PrepYodhaClass Notes · Polity
Polity · Chapter 02

Fundamental Rights

Fundamental Rights are the basic human freedoms guaranteed to every citizen, contained in Part III of the Constitution. These notes move from their overview and source, through the six rights and their key articles, to the writs under Article 32 and the special provisions of Articles 33-35.

⚖️ 12 topics🎯 110+ points📝 self-test
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Topic 01

Overview (Articles 12-35)

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Fundamental Rights form Part III of the Constitution and act as limits on the arbitrary power of the State.

Key Point
Fundamental Rights are contained in Part III of the Constitution (Articles 12 to 35).
Key facts about Fundamental Rights
  • Part III of the Constitution is described as the Magna Carta of India.
  • Fundamental Rights are inspired from / borrowed from the Constitution of the USA.
  • Part III was borrowed from the USA and France.
  • Some Fundamental Rights are available to foreigners as well.
  • Some Fundamental Rights are available only to citizens and not to foreigners — Articles 15, 16, 19, 29, 30.
  • Fundamental Rights are not absolute.
  • They are justiciable (enforceable through courts).
  • They are not permanent.
  • They can be suspended during a National Emergency — except Article 20 and Article 21.
  • Fundamental Rights protect individuals from arbitrary actions of the State.
📝 Quick self-test 2 MCQs · 2 fill-ups

Fundamental Rights are contained in which part and Articles of the Constitution?

  1. Part IV, Articles 36-51
  2. Part III, Articles 12-35
  3. Part II, Articles 5-11
  4. Part III, Articles 14-32
B. Part III, Articles 12-35 — Fundamental Rights are contained in Part III of the Constitution, Articles 12 to 35.

During a National Emergency, which Articles CANNOT be suspended?

  1. Article 14 and Article 19
  2. Article 20 and Article 21
  3. Article 32 and Article 226
  4. Article 15 and Article 16
B. Article 20 and Article 21 — Fundamental Rights can be suspended during a National Emergency except Article 20 and Article 21.

Part III of the Constitution is described as the of India.

✔ Magna Carta

Fundamental Rights are justiciable, meaning they are enforceable through .

✔ courts
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Topic 02

The Six Fundamental Rights (earlier seven)

Originally there were seven Fundamental Rights; the Right to Property has been repealed, leaving six.

Key Point
The Right to Property (Article 31) has been removed from the list of Fundamental Rights and is now repealed (made an ordinary legal right under Article 300A by the 44th Amendment, 1978).
The Fundamental Rights at a glance
Fundamental RightArticles
Right to EqualityArticles 14-18
Right to FreedomArticles 19-22
Right against ExploitationArticles 23-24
Right to Freedom of ReligionArticles 25-28
Cultural and Educational RightsArticles 29-30
Right to Property (now repealed)Article 31
Right to Constitutional RemediesArticle 32
📝 Quick self-test 2 MCQs · 2 fill-ups

Originally how many Fundamental Rights were there in the Constitution?

  1. Six
  2. Seven
  3. Five
  4. Eight
B. Seven — Originally there were seven Fundamental Rights; after removal of the Right to Property, six remain.

The Right to Property was removed from Fundamental Rights by which amendment?

  1. 42nd Amendment, 1976
  2. 44th Amendment, 1978
  3. 86th Amendment, 2002
  4. 97th Amendment, 2011
B. 44th Amendment, 1978 — The Right to Property (Article 31) was made an ordinary legal right under Article 300A by the 44th Amendment, 1978.

The Right to Property is now an ordinary legal right under Article .

✔ 300A

The Right to Constitutional Remedies is guaranteed under Article .

✔ 32
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Topic 03

Article 12 — Definition of State

For the purposes of Part III, Article 12 defines what counts as the "State".

Key Point
Government and Parliament of India.
"State" includes
  • Government and Legislature of each State.
  • All local authorities.
  • All other authorities, such as LIC, ONGC, etc.
📝 Quick self-test 2 MCQs · 2 fill-ups

Which Article defines the term 'State' for the purposes of Part III?

  1. Article 12
  2. Article 13
  3. Article 14
  4. Article 36
A. Article 12 — Article 12 defines what counts as the 'State' for Part III.

