Section 1: Introduction to Fundamental Rights

📖 Notes:

 Fundamental Rights (FRs) are guaranteed by the Constitution under Part III
(Articles 12–35).
 Inspired by Bill of Rights (USA).
 They protect citizens from arbitrary state action and ensure a framework for
democracy, equality, and liberty.
 They are justiciable → can be enforced in courts.
 FRs are called the “cornerstone of the Constitution” (Granville Austin).

❓ Factual Q&A:

Q A
In which Part of the Constitution are Fundamental
Part III
Rights given?
Which Articles cover FRs? Articles 12–35
Who called FRs the “cornerstone of the Constitution”? Granville Austin
Which countries inspired Indian FRs? USA
Yes, they can be enforced through
Are FRs justiciable?
courts

Section 2: General Features of Fundamental Rights

📖 Notes:

 Available to all persons (citizens + non-citizens) for some rights, and only to citizens
for others.
 Not absolute → subject to reasonable restrictions (in public interest, national
security, etc.).
 Can be suspended during National Emergency (except Articles 20 & 21).
 Equality, liberty, fraternity, dignity → underlying principles.
 Enforcement: Through writs issued by Supreme Court (Art. 32) & High Courts (Art.
226).

❓ Factual Q&A:

Q A
No, subject to reasonable
Can FRs be absolute?
restrictions
Which two rights cannot be suspended during
Articles 20 & 21
Emergency?
Which Article empowers the SC to enforce FRs? Article 32
 Q A
Which Article empowers HCs to issue writs? Article 226
Who called Art. 32 the “heart and soul of the
B.R. Ambedkar
Constitution”?

Section 3: Classification of Fundamental Rights

📖 Notes:

The Constitution originally provided 7 Fundamental Rights, but after the 44th Amendment
(1978), there are 6 Fundamental Rights:

1. Right to Equality (Art. 14–18)

2. Right to Freedom (Art. 19–22)
3. Right against Exploitation (Art. 23–24)
4. Right to Freedom of Religion (Art. 25–28)
5. Cultural and Educational Rights (Art. 29–30)
6. Right to Constitutional Remedies (Art. 32)

(Right to Property was removed in 1978, made a legal right under Art. 300A).

❓ Factual Q&A:

Q A
How many FRs were there originally? 7
How many FRs exist now? 6
Which right was removed by the 44th Amendment? Right to Property
Under which Article is Right to Property now protected? Article 300A
Which Amendment removed Right to Property as a FR? 44th Amendment, 1978

Section 4: Right to Equality (Art. 14–18)

📖 Notes:

 Art. 14: Equality before law & equal protection of laws.

 Art. 15: Prohibition of discrimination on religion, race, caste, sex, place of birth.
Exceptions: special provisions for women, children, SC/ST, OBC.
 Art. 16: Equality of opportunity in public employment (reservations allowed for
backward classes).
 Art. 17: Abolition of untouchability.
 Art. 18: Abolition of titles (except academic & military distinctions).

❓ Factual Q&A:
 Q A
Which Article ensures equality before law? Article 14
Which Article abolishes untouchability? Article 17
Which Article provides for equality in public employment? Article 16
Which Article abolishes titles? Article 18
Can reservations be made for SC/ST/OBCs? Yes, under Art. 15 & 16

Section 5: Right to Freedom (Art. 19–22)

📖 Notes:

 Art. 19: Six freedoms – speech & expression, assembly, association, movement,
residence, profession.
 Art. 20: Protection in respect of conviction – no ex post facto law, no double
jeopardy, no self-incrimination.
 Art. 21: Right to life & personal liberty (expanded by SC → right to privacy, clean
environment, livelihood, education).
 Art. 21A: Right to free and compulsory education (6–14 years, RTE Act 2009).
 Art. 22: Protection in cases of arrest and detention (preventive detention max 3
months without Advisory Board approval).

