Fundamental Rights
Indian Polity · मौलिक अधिकार
📋Quick Overview
Fundamental Rights are in Part III (Articles 12-35) of the Constitution. They are borrowed from the US Constitution. Originally there were 7 Fundamental Rights, but Right to Property (Article 31) was removed by the 44th Amendment (1978) and made a legal right under Article 300A. Now there are 6 Fundamental Rights. They are justiciable — you can go to court if violated. Article 32 gives the right to approach the Supreme Court directly — Ambedkar called it the 'Heart and Soul of the Constitution'.
📖6 Fundamental Rights — Complete Table
| Right | Articles | Key Provisions |
|---|---|---|
| Right to Equality | 14-18 | 14: Equality before law, 15: No discrimination (religion/race/caste/sex/place of birth), 16: Equal opportunity in govt jobs, 17: Abolition of untouchability, 18: Abolition of titles |
| Right to Freedom | 19-22 | 19: 6 Freedoms (speech, assembly, movement, residence, profession, association), 20: Protection from conviction, 21: Right to life & personal liberty, 21A: Right to education (6-14 yrs), 22: Protection against arrest |
| Right against Exploitation | 23-24 | 23: No trafficking & forced labour (begar), 24: No child labour below 14 years in factories/mines |
| Right to Freedom of Religion | 25-28 | 25: Freedom of conscience & religion, 26: Manage religious affairs, 27: No tax for religion promotion, 28: No religious instruction in govt schools |
| Cultural & Educational Rights | 29-30 | 29: Protection of minorities' culture & language, 30: Minorities' right to establish & administer educational institutions |
| Right to Constitutional Remedies | 32 | Right to approach Supreme Court for enforcement of FRs. 5 Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto |
📖5 Writs under Article 32
| Writ | Meaning | Used When |
|---|---|---|
| Habeas Corpus | "Produce the body" | Illegal detention — court orders to produce the person |
| Mandamus | "We command" | Court orders govt officer to do his duty |
| Prohibition | "To forbid" | Higher court stops lower court from exceeding jurisdiction |
| Certiorari | "To certify" | Higher court transfers a case from lower court |
| Quo Warranto | "By what authority?" | Court asks — what is your legal right to hold this office? |
Article 32 = Supreme Court writs (FR), Article 226 = High Court writs (FR + legal rights — wider scope than Art 32)
📖FR vs DPSP — Key Comparison
Minerva Mills case (1980): Supreme Court said FR and DPSP are complementary — there must be harmony between both. Neither is superior.
📝Key Facts — Exam Traps
- •Article 20 & 21 CANNOT be suspended even during National Emergency
- •Article 19 is suspended ONLY during National Emergency (not State Emergency)
- •Right to Property was the 7th FR — removed by 44th Amendment (1978)
- •Article 21A (Right to Education) added by 86th Amendment (2002)
- •FRs are available against State, not against private persons (except Art 17 — untouchability)
- •FRs are NOT absolute — they have reasonable restrictions