Fundamental Rights (Art 12-35)
Constitution Special · मूल अधिकार (अनु. 12-35)
📋Quick Overview
Fundamental Rights (FRs) are enshrined in Part III (Articles 12–35) of the Indian Constitution. Originally there were 7 FRs; the Right to Property (Art 31) was removed by the 44th Amendment, 1978, and made a legal right under Art 300A. FRs are justiciable — they can be enforced through courts. Art 12 defines 'State' for the purpose of FRs, and Art 13 makes any law inconsistent with FRs void. Article 32 — the 'Right to Constitutional Remedies' — is called the 'Heart and Soul of the Constitution' by Dr. B.R. Ambedkar.
⭐
Currently 6 Fundamental Rights remain after removal of Right to Property (7th) by 44th Amendment 1978. Art 32 itself is a Fundamental Right — cannot be suspended except during National Emergency.
📖Six Fundamental Rights at a Glance
| Right | Articles | Key Provisions |
|---|---|---|
| Right to Equality | 14–18 | Equality before law, no discrimination, equal opportunity, abolition of untouchability & titles |
| Right to Freedom | 19–22 | 6 freedoms (speech, assembly, movement etc.), protection against conviction, life & liberty, RTE 6-14 yrs (21A), protection against arrest |
| Right against Exploitation | 23–24 | No trafficking/forced labour, no child labour in hazardous industries below 14 years |
| Right to Religion | 25–28 | Freedom of conscience, practice & propagation of religion; manage religious affairs; no religious tax; no religious instruction in state schools |
| Cultural & Educational Rights | 29–30 | Minorities can conserve culture, language, script; minorities can establish & administer educational institutions |
| Right to Constitutional Remedies | 32 | 'Heart and Soul' — Dr. Ambedkar; SC issues writs to enforce FRs; cannot be suspended except National Emergency |
📖Article-wise Breakdown — Part III
| Article | Provision |
|---|---|
| Art 12 | Definition of 'State' (Govt + Parliament + State Legislatures + local bodies + other authorities) |
| Art 13 | Laws inconsistent with FRs void; establishes judicial review |
| Art 14 | Equality before law + Equal protection of laws |
| Art 15 | No discrimination on grounds of religion, race, caste, sex, or place of birth |
| Art 16 | Equality of opportunity in matters of public employment |
| Art 17 | Abolition of untouchability — its practice is punishable |
| Art 18 | Abolition of titles (except military/academic distinctions) |
| Art 19 | 6 Freedoms: Speech & expression, Assembly (peacefully), Association, Movement, Residence, Profession |
| Art 20 | Protection in respect of conviction for offences (no double jeopardy, no self-incrimination, no ex-post-facto law) |
| Art 21 | Right to Life and Personal Liberty — most litigated article in the Constitution |
| Art 21A | Right to Education (6–14 years) — added by 86th Amendment, 2002 |
| Art 22 | Protection against arbitrary arrest and detention |
| Art 23 | Prohibition of traffic in human beings and forced labour (begar) |
| Art 24 | Prohibition of employment of children below 14 years in hazardous industries |
| Art 25 | Freedom of conscience and free profession, practice and propagation of religion |
| Art 32 | Right to Constitutional Remedies — SC can issue 5 types of writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto) |
📝Key Distinctions & Special Points
- •Art 20 and Art 21 CANNOT be suspended even during National Emergency (Art 352) — only 2 FRs protected always.
- •Right to Property removed by 44th Amendment 1978 and placed under Art 300A as a constitutional right (not FR).
- •Art 19 freedoms available only to citizens; Art 14, 20, 21 available to all persons (citizens + foreigners).
- •Art 21 (Right to Life) has been expanded by the SC to include right to livelihood, health, education, environment, privacy (Puttaswamy case 2017).
- •FRs are not absolute — reasonable restrictions can be imposed by the State under specified grounds.
- •Right to Education (Art 21A, 6–14 years) is implemented through the RTE Act 2009 (came into force April 1, 2010).