Fundamental Rights are a set of essential rights guaranteed to all citizens of India by the Constitution. These rights are considered fundamental because they are considered basic human rights and are essential for the overall development and well-being of individuals. The Fundamental Rights are enshrined in Part III of the Indian Constitution (Articles 12 to 35).
Key Points of Fundamental Rights for UPSC
Fundamental Rights in the Indian Constitution
Right to Equality (Articles 14-18):
- Equality before law (Article 14).
- Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15).
- Equal opportunity in hiring for jobs (Article 16).
- Abolition of untouchability (Article 17).
- The title abolition, with the exception of academic and military. (Article 18).
Right to Freedom (Articles 19-22):
- Freedom of speech and expression (Article 19(1)(a)).
- Freedom to peacefully congregate without the use of weapons (Article 19(1)(b)).
- Freedom to form associations or unions (Article 19(1)(c)).
- Freedom to travel around India without restriction. (Article 19(1)(d)).
- Freedom to live and work anywhere in India. (Article 19(1)(e)).
- Freedom to practice any profession, occupation, or trade (Article 19(1)(g)).
- Restrictions on rights under Article 19 (Article 19(2)-(6)).
- Certain rights, such as freedom of expression, and speech are protected. (Article 19(1)(a) and (2)).
Right against Exploitation (Articles 23-24):
- Forced labor is forbidden, as is human trafficking (Article 23).
- The use of children in hazardous employment is prohibited. (Article 24).
Right to Freedom of Religion (Articles 25-28):
- Religious freedom includes the freedom to profess, practice, and spread one’s faith. (Article 25).
- Freedom to manage religious affairs (Article 26).
- Freedom from paying taxes to promote any religion. (Article 27).
- Freedom from having to attend religious lessons or participate in certain educational institutions (Article 28).
Cultural and Educational Rights (Articles 29-30):
- Protection of interests of minorities (Article 29).
- Minorities have the right to build and oversee educational institutions. (Article 30).
Right to Constitutional Remedies (Article 32):
- Redresses for enforcing the rights granted by this Part (Article 32).
- The opportunity to appeal to the Supreme Court for the protection of fundamental rights..
Important Points to Remember:
- There are legitimate constraints on fundamental rights, thus they are not unlimited.
- Some Fundamental Rights are available only to citizens (like Article 19), while others are available to both citizens and non-citizens (like Article 21).
- Article 32 is considered the ‘Heart and Soul’ of the Constitution as it provides the right to Constitutional Remedies.
- The Directive Principles of State Policy (Part IV) and Fundamental Duties (Part IVA) complement the Fundamental Rights.
# Fundamental Rights are Described In Articles 12 to 35
| Articles | Subjects |
|---|---|
| Article No 12 | The country is described |
| Article-No. 13 | » Provision has been taken to protect the fundamental rights of citizens from unwanted attacks by the legislature. » If any law is against fundamental rights, it will be repealed. |
| Article No 14 | » No state within the territory of India can deny a person the right to “equality in the eyes of the law” or to be equally protected by law. » This section tells two kinds of equality, (1) equality in terms of the law and (2) Equal protection of the law. » The first idea was adopted by India from Britain and the second one from the United States. |
| Article No 15 | » It has been said that the state cannot treat any citizen separately on the basis of race, religion, caste, place of birth, or gender. |
| Article No 16 | » In the case of government jobs, everyone will get equal opportunities. » Although if there are differences on the basis of race, religion, sex, caste, descent and place of birth, etc., for these reasons alone, no person will be considered ineligible to get a government job. |
| Article No 17 | » Any behavior involving untouchability will be considered a punishable offense. » No one can be deprived of his rights on the pretext of untouchability. |
| Article No 18 | » It has been said that a state other than an academic or military title cannot be awarded any other title. » Again, Indian citizens will not be able to accept any title from any foreign state. |
| Article No 19 | » There were seven types of rights mentioned earlier. » Currently, six types of rights are there. » In the 44th Amendment, the Constitution abolished the freedom to acquire, occupy and transfer property in 1978. » The 6 rights are: (a) freedom of speech, (b) the right to assemble peacefully and unarmed, (c) the right to form associations, (d) the right to freedom of movement, (e) the right to live or settle anywhere in India, (f) The right to pursue a scholarship anywhere. |
| Article No 20 | » (A) Punishment, according to the law prevailing at the time of the offense. » (B) A person cannot be punished more than once for the same offense. » (C) No person shall be compelled to testify against himself. |
| Article No 21 | » This article mentions the security of life and personal freedom. » A person established by law cannot be deprived of his life and personal liberty. |
| Article No 22 | » This article addresses a number of rights regarding arrest and detention. » No one can be arrested and detained without showing cause. |
| Article No 23 | » According to Article 23 (1) of the Constitution, no one can be hired without pay or under duress. » Provided that in accordance with Article 23 (2), the state shall forcibly evict any person in the national interest. » In this case, the President, regardless of religion or caste, will be able to compulsorily employ citizens for military purposes for the purpose of defending the state. |
| Article No 24 | » Article 24 of the Constitution prohibits child labor. » It has been said that children under the age of 14 cannot be employed in dangerous work in factories, mines or any other corner. |
| Article No 25 | » Wherever the right to freedom of religion applies, everyone has the right to freedom of conscience, freedom of religion, religion and religion or belief, in worship. |
| Article No 26 | » This article states: (1) To establish and protect institutions for the purpose of religion and charity (2) Arranging activities related to their respective religions (3) To acquire and own immovable and movable property (4) Shall enjoy the right to manage that property in accordance with the law. |
| Article No 27 | » This article states that no person shall be compelled to pay any tax for the promotion or preservation of any particular religion or denomination. |
| Article No 28 | » This article states that religious education cannot be given in any educational institution run entirely by government money and no one can be forced to participate in religious worship. |
| Article No 29 | » If the people of any part of India have their own language, script, and culture, then the people of that region will have the right to preserve this language script and culture. |
| Article No 30 | » Both religious and linguistic minorities will have the right to establish and run educational institutions of their choice. |
| Article No 31 | » This section was repealed in accordance with the 44th Amendment to the Constitution (in 1978). |
| Article No 32 | » The Supreme Court has issued Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Writ to enforce the fundamental rights. |
| Article No 33 | » Parliament will be able to regulate the fundamental rights of the Indian Armed Forces by law. |
| Article No 34 | » Fundamental rights may be violated in any part of the country while military law is in force. |
| Article No 35 | » The legislation is needed to protect fundamental rights. |
Important Points on Fundamental Rights
- The Fundamental rights are recognized and protected by the fundamental laws of the country, i.e. the Constitution. Fundamental rights are described in Part III of Articles 12-35 of the Constitution of India. India has adopted the idea of fundamental rights from America.