Which of these bodies is cited as an example of 'other authorities' under Article 12?

  1. The Supreme Court
  2. LIC and ONGC
  3. The Election Commission
  4. The CAG
B. LIC and ONGC — 'Other authorities' under Article 12 include bodies such as LIC and ONGC.

Under Article 12, 'State' includes the Government and of India.

✔ Parliament

Article 12 defines the term for the purposes of Part III.

✔ State
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Topic 04

Article 13 — Laws Inconsistent with Fundamental Rights

Article 13 is the basis of judicial review, voiding any law that clashes with Fundamental Rights.

Key Point
All laws that are inconsistent with or in derogation of any Fundamental Right shall be void.
  • It provides for judicial review.
  • The power of judicial review has been conferred upon the Supreme Court under Article 32 and on the High Courts under Article 226.
  • Nothing in this Article applies to any amendment of the Constitution made under Article 368.
📝 Quick self-test 2 MCQs · 2 fill-ups

Which Article provides the basis for judicial review by declaring inconsistent laws void?

  1. Article 12
  2. Article 13
  3. Article 32
  4. Article 368
B. Article 13 — Article 13 declares laws inconsistent with Fundamental Rights void and provides for judicial review.

The power of judicial review is conferred on the High Courts under which Article?

  1. Article 32
  2. Article 226
  3. Article 13
  4. Article 368
B. Article 226 — Judicial review is conferred on the Supreme Court under Article 32 and on the High Courts under Article 226.

Article 13 provides for the power of review.

✔ judicial

Nothing in Article 13 applies to any amendment of the Constitution made under Article .

✔ 368
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Topic 05

Right to Equality (Articles 14-18)

The Right to Equality, spanning Articles 14-18, guarantees equal treatment before the law and bars discrimination, untouchability and titles.

Key Point
The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.
Article 14 — Equality before Law
  • This Article is available to both Indians and foreigners.
  • "Equality before law" is the British concept; "equal protection of law" is the American concept.
Rule of Law
  • The concept of "Rule of Law" was propounded by A.V. Dicey.
  • It has three elements:
  • Absence of arbitrary power — no person or authority can use power arbitrarily; all actions must follow the law.
  • Equality before the law — the law is the same for everyone, high or low.
  • Primacy of the rights of the individual — the individual's rights are supreme and must be protected by law.
Article 15 — Prohibition of Discrimination
  • The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
  • No citizen shall, on those grounds only, be subject to any disability.
  • Nothing in this Article prevents the State from making special provision for women and children.
  • Nothing prevents the State from making special provision for the advancement of any socially and educationally backward classes, or for the Scheduled Castes and Scheduled Tribes.
Article 16 — Equality of Opportunity in Public Employment
  • There shall be equality of opportunity for all citizens in matters of employment or appointment to any office under the State.
  • No citizen shall be discriminated against on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them.
  • Exceptions to Article 16:
  • Parliament can prescribe residence as a condition for certain employment.
  • The State may make provision for the reservation of appointments.
  • A law may require the incumbent of an office of a religious or denominational institution to be of that religion/denomination.
  • Mandal Commission: In 1979 the Government appointed the Second Backward Classes Commission under the chairmanship of B.P. Mandal, to investigate the socially and educationally backward classes and suggest measures for their advancement; it recommended reservation for OBCs.
Article 17 — Abolition of Untouchability
  • "Untouchability" is abolished and its practice in any form is forbidden.
  • The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law.
Article 18 — Abolition of Titles
  • No title shall be conferred by the State.
  • No citizen of India shall accept any title from a foreign State.
  • No non-citizen shall accept a title from a foreign State without consent.
  • No person holding any office of profit shall accept a title.
  • Exceptions to Article 18: military titles, educational titles, and National Awards — Bharat Ratna, Padma Vibhushan, Padma Bhushan and Padma Shri.
📝 Quick self-test 2 MCQs · 2 fill-ups

The Right to Equality is covered under which Articles?

  1. Articles 19-22
  2. Articles 14-18
  3. Articles 23-24
  4. Articles 25-28
B. Articles 14-18 — The Right to Equality spans Articles 14-18.