❓ Factual Q&A:

Q A
Which Article provides freedom of speech? Article 19
Which Article gives Right to Education? Article 21A
Which Article provides right to life? Article 21
Ex post facto laws, double jeopardy, self-
What does Article 20 protect against?
incrimination
What is the max preventive detention without
3 months
approval?

Section 6: Right against Exploitation (Art. 23–24)

📖 Notes:

 Art. 23: Prohibition of human trafficking & forced labour.

 Art. 24: Prohibition of employment of children below 14 years in hazardous
industries.

❓ Factual Q&A:
 Q A
Which Article prohibits human trafficking? Article 23
Which Article prohibits child labor in hazardous industries? Article 24
What is the minimum age for hazardous employment? 14 years
Can forced labor be allowed? No, it is prohibited
Which rights ensure protection of dignity of labor? Articles 23 & 24

Section 7: Right to Freedom of Religion (Art. 25–28)

📖 Notes:

 Art. 25: Freedom of conscience, free profession, practice, propagation of religion.

 Art. 26: Freedom to manage religious affairs.
 Art. 27: Freedom from taxation for promotion of religion.
 Art. 28: Freedom from attending religious instruction in educational institutions
funded by state.

❓ Factual Q&A:

Q A
Which Article allows propagation of religion? Article 25
Which Article prohibits use of tax money for religion? Article 27
Which Article relates to religious education in state
Article 28
institutions?
Can minority religions manage their religious affairs? Yes, under Article 26
Yes, Constitution guarantees
Is India a secular state?
secularism

Section 8: Cultural and Educational Rights (Art. 29–30)

📖 Notes:

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

 Art. 30: Right of minorities to establish and administer educational institutions.
 SC upheld in T.M.A. Pai Foundation case (2002) that minority institutions have
autonomy.

❓ Factual Q&A:

Q A
Which Article protects minority culture and language? Article 29
Which Article allows minority educational institutions? Article 30
 Q A
Which case gave autonomy to minority institutions? T.M.A. Pai case (2002)
Who enjoys rights under Art. 29–30? Religious & linguistic minorities
Can minority institutions get state aid? Yes, but with reasonable regulation

Section 9: Right to Constitutional Remedies (Art. 32)

📖 Notes:

 Called the “heart and soul of the Constitution” (Ambedkar).

 Provides citizens the right to move SC for enforcement of FRs.
 Remedies include writs:

Writ Meaning Purpose Issued Against Example

Habeas Produce the Release from illegal Person arrested
Govt/individuals
Corpus body detention without cause
Govt
We Order authority to Authority refusing
Mandamus officials/public
command perform duty license
body
Stop lower court from District court
Lower
Prohibition To forbid overstepping hearing case beyond
courts/tribunals
jurisdiction power
Tribunal passing
Quash an illegal order Lower
Certiorari To review order without
of lower court courts/tribunals
authority
Quo By what Prevent illegal Unqualified person
Public officials
Warranto authority occupation of office in govt post

 Art. 32 itself is a Fundamental Right.

❓ Factual Q&A:

Q A
Which Article is the “heart and soul” of Constitution? Article 32
Which writ protects personal liberty? Habeas Corpus
Which writ checks authority of a person in office? Quo Warranto
SC (Art. 32), HC
Who can issue writs?
(Art. 226)
Is Art. 32 itself a Fundamental Right? Yes

Section 10: Criticism and Importance of Fundamental

Rights
📖 Notes:

 Criticism:
o Not absolute, subject to restrictions.
o Some rights suspended during Emergency.
o Implementation depends on judiciary.
 Importance:
o Protect individual liberty.
o Safeguard democracy.
o Promote equality & social justice.
o Enable citizens to participate fully in nation’s life.

Section 11: Directive Principles of State Policy (DPSPs)

and their Relation with Fundamental Rights
📖 Notes:

 Directive Principles of State Policy (Part IV, Articles 36–51) guide the State in
governance.
 Inspired by Irish Constitution.
 Unlike Fundamental Rights, DPSPs are non-justiciable (cannot be enforced in
courts).
 They promote social & economic democracy, while FRs ensure political
democracy.
 Relationship between FRs & DPSPs:
o FRs = Rights of individual, DPSPs = Duty of State.
o Often conflict (e.g., Right to Property vs. Land reforms).
o Kesavananda Bharati case (1973): Balance between FRs & DPSPs is part of
Basic Structure.
o Minerva Mills case (1980): FRs and DPSPs are complementary, not opposed.

