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Fundamental Rights (Art 12-35)

Constitution Special · मूल अधिकार (अनु. 12-35) · 18 facts

1

Fundamental Rights are enshrined in Part III of the Indian Constitution, covering Articles 12 to 35.

2

There are 6 Fundamental Rights: Right to Equality, Right to Freedom, Right Against Exploitation, Right to Freedom of Religion, Cultural & Educational Rights, and Right to Constitutional Remedies.

3

Right to Equality (Articles 14-18) guarantees equality before law and prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.

4

Article 14 guarantees equality before law and equal protection of laws to every person within India.

5

Article 19 guarantees 6 freedoms: speech & expression, assembly, association, movement, residence, and profession.

6

Article 21 protects the right to life and personal liberty — it is the most litigated article in the Indian Constitution.

7

Right to Freedom (Articles 19-22) includes protection against arbitrary arrest and detention under Article 22.

8

Articles 23-24 cover Right Against Exploitation: Article 23 prohibits trafficking and forced labour; Article 24 prohibits child labour in factories (below 14 years).

9

Articles 25-28 cover Right to Freedom of Religion, guaranteeing freedom of conscience and free profession, practice and propagation of religion.

10

Articles 29-30 guarantee Cultural and Educational Rights: minorities can conserve their culture and establish educational institutions.

11

Article 32 is the Right to Constitutional Remedies — Dr. B.R. Ambedkar called it the 'heart and soul of the Constitution'.

12

Under Article 32, the Supreme Court can issue 5 types of writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.

13

Article 17 abolishes untouchability and its practice in any form is forbidden — enforcement of any disability arising from untouchability is an offence.

14

Article 15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth, but allows special provisions for women, children, and backward classes.

15

Article 16 guarantees equality of opportunity in matters of public employment, with reservation provisions for SC/ST and backward classes.

16

Fundamental Rights are justiciable — a citizen can directly approach the Supreme Court (Art 32) or High Court (Art 226) if rights are violated.

17

Article 20 grants protection against conviction for offences — no double jeopardy, no ex-post-facto law, and no self-incrimination.

18

Right to Property was originally a Fundamental Right under Article 19(1)(f) and Article 31, but was removed by the 44th Amendment (1978) and made a legal right under Article 300A.