Who propounded the concept of 'Rule of Law'?

  1. B. R. Ambedkar
  2. A. V. Dicey
  3. B. P. Mandal
  4. Granville Austin
B. A. V. Dicey — The concept of 'Rule of Law' was propounded by A. V. Dicey.

Article abolishes untouchability and forbids its practice in any form.

✔ 17

The Mandal Commission was chaired by and recommended reservation for OBCs.

✔ B.P. Mandal
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Topic 06

Right to Freedom (Articles 19-22)

The Right to Freedom, under Articles 19-22, secures the core liberties of speech, movement, life and protection on arrest.

Key Point
(a) Freedom of speech and expression.

Article 19 — Freedom of Speech, etc. (six rights) Article 19 guarantees to all citizens six rights:

  • (b) Right to assemble peaceably and without arms.
  • (c) Right to form associations, unions or co-operative societies.
  • (d) Right to move freely throughout the territory of India.
  • (e) Right to reside and settle in any part of India.
  • (f) Right to practise any profession, or carry on any occupation, trade or business.
Article 21 — Protection of Life and Personal Liberty
  • No person shall be deprived of his life or personal liberty except according to procedure established by law.
Article 21A — Right to Education
  • The State shall provide free and compulsory education to all children aged 6 to 14 years, in such manner as the State may by law determine.
Article 22 — Protection Against Arrest and Detention
  • It grants protection to persons who are arrested or detained.
  • Detention is of two types: punitive detention and preventive detention.
📝 Quick self-test 2 MCQs · 2 fill-ups

How many rights does Article 19 guarantee to all citizens?

  1. Four
  2. Five
  3. Six
  4. Seven
C. Six — Article 19 guarantees six rights to all citizens.

Article 21A provides free and compulsory education to children of which age group?

  1. 6 to 14 years
  2. 5 to 14 years
  3. 6 to 16 years
  4. 3 to 6 years
A. 6 to 14 years — Article 21A provides free and compulsory education to all children aged 6 to 14 years.

Article 21 protects life and personal liberty except according to procedure established by .

✔ law

Article 22 recognises two types of detention: punitive detention and detention.

✔ preventive
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Topic 07

Right against Exploitation (Articles 23-24)

The Right against Exploitation, under Articles 23-24, bans human trafficking, forced labour and child labour.

Key Point
It prohibits traffic in human beings, begar, forced labour, etc.
Article 23 — Prohibition of Traffic in Human Beings and Forced Labour
  • This right is available to both citizens and foreigners.
  • It protects the individual not only against the State but also against private persons.
  • It includes:
  • Human trafficking — buying and selling of men, women and children like goods.
  • Begar — compulsory work without remuneration.
  • Forced labour — compelling a person to work against his/her will.
  • Exception: the State may impose compulsory service for public purposes, e.g. military or social service — but in doing so it cannot discriminate on grounds only of religion, race, caste or class.
Article 24 — Prohibition of Employment of Children
  • It prohibits the employment of children below 14 years of age in any factory, mine, construction work, railway, etc. However, employment in any harmless work is not prohibited.
📝 Quick self-test 2 MCQs · 2 fill-ups

The Right against Exploitation is covered under which Articles?

  1. Articles 19-22
  2. Articles 23-24
  3. Articles 25-28
  4. Articles 14-18
B. Articles 23-24 — The Right against Exploitation is covered under Articles 23-24.

Article 24 prohibits the employment of children below what age in factories and mines?

  1. 12 years
  2. 14 years
  3. 16 years
  4. 18 years
B. 14 years — Article 24 prohibits employment of children below 14 years in factories, mines, etc.

Under Article 23, compulsory work without remuneration is known as .

✔ Begar

Article 23 is available to both citizens and .

✔ foreigners
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Topic 08

Right to Freedom of Religion (Articles 25-28)

The Right to Freedom of Religion, under Articles 25-28, secures conscience, religious practice and freedom from religious taxation and instruction.

Key Point
It guarantees four rights: freedom of conscience, right to profess, right to practise, and right to propagate religion.
Article 25 — Freedom of Conscience and Free Profession, Practice and Propagation
  • These rights are available to all — Indians and foreigners.
  • They are subject to public order, morality, health and other provisions of the Fundamental Rights.