❓ Factual Q&A:

Q A
Which Part contains DPSPs? Part IV
Which Articles cover DPSPs? Articles 36–51
DPSPs were inspired from which country? Ireland
Are DPSPs justiciable? No
Which case upheld harmony between FRs & DPSPs? Minerva Mills (1980)

Section 12: Human Rights and the Role of NHRC

📖 Notes:

 Human Rights = Basic rights inherent to all humans (life, liberty, equality, dignity).
  Global framework:
o Universal Declaration of Human Rights (UDHR), 1948 → adopted by UN.
o Many FRs in India are drawn from UDHR.
 National Human Rights Commission (NHRC) established in 1993 under
Protection of Human Rights Act.

Functions of NHRC:

 Investigates complaints of human rights violations (by public authorities).

 Visits jails & detention centers.
 Spreads human rights awareness.
 Advises government on treaties & policies.

Limitations of NHRC:

 Recommendations are not binding.

 Cannot investigate violations by private actors directly.
 Overburdened with cases.

❓ Factual Q&A:

Q A
When was NHRC established? 1993
Under which Act was NHRC created? Protection of Human Rights Act, 1993
Which UN document inspired Indian
Universal Declaration of Human Rights, 1948
FRs?
Are NHRC recommendations binding? No
President of India (usually a retired Chief Justice of
Who appoints the NHRC Chairperson?
India)

Section 13: Fundamental Duties (Link with FRs & DPSPs)

📖 Notes:

 Added by 42nd Amendment (1976) under Part IV-A, Article 51A.

 11 Fundamental Duties → moral obligations on citizens.
 Example: Respect the Constitution, national symbols, promote harmony, protect
environment.
 Relation with FRs & DPSPs:
o FRs give rights, DPSPs guide the State, Duties remind citizens of their
responsibilities.

❓ Factual Q&A:

Q A
Which Amendment added Fundamental Duties? 42nd Amendment, 1976
 Q A
Which Article mentions Fundamental Duties? Article 51A
How many Fundamental Duties exist today? 11
Which Amendment added the 11th Duty (on education)? 86th Amendment, 2002
Are Fundamental Duties justiciable? No (mostly moral obligations)

📘 Concept-Based Long Answer Questions

Q1. Discuss the significance of Fundamental Rights in the Indian Constitution.
How do they ensure both political and social democracy?

Answer:

 Introduction: Fundamental Rights (FRs), enshrined in Part III (Articles 12–35), are
considered the "cornerstone of the Constitution." They guarantee civil, political, and
certain social rights to all citizens.
 Significance:
1. Protect Individual Liberty → safeguard life, dignity, and personal freedom
(Art. 21).
2. Ensure Equality → abolish untouchability, prevent discrimination (Art. 14–
18).
3. Promote Democracy → freedom of speech, assembly, association (Art. 19).
4. Check State Power → rights are enforceable by courts (Art. 32).
5. Social Justice → prevent exploitation (Art. 23–24).
 Balance of Democracy:
o Political democracy → ensured through rights like freedom of expression,
voting rights, association.
o Social democracy → supported by rights to equality, protection against
discrimination.
 Conclusion: FRs act as a bulwark against authoritarianism and form the foundation
of a democratic, just, and inclusive society.

Q2. How does the Right to Equality (Articles 14–18) reflect India’s commitment
to social justice?

