Fundamental Rights of Indian Constitution (Part III: Articles 12 – 35)

🔹 General Overview

Fundamental Rights are guaranteed by the Constitution to all citizens (some to non-citizens too).

Enshrined in Part III (Articles 12–35).
Inspired by US Bill of Rights.
Enforceable by courts (Supreme Court under Article 32, High Court under Article 226).
They act as a limit on the authority of the State.

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🟢 Article-Wise Notes

1. Right to Equality (Articles 14–18)

Art. 14 – Equality before law & equal protection of laws.

Art. 15 – Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth.

• ✅ Exceptions – Special provisions for women, children, SC/ST, OBC.

Art. 16 – Equality of opportunity in public employment.

• ✅ Exceptions – Reservation for backward classes, SC/ST, women.

Art. 17 – Abolition of untouchability (punishable offence).
Art. 18 – Abolition of titles (except academic/military).

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2. Right to Freedom (Articles 19–22)

• Art. 19 – 6 Freedoms for Citizens:

  1. Speech & expression

  2. Assembly (peaceful, unarmed)

  3. Association/union/cooperative societies

  4. Movement throughout India

  5. Residence anywhere in India

  6. Profession/occupation/business
     ❌ Restrictions: Reasonable restrictions in interest of sovereignty, security, morality, etc.

• Art. 20 – Protection in criminal cases:

  • No ex-post facto law,

  • No double jeopardy,

  • No self-incrimination.

Art. 21 – Protection of life & personal liberty.

• ✅ Includes right to privacy, education, environment, speedy trial, dignity.

Art. 21A – Right to free & compulsory education (6–14 years).
Art. 22 – Protection in case of arrest & detention.

• ✅ Preventive detention allowed (max 3 months, can extend to 12 months).

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3. Right against Exploitation (Articles 23–24)

Art. 23 – Prohibits human trafficking, forced labour, begar.

Art. 24 – Prohibits child labour (below 14 years in hazardous industries).

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

Art. 25 – Freedom of conscience, religion, practice & propagation.

Art. 26 – Freedom to manage religious affairs.
Art. 27 – No forced tax for promotion of any religion.
Art. 28 – No religious instruction in government-funded institutions.

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

Art. 29 – Protection of interests of minorities (language, script, culture).

Art. 30 – Right of minorities to establish & administer educational institutions.

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6. Right to Constitutional Remedies (Article 32)

Art. 32 – Right to move Supreme Court for enforcement of Fundamental Rights.

• ✅ Dr. B.R. Ambedkar called it the “Heart & Soul of the Constitution”.

Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.

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7. Martial Law & Fundamental Rights

Art. 33 – Parliament can modify FRs for armed forces.

Art. 34 – Restriction of FRs during martial law.
Art. 35 – Parliament has power to make laws for FRs (not states).

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📌 Important Points to Remember

Fundamental Rights can be suspended during Emergency (Art. 352) except Articles 20 & 21.

Article 32 is itself a Fundamental Right.
Right to Property was a Fundamental Right (Art. 31) → Now a Legal Right under Art. 300A (44th Amendment, 1978).
DPSPs (Part IV) are not justiciable, but FRs are.

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📝 Previous Year Questions (PYQs)

✅ UPSC

1. Q: Right to Property was removed from Fundamental Rights by which Amendment?

   • (a) 42nd Amendment

   • (b) 43rd Amendment

   • (c) 44th Amendment

   • (d) 45th Amendment
     Answer: (c) 44th Amendment

2. Q: Which Article is called the "Heart and Soul" of the Constitution?
   Answer: Article 32

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✅ SSC

1. Q: Untouchability is abolished under which Article?
   Answer: Article 17

2. Q: Which Article deals with Freedom of Speech and Expression?
   Answer: Article 19(1)(a)

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✅ RRB

1. Q: Right to Education was inserted by which Amendment?
   Answer: 86th Amendment, 2002 (Article 21A).

2. Q: Preventive detention is mentioned under which Article?
   Answer: Article 22

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✅ JKSSB

1. Q: Which Fundamental Right is available only to citizens and not to foreigners?
   Answer: Article 19 (six freedoms).

2. Q: Which writ is issued by courts to release a person unlawfully detained?
   Answer: Habeas Corpus

MCQs on Fundamental Rights

Q1. Which Article of the Indian Constitution is known as the "Heart and Soul" of the Constitution?
a) Article 14
b) Article 19
c) Article 32
d) Article 21

✅ Answer: c) Article 32
📝 Dr. B.R. Ambedkar called Article 32 the heart and soul because it gives citizens the right to constitutional remedies.

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Q2. Right to Education (RTE) under Article 21A provides free and compulsory education to children of which age group?
a) 0–6 years
b) 6–14 years
c) 10–18 years
d) 14–18 years

✅ Answer: b) 6–14 years
📝 Inserted by the 86th Constitutional Amendment, 2002.

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Q3. Untouchability has been abolished under which Article?
a) Article 15
b) Article 16
c) Article 17
d) Article 18

✅ Answer: c) Article 17
📝 Untouchability is abolished and its practice is punishable by law.

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Q4. Which Fundamental Right is available only to Indian citizens and not to foreigners?
a) Equality before law (Article 14)
b) Protection of life and liberty (Article 21)
c) Freedom of speech (Article 19)
d) Freedom of religion (Article 25)

✅ Answer: c) Freedom of speech (Article 19)
📝 Article 19 rights are exclusive to Indian citizens.

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Q5. Which Amendment removed Right to Property from Fundamental Rights?
a) 42nd Amendment, 1976
b) 43rd Amendment, 1977
c) 44th Amendment, 1978
d) 45th Amendment, 1980

✅ Answer: c) 44th Amendment, 1978
📝 Right to Property was shifted to Article 300A as a legal right.

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Q6. Preventive Detention is mentioned in which Article?
a) Article 20
b) Article 21
c) Article 22
d) Article 23

✅ Answer: c) Article 22
📝 Allows preventive detention up to 3 months (can be extended).

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Q7. Which Article guarantees equality before law?
a) Article 12
b) Article 14
c) Article 16
d) Article 18

✅ Answer: b) Article 14
📝 Ensures equality before law and equal protection of laws.

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Q8. Which of the following is NOT a writ issued by the Supreme Court?
a) Habeas Corpus
b) Mandamus
c) Quo Warranto
d) Ad Valorem

✅ Answer: d) Ad Valorem
📝 The five writs are Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.

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Q9. Child labour in hazardous industries is prohibited under which Article?
a) Article 21
b) Article 23
c) Article 24
d) Article 39

✅ Answer: c) Article 24
📝 No child below 14 years shall be employed in hazardous factories/mines.

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Q10. Freedom to manage religious affairs is guaranteed under which Article?
a) Article 25
b) Article 26
c) Article 27
d) Article 28

✅ Answer: b) Article 26
📝 Religious denominations can establish and manage their own affairs.