Article 26 — Freedom to Manage Religious Affairs Every religious denomination or any of its sections shall have the right to:

  • (a) Establish and maintain institutions for religious and charitable purposes.
  • (b) Manage its own affairs in matters of religion.
  • (c) Own and acquire movable and immovable property.
  • (d) Administer such property in accordance with law.
Article 27 — Freedom from Taxation for Promotion of a Religion
  • No person shall be compelled to pay any taxes for the promotion or maintenance of any particular religion or religious denomination.

Article 28 — Freedom from Attending Religious Instruction Article 28 distinguishes between four types of educational institutions:

  • (a) Institutions wholly maintained by the State.
  • (b) Institutions administered by the State but established under any endowment or trust.
  • (c) Institutions recognized by the State.
  • (d) Institutions receiving aid from the State.
📝 Quick self-test 2 MCQs · 2 fill-ups

The Right to Freedom of Religion is covered under which Articles?

  1. Articles 25-28
  2. Articles 29-30
  3. Articles 23-24
  4. Articles 19-22
A. Articles 25-28 — The Right to Freedom of Religion is covered under Articles 25-28.

Which Article prohibits compelling a person to pay taxes for the promotion of any particular religion?

  1. Article 25
  2. Article 26
  3. Article 27
  4. Article 28
C. Article 27 — Article 27 provides freedom from taxation for the promotion or maintenance of any particular religion.

Article 25 guarantees the rights to freedom of conscience, and to profess, practise and religion.

✔ propagate

Article gives every religious denomination the right to manage its own affairs in matters of religion.

✔ 26
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Topic 09

Cultural and Educational Rights (Articles 29-30)

These rights, under Articles 29-30, protect the language, script and culture of minorities and their right to run educational institutions.

Key Point
Any section of citizens with a distinct language, script or culture has the right to conserve it.
Article 29 — Protection of Interests of Minorities
  • No citizen shall be denied admission into any educational institution maintained by the State.
Article 30 — Right of Minorities to Establish Educational Institutions
  • It grants rights to minorities, whether religious or linguistic.
  • All minorities shall have the right to establish and administer educational institutions of their choice.
📝 Quick self-test 2 MCQs · 2 fill-ups

Cultural and Educational Rights are covered under which Articles?

  1. Articles 25-28
  2. Articles 29-30
  3. Articles 23-24
  4. Articles 14-18
B. Articles 29-30 — Cultural and Educational Rights are covered under Articles 29-30.

Which Article grants minorities the right to establish and administer educational institutions of their choice?

  1. Article 29
  2. Article 30
  3. Article 28
  4. Article 21A
B. Article 30 — Article 30 grants religious or linguistic minorities the right to establish and administer educational institutions of their choice.

Article 29 protects the distinct language, script or of any section of citizens.

✔ culture

Article 30 grants rights to minorities, whether religious or .

✔ linguistic
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Topic 10

Right to Constitutional Remedies (Article 32)

Article 32 is the right that makes all other rights enforceable — which is why it is called the heart and soul of the Constitution.

Key Point
Article 32 is a basic feature of the Constitution.
  • Dr. B.R. Ambedkar described Article 32 as the heart and soul of the Constitution.
  • Article 32 includes five writs.
The Five Writs
WritMeaning
Habeas Corpus*"To have the body of"*
Mandamus*"We command"*
Prohibition*"To forbid"*
Certiorari*"To be certified"*
Quo Warranto*"By what authority or warrant"*
📝 Quick self-test 2 MCQs · 2 fill-ups

Who described Article 32 as the 'heart and soul of the Constitution'?

  1. A. V. Dicey
  2. Dr. B. R. Ambedkar
  3. Granville Austin
  4. N. A. Palkhivala
B. Dr. B. R. Ambedkar — Dr. B. R. Ambedkar described Article 32 as the heart and soul of the Constitution.

Which writ literally means 'By what authority or warrant'?

  1. Habeas Corpus
  2. Mandamus
  3. Certiorari
  4. Quo Warranto
D. Quo Warranto — Quo Warranto means 'By what authority or warrant'.

