Fundamental Rights
Part - 3
Articles: 12 to 35
Fundamental Rights are called the "Magna Carta" of the Indian Constitution.
Fundamental Rights are the most detailed part of the Constitution.
Articles 15, 16, 19, 29, and 30 are provided only to Indian citizens.
Articles 20 and 21 cannot be suspended under any circumstances.
During an emergency, some rights can be suspended.
Fundamental rights were originally included in the Constitution, but the 44th Constitutional
Amendment of 1978 removed the right to property from the list of fundamental rights.
At present, the right to property has been made a legal right under Article 300(A).
Fundamental Rights
Part – 3
Articles – 12 to 35
The origin of Fundamental Rights is taken from the American Constitution.
Seven fundamental rights were included in the Indian Constitution:
1. Right to Equality → (Articles 14–18)
2. Right to Freedom → (Articles 19–22)
3. Right against Exploitation → (Articles 23–24)
4. Right to Freedom of Religion → (Articles 25–28)
5. Cultural and Educational Rights → (Articles 29–30)
6. Right to Property → (Article 31)
7. Right to Constitutional Remedies → (Article 32)
❖ 44th Constitutional Amendment → In 1978, the Right to Property was removed from the list
of Fundamental Rights.
It was established as a legal right under Article 300(A).
1. Right to Equality (Articles 14–18)
Article 14
Equality before the law
Equal protection of the law → Negative & Positive Equality
(i) Equality before Law → Negative → Prohibitive
(ii) Equal protection of laws → Positive → Protective
Article 15
Prohibition of discrimination on some grounds:
Religion, Gender, Caste, Race, Place of Birth
Article 16
Equality of opportunity in public employment
Article 16(4) – Reservation in jobs
Article 17 – Abolition of Untouchability
Article 18 – Abolition of Titles
(Except military, medical, and academic titles)
2. Right to Freedom (Articles 19–22)
Article 19 – Freedom of Speech
Under Article 19:
(a) Freedom of Speech and Expression
(b) Freedom to assemble peacefully
(c) Freedom to form associations or unions
(d) Freedom to move freely throughout India
(e) Freedom to reside and settle anywhere in India
(f) Freedom to practice any profession or carry on any occupation, trade or business
🔖 Note:
Reasonable restrictions have been imposed on all freedoms.
Some thinkers believe that freedom taken away by one hand is returned by another (indicating
limitations on rights).
📌 Important:
Under Article 352 (Emergency Provisions), freedom under Article 19 can be restricted.
Article 20
Protection in respect of conviction for offenses:
Protection against double jeopardy
No punishment for an act that was not an offense at the time of commission
Protection against self-incrimination
Article 21
Protection of life and personal liberty
(Right to live with dignity)
> A person can be deprived of personal liberty only according to the procedure established by
law.
🔖 Note:
The Supreme Court has expanded the scope of this right through various judgments.
Here is the English translation of the handwritten Hindi notes from the images:
Rights Mentioned:
Right to become a teacher
Right to plant trees
Right to participate in all competitions
Right to take loans
Right to special facilities (for Scheduled Castes)
Article 21(A):
Right to Education
Added through the 86th Constitutional Amendment in 2002
Came into effect from 1st April 2010
Free and compulsory primary education for children aged 6–14 years
Article 22:
Protection from arrest
Protection for arrested persons
The arrested person must be presented before a magistrate within 24 hours
Right to know the reason for arrest and consult a lawyer
Article 22(4):
Preventive Detention Law
Its purpose is to prevent crimes that may happen
The state can detain a person to prevent potential threats or crimes
