Fundamental Rights in India
Fundamental Rights, enshrined in Part III (Articles 12-35) of the Indian Constitution, form the
cornerstone of democracy in India. These rights are deemed "fundamental" as they ensure the all-
around development—material, intellectual, moral, and spiritual—of individuals and serve as the
bedrock for justice, liberty, and equality. The judiciary ensures their enforcement, with the Supreme
Court and High Courts empowered to issue writs under Articles 32 and 226.
Core points Details
Definition Fundamental Rights, enshrined in Part III (Articles 12-35) of the Indian
Constitution, guarantee essential freedoms for holistic development.
Origin Inspired by England’s Bill of Rights, the U.S. Bill of Rights, France’s Declaration of
the Rights of Man, and Irish Constitution.
Enforceability Enforced by the Supreme Court (Article 32) and High Courts (Article 226) through
writs like habeas corpus, mandamus, certiorari, etc.
Characteristics Universal, justiciable, subject to reasonable restrictions, and safeguard against
arbitrary state actions.
Classification Fundamental Rights are classified into six categories:
Articles Key Features
Category
Right to Equality 14-18 - Equality before law and equal protection of laws (Article 14).
- Prohibition of discrimination on grounds of religion, race,
caste, sex, or place of birth (Article 15).
- Equality of opportunity in public employment (Article 16).
- Abolition of untouchability (Article 17).
- Abolition of titles except military or academic distinctions
(Article 18).
Right to Freedom 19-22 - Includes six freedoms like speech, assembly, movement, and
residence (Article 19).
- Protection of life and personal liberty (Article 21), extended
to education (Article 21A) and privacy.
- Safeguards against self-incrimination, double jeopardy, and
ex post facto laws (Article 20).
- Rights of arrested persons and preventive detention
provisions (Article 22).
Right Against 23-24 - Prohibition of human trafficking, forced labor, and begar
Exploitation (Article 23).
- Prohibition of child labor in hazardous jobs (Article 24).
Right to Freedom of 25-28 - Freedom of conscience, practice, and propagation of religion
Religion (Article 25).
- Rights of religious denominations to manage their affairs
(Article 26).
- No compulsion for paying taxes for religious promotion
(Article 27).
- Prohibition of religious instruction in state-funded
institutions (Article 28).
Cultural and Educational 29-30 - Protection of minorities to preserve their culture and
Rights establish institutions (Article 29).
- Rights of minorities to administer their educational
institutions (Article 30).
Right to Constitutional 32-35 - Supreme Court empowered to enforce Fundamental Rights
Remedies through writs (Article 32).
- Rights can be selectively curtailed during emergencies.
Significance Details
Individual Rights Safeguards dignity, liberty, and personality development.
Social Equality Eliminates practices like untouchability, ensures fair opportunities in
public employment.
Cultural Protection Preserves minority rights to language, culture, and education.
Judicial Empowerment Ensures checks on state actions through judicial intervention.
Key Issues Details
Ambiguity Terms like "reasonable restrictions" and "public order" lack precise
definitions, leading to misuse.
Preventive Detention Permits detention without trial under Article 22, criticized for abuse.
Suspension During Article 19 rights remain suspended; other rights may also be curtailed
Emergency under Article 352.
Landmark Judgments Details
Kesavananda Bharati Parliament can amend Fundamental Rights but not alter the
(1973) Constitution’s basic structure.
Maneka Gandhi (1978) Expanded Article 21 to include “fair and just” procedures and rights like
privacy and dignity.
Amendments Details
44th Amendment Removed the Right to Property as a Fundamental Right; now a constitutional
(1978) right under Article 300A.
86th Amendment Introduced the Right to Education as a Fundamental Right under Article 21A.
(2002)
In conclusion, Fundamental Rights ensure justice, liberty, and equality, fostering harmonious societal
growth while empowering individuals against arbitrary actions. Their evolution through judicial
interpretation and amendments reflects their adaptability to contemporary challenges.
