article 21A: Right to Education (added by 86th Amendment, 2002)
  • Article 22: Protection against arrest and detention

3. Right against Exploitation (Articles 23–24)

  • Article 23: Prohibition of traffic in human beings and forced labour
  • Article 24: Prohibition of employment of children below 14 years in factories, mines

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

  • Article 25: Freedom of conscience and right to profess, practice, propagate religion
  • Article 26: Freedom to manage religious affairs
  • Article 27: Freedom from paying taxes for promotion of any religion
  • Article 28: Freedom from attending religious instruction in government schools

5. Cultural and Educational Rights (Articles 29–30)

  • Article 29: Protection of interests of minorities
  • Article 30: Right of minorities to establish and administer educational institutions

6. Right to Constitutional Remedies (Article 32)

  • Called the Heart and Soul of the Constitution by Dr. B.R. Ambedkar
  • Right to move Supreme Court for enforcement of Fundamental Rights
  • 5 Writs: Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari

Key Points for JPSC Exam

  • Right to Property was originally a Fundamental Right (Article 31) but was removed by the 44th Amendment (1978) – it is now a legal right under Article 300A
  • Fundamental Rights can be suspended during National Emergency (except Articles 20 and 21)
  • Article 32 (Right to Constitutional Remedies) cannot be suspended even during Emergency
  • Parliament can restrict Fundamental Rights by passing a law (e.g., AFSPA in tribal areas)
  • Fundamental Rights apply against the State, not private individuals (with some exceptions)