Fundamental Rights (Part III, Articles 12–35)
General Overview
Enshrined in Part III of the Constitution (Articles 12 to 35).
Protect individual liberty and ensure equality.
Enforceable by courts — Supreme Court (Article 32) and High Courts (Article 226).
Apply to citizens; some also apply to non-citizens.
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1. Right to Equality (Articles 14–18)
Article 14 – Equality Before Law
Equal protection of the law for all.
No arbitrary discrimination.
Available to citizens and foreigners.
Article 15 – No Discrimination by State
Based on religion, race, caste, sex, or place of birth.
Permits special provisions for women, children, SCs, STs, and backward classes.
Article 16 – Equality in Public Employment
Equal job opportunity in government.
Reservation allowed for backward classes, SCs, STs.
Article 17 – Abolition of Untouchability
Untouchability is illegal and punishable.
Covers both state and private actions.
Article 18 – Abolition of Titles
No titles except academic and military (e.g., Dr., Major).
Bans Indians from accepting foreign titles.
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2. Right to Freedom (Articles 19–22)
Article 19 – Six Fundamental Freedoms (for citizens only)
1. Freedom of speech and expression
2. Freedom to assemble peacefully
3. Freedom to form associations or unions
4. Freedom to move freely across India
5. Freedom to reside anywhere in India
6. Freedom to practice any profession
Subject to reasonable restrictions (security, public order, morality).
Article 20 – Protection in Criminal Cases
No ex-post facto law: Can’t punish for past acts.
No double jeopardy: Can’t be punished twice for same offence.
No self-incrimination: Can’t be forced to testify against oneself.
Article 21 – Right to Life and Personal Liberty
Life/liberty can’t be taken except by due legal process.
Expanded by courts: includes privacy, dignity, clean environment, legal aid.
Article 21A – Right to Education
Free and compulsory education for 6–14-year-old children.
Added by 86th Amendment (2002).
Article 22 – Protection Against Arrest & Detention
Rights on arrest: Informed of grounds, consult lawyer, presented before magistrate within 24 hrs.
Preventive Detention: Up to 3 months without trial, review by advisory board.
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3. Right Against Exploitation (Articles 23–24)
Article 23 – Ban on Human Trafficking & Forced Labour
Prohibits trafficking, begar (forced labour).
Punishable by law.
Article 24 – Ban on Child Labour
No child below 14 years to work in hazardous jobs (e.g., factories, mines).
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4. Right to Freedom of Religion (Articles 25–28)
Article 25 – Freedom of Religion
Right to practice, profess, propagate any religion.
Subject to public order, morality, and health.
Article 26 – Religious Denominations’ Rights
Manage religious affairs, institutions, and property independently.
Article 27 – No Religious Taxes
No compulsion to pay taxes for promotion/maintenance of religion.
Article 28 – Religious Instruction in Educational Institutions
Allowed in private religious institutions.
Restricted in government-funded institutions.
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5. Cultural and Educational Rights (Articles 29–30)
Article 29 – Protection of Culture and Language
Right to conserve distinct language, script, or culture.
Can’t be denied education on grounds of religion, race, caste, etc.
Article 30 – Minority Education Rights
Religious and linguistic minorities can establish and administer educational institutions.
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6. Right to Constitutional Remedies (Article 32)
Article 32 – Enforcement of Fundamental Rights
Right to move Supreme Court directly.
Court can issue writs:
Habeas Corpus – produce the person
Mandamus – perform duty
Prohibition – stop a lower court
Certiorari – quash illegal order
Quo Warranto – challenge illegal holding of office
Called the “Heart and Soul” of the Constitution (by B.R. Ambedkar).
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