Answer:

 Introduction: The Right to Equality eliminates traditional hierarchies and caste-based

injustices prevalent in Indian society.
 Key Provisions:
1. Equality before law (Art. 14) → every person equal before law.
 2. Prohibition of discrimination (Art. 15) → on grounds of religion, race, caste,
sex, place of birth.
3. Equality of opportunity (Art. 16) → in public employment.
4. Abolition of untouchability (Art. 17) → a revolutionary step against caste
oppression.
5. Abolition of titles (Art. 18) → prevents artificial social distinctions.
 Commitment to Social Justice:
o Upliftment of weaker sections through reservations.
o Striking at the root of caste-based discrimination.
o Establishing a society based on dignity and equal status.
 Conclusion: The Right to Equality ensures not just formal equality, but also aims at
substantive equality, fulfilling the constitutional vision of a just society.

Q3. Explain the relationship between Fundamental Rights and Directive

Principles of State Policy. How has the Supreme Court harmonized the two?

Answer:

 Introduction:
o FRs (Part III) = enforceable rights of citizens.
o DPSPs (Part IV) = non-enforceable principles guiding governance.
 Relationship:
o FRs protect individual liberty; DPSPs ensure socio-economic justice.
o Sometimes conflict arises (e.g., Right to Property vs. Land reforms).
 Judicial Interpretation:
1. Kesavananda Bharati Case (1973): Balance between FRs & DPSPs is part of
Basic Structure.
2. Minerva Mills Case (1980): FRs and DPSPs are complementary, not
contradictory.
3. Court Approach: Harmonious construction → neither should override the
other.
 Conclusion: FRs and DPSPs together ensure political, social, and economic
democracy, fulfilling the vision of the Preamble.

Q4. Evaluate the role of the National Human Rights Commission (NHRC) in
protecting Fundamental Rights. What are its limitations?

Answer:

 Introduction: Established in 1993 under the Protection of Human Rights Act, NHRC
is the apex institution to safeguard rights guaranteed under the Constitution and UDHR
(1948).
 Functions:
1. Inquire into cases of human rights violations.
2. Inspect jails & detention centers.
 3. Spread awareness of human rights.
4. Recommend reforms to government.
 Achievements:
o Exposed custodial deaths, fake encounters, bonded labor, child labor.
o Enhanced human rights awareness.
 Limitations:
o Recommendations are advisory, not binding.
o Cannot act against private actors directly.
o Overburdened with cases.
 Conclusion: While NHRC has strengthened human rights discourse, its effectiveness
depends on government cooperation. Stronger powers can make it a true guardian of
rights.

Q5. "Fundamental Duties act as a constant reminder that rights and duties are
inseparable." Discuss with reference to the Indian Constitution.

Answer:

 Introduction: Fundamental Duties, added by the 42nd Amendment (1976), reflect the
principle that enjoyment of rights must be accompanied by responsibility.
 Key Duties (Article 51A):
o Respect the Constitution, national symbols.
o Promote harmony, protect environment, safeguard public property.
o Duty of parents to provide education (added by 86th Amendment, 2002).
 Significance:
o Strengthen democracy by promoting civic responsibility.
o Encourage national unity, discipline, and environmental awareness.
o Balance rights with duties (e.g., Right to Freedom of Speech balanced with duty
to maintain harmony).
 Conclusion: Though non-justiciable, Fundamental Duties have moral force and
remind citizens that rights come with obligations towards society and nation.

Q6. Critically analyse the Right to Constitutional Remedies (Article 32). Why
did Dr. Ambedkar call it the “heart and soul” of the Constitution?

Answer:

 Introduction: Right to Constitutional Remedies empowers citizens to approach courts

if their FRs are violated.
 Provisions:
o Citizens can move the Supreme Court (Art. 32) or High Courts (Art. 226).
o Courts can issue writs: Habeas Corpus, Mandamus, Prohibition, Certiorari,
Quo Warranto.
 Importance:
o Makes FRs enforceable and meaningful.
 o Prevents arbitrary actions of the State.
o Protects democracy and rule of law.
 Limitations:
o FRs can be suspended during National Emergency (Art. 359).
 Conclusion: Called the “heart and soul of the Constitution” because without Art. 32,
FRs would be merely declaratory. It ensures that citizens can actively defend their
rights.