- Citizens can seek redress in the courts if their Fundamental rights are violated under normal circumstances. However, citizens cannot seek recourse to the courts during a state of emergency. However, the 44th Amendment to the Constitution (1978) states that under no circumstances can the right to life and personal liberty be suspended or violated under Article 21.
- The fundamental rights of the Indian Constitution are reserved by the judiciary. Under normal circumstances, the Supreme Court may preserve fundamental rights by writing/issuing directions or orders under Article 32 and the same by the High Court under Article 226.
- Although the British government practically implemented all the proposals of the Indian leaders regarding the fundamental rights of the people of India, the Sapru Committee was formed. In this committee, the proposals were adopted at a non-party conference in 1944-1945. This committee mentions the necessity of fundamental rights in many ways.
- In the Shankari Prasad v. Union of India Case (1951), the Supreme Court ruled that Parliament could amend any part of the Constitution, including fundamental rights. In 1967, the Golaknath vs. State of Punjab Case issued a guideline that the Parliament had no jurisdiction over the amendment of fundamental rights.
- The 24th Amendment to the Constitution (1971) empowered Parliament to amend fundamental rights, and the Constitution Amendment Bill compels the President to consent.
- The original constitution mentioned seven fundamental rights but at present, the number of fundamental rights is six.
- Previously, the right to property was defined under Article 31 as a fundamental right in the original constitution. The ‘right to property‘ was removed from the list of fundamental rights during the 44th amendment to the constitution (in 1978). At present, the right to property is recognized as a legal right under Article 300 (a).
- There is a difference between fundamental rights and general/common rights. For example, common rights are protected and enforced by the common law of the country. However, no change or amendment of fundamental rights can be made without amending the Constitution.
Conclusion of Fundamental Rights of COI
# Six Fundamental Rights of the Indian Constitution
- Right to Equality – (Articles 14-18.): Equal rights of every citizen irrespective of race, religion, caste, or gender.
- Right to Freedom – (Articles 19-22.): Freedom of speech and expression, formation of unions, freedom of residence in any part of the country, Freedom of association and practice of any profession.
- Right against Exploitation – (Articles 23-24).: Unpaid forced labor, human trafficking, and the use of children under the age of 14 in factories or mines are prohibited.
- Right to freedom of religion (Articles 25-28): A person can be converted voluntarily and no citizen can be forcibly converted. The individual has the right to practice the religion as he wishes.
- Cultural and Educational Rights – (Articles 29-30).: Citizens’ own culture and right to education are enshrined in the fundamental rights.
- Right to Constitutional Remedies – (Articles 32-35): If a citizen is deprived of the above rights or any one of these rights, he can apply to the Supreme Court for redressal.
Some features of fundamental rights:
- Fundamental rights are the basic or most essential rights in meeting the needs of the individual.
- Fundamental rights are enforced by the courts.
- These rights are recognized and protected by the constitution of the country.
- Fundamental rights are out of the control of the law department and government departments’ control.
Objective QnA from Fundamental Rights:
| Sl No. | Questions | Answers |
|---|---|---|
| 1 | Which part of the Indian Constitution deals with fundamental rights? | Part 3 |
| 2 | Article 24 of the Indian Constitution prohibits the employment of children in any factory if they are of age- | Under 14 |
| 3 | Which fundamental right has Dr. B. R. Ambedkar described as the Constitution’s heart and soul? | The right to constitutional remedy |
| 4 | How many fundamental rights are there in the Indian Constitution at present? | 6 |
| 5 | Protects the ‘right against exploitation’ enshrined in the Indian Constitution to- | Children |
| 6 | Which of the fundamental rights has been passed to protect untouchability? | Right to equality |
| 7 | Which article of the constitution mentions the ‘right to equality’? | Articles 14 to 18 |
| 8 | According to which article of the constitution a person cannot be punished more than once for the same crime? | Article 20 (2) |
| 9 | If a state of emergency is declared, which fundamental right cannot be revoked? | the Right to Life and Personal Liberty |
| 10 | In which year are the fundamental duties included in the Indian Constitution? | 1976 |
FAQs from Fundamental Rights:
Fundamental Rights GK + Notes: -A fundamental right is a legally enforceable right to control the relationship between the state and the individual. Some of the essential rights for the development of the personality of citizens have been recognized in almost all the countries of the world. The right to life, the right to freedom, etc. belong to this category of rights. These rights are called Fundamental Rights. A comprehensive general knowledge note for competitive govt job examinations such as IAS, UPSC, Railway, Banking, SSC, CGL, etc.
Download Fundamental Rights – GK Notes PDF
Read More