Article 32 includes writs.

✔ five

The writ of Habeas Corpus literally means 'to have the of'.

✔ body
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Topic 11

Articles 33-35 — Special Provisions

Articles 33-35 give Parliament special powers over how Fundamental Rights apply.

Key Point
Article 33: empowers Parliament to restrict or abrogate the Fundamental Rights of members of the armed forces, paramilitary forces, police forces, intelligence agencies, etc.
  • Article 34: provides for restrictions on Fundamental Rights while martial law is in force in any area of India.
  • Article 35: the power to make laws to give effect to certain specified rights vests only in Parliament and not in the State Legislatures.
📝 Quick self-test 2 MCQs · 2 fill-ups

Which Article empowers Parliament to restrict the Fundamental Rights of members of the armed forces?

  1. Article 33
  2. Article 34
  3. Article 35
  4. Article 32
A. Article 33 — Article 33 empowers Parliament to restrict or abrogate the Fundamental Rights of the armed forces, police, etc.

Which Article deals with restrictions on Fundamental Rights while martial law is in force?

  1. Article 33
  2. Article 34
  3. Article 35
  4. Article 361
B. Article 34 — Article 34 provides for restrictions on Fundamental Rights while martial law is in force.

Under Article , the power to make laws to give effect to certain rights vests only in Parliament.

✔ 35

Article 34 deals with restrictions while law is in force.

✔ martial
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Topic 12

Exception — Article 361 (Protection of President and Governors)

Article 361 shields the President and Governors from court action for their official acts.

Key Point
The President or Governor shall not be answerable to any Court for the exercise and performance of the powers and duties of his office.
  • No criminal proceedings shall be instituted or continued against the President.
  • No process for the arrest or imprisonment of the President or the Governor of a State shall issue.
📝 Quick self-test 2 MCQs · 2 fill-ups

Which Article protects the President and Governors from being answerable to any court for official acts?

  1. Article 35
  2. Article 361
  3. Article 34
  4. Article 32
B. Article 361 — Article 361 shields the President and Governors from court action for their official acts.

Under Article 361, criminal proceedings cannot be instituted against which office holder?

  1. The Prime Minister
  2. The President
  3. The Chief Justice
  4. The CAG
B. The President — Under Article 361, no criminal proceedings shall be instituted or continued against the President.

Article 361 protects the President and from court action for their official acts.

✔ Governors

No process for the arrest or of the President or the Governor of a State shall issue.

✔ imprisonment
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Recap

Quick Revision

Key Point
Fundamental Rights = Part III, Articles 12-35; the Magna Carta of India, borrowed mainly from the USA (and France).
  • They are justiciable, not absolute, not permanent, and can be suspended in a National Emergency except Article 20 and Article 21.
  • Citizens-only rights: Articles 15, 16, 19, 29, 30.
  • Originally seven rights; the Right to Property (Article 31) was removed by the 44th Amendment, 1978, leaving six.
  • The six: Equality 14-18, Freedom 19-22, against Exploitation 23-24, Religion 25-28, Cultural/Educational 29-30, Constitutional Remedies 32.
  • Article 12 defines the State; Article 13 provides judicial review (SC under Article 32, HC under Article 226).
  • Article 14: equality before law (British) + equal protection of law (American), to Indians and foreigners; Rule of Law by A.V. Dicey.
  • Article 17 abolishes untouchability; Article 18 abolishes titles (except military, educational and National Awards).
  • Article 16: equality of opportunity in public employment; Mandal Commission (1979, B.P. Mandal) recommended OBC reservation.
  • Article 19 gives six freedoms; Article 21 protects life & liberty; Article 21A free education for ages 6-14; Article 22 protects on arrest (punitive & preventive detention).
  • Articles 23-24: ban on human trafficking, begar, forced labour, and child labour below 14.
  • Articles 25-28: freedom of religion — conscience, profess, practise, propagate.
  • Articles 29-30: cultural & educational rights of minorities.
  • Article 32 = heart and soul of the Constitution (Dr. B.R. Ambedkar); five writs — Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
  • Articles 33-35: Parliament's special powers (armed forces, martial law, law-making); Article 361 protects the President and Governors from court action.

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