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Quick recap: Fundamental Rights on one page
All four parts of Fundamental Rights condensed for quick revision: the six rights, the key articles, cases and amendments, a one-table overview and eight mixed questions.
The Fundamental Rights are in Part III of the Constitution, Articles 12 to 35. They are justiciable, so a person can go to court to enforce them, but they are not absolute. They mainly limit 'the State', which Article 12 defines widely to include governments, legislatures, local bodies and other authorities under government control. Article 13 makes any law that violates them void to that extent, which is the basis of judicial review. Five rights are for citizens only: Articles 15, 16, 19, 29 and 30; the rest protect every person, including foreigners.
| Right | Articles | Key points |
|---|---|---|
| Right to Equality | 14–18 | Equality before law; no discrimination; equal opportunity in public jobs; untouchability and titles abolished |
| Right to Freedom | 19–22 | Six freedoms; protection in criminal cases; life and personal liberty; education 6–14; arrest safeguards |
| Right against Exploitation | 23–24 | No trafficking or forced labour; no child below 14 in hazardous work |
| Right to Freedom of Religion | 25–28 | Conscience and religion; denominations; no tax for one religion; religious instruction rules |
| Cultural and Educational Rights | 29–30 | Conserve language, script, culture; minority educational institutions |
| Right to Constitutional Remedies | 32 | Move the Supreme Court; five writs |
The Right to Equality covers Articles 14 to 18. Article 14 guarantees equality before law and equal protection of the laws; reasonable classification is allowed, arbitrariness is not. Article 15 bars discrimination on grounds only of religion, race, caste, sex or place of birth, and allows special provisions for women, children and backward classes. Article 16 gives equality of opportunity in public jobs, with reservation for backward classes; Indra Sawhney (1992) set a normal ceiling of 50 per cent and excluded the creamy layer. Article 17 abolishes untouchability and Article 18 abolishes titles, except military and academic distinctions.
Article 19 gives citizens six freedoms: speech and expression, peaceful assembly without arms, association, movement, residence, and profession. The freedom of property, once clause (f), was removed by the 44th Amendment (1978). Each freedom can be limited only by law and only on the grounds listed in clauses (2) to (6), and courts decide whether a restriction is reasonable; the eight grounds for speech include public order, defamation, contempt of court and the sovereignty and integrity of India. Under Article 358, Article 19 is suspended automatically during a national emergency declared on the ground of war or external aggression.
Articles 20 to 22 protect life and liberty. Article 20 bars ex post facto criminal laws, double jeopardy and self-incrimination. Article 21 protects life and personal liberty except according to procedure established by law; since Maneka Gandhi (1978) that procedure must be just, fair and reasonable, and courts have read into it the rights to privacy (Puttaswamy, 2017), livelihood, a speedy trial, legal aid and a clean environment. Article 21A, added by the 86th Amendment (2002), gives free and compulsory education to children aged 6 to 14. Article 22 gives safeguards on arrest, and limits preventive detention to three months unless an Advisory Board approves more.
The Right against Exploitation is in Articles 23 and 24. Article 23 prohibits traffic in human beings, begar and other forms of forced labour, and applies against private persons too; the State may still impose compulsory service for public purposes, such as military service, without discrimination. Paying less than the minimum wage has been held to be forced labour. Article 24 bars children below 14 from factories, mines and other hazardous employment.
The Right to Freedom of Religion is in Articles 25 to 28, and reflects India's Secular approach: no State religion, equal respect for all faiths, and room for social reform. Article 25 gives every person freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality, health and the other Fundamental Rights; propagation does not include a right to convert others. Article 26 lets religious denominations manage their own religious affairs and property. Article 27 bars taxes to promote any particular religion, and Article 28 bars religious instruction in institutions wholly funded by the State.
The Cultural and Educational Rights are in Articles 29 and 30. Article 29 lets any section of citizens with a distinct language, script or culture conserve it, and bars denial of admission to State or State-aided institutions on grounds only of religion, race, caste or language; it is not limited to minorities. Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions of their choice. The Constitution does not define 'minority'; the Supreme Court has said minorities are identified state by state (T.M.A. Pai, 2002).
Rights need remedies. Article 32, the right to move the Supreme Court, is itself a Fundamental Right; Ambedkar called it 'the very soul of the Constitution and the very heart of it'. High Courts issue writs under Article 226 for Fundamental Rights 'and for any other purpose', so their writ power is wider in scope. The five writs are habeas corpus (free an unlawfully detained person), mandamus (make a public authority do its duty), prohibition (stop a lower court before it exceeds its jurisdiction), certiorari (quash such a court's order after it is made) and quo warranto (test a person's right to hold a public office). Public interest litigation lets public-spirited people approach the courts for those who cannot.
Finally, the limits. Parliament alone can restrict the rights of the armed forces, police and intelligence services (Article 33). During a national Emergency, the President may suspend the enforcement of named rights under Article 359, but never Articles 20 and 21 (44th Amendment). Parliament can amend Fundamental Rights, but after Kesavananda Bharati (1973) it cannot destroy the basic structure of the Constitution. The right to property was removed from Part III by the 44th Amendment (1978) and is now a legal right under Article 300A, enforceable in the High Courts but not through Article 32.
Exam traps
- Citizens-only rights: Articles 15, 16, 19, 29 and 30. Everything else covers foreigners too.
- Article 19 has six freedoms, not seven; 19(1)(f) on property went with the 44th Amendment (1978).
- Article 358 suspends only Article 19, automatically, and only for war or external aggression; Article 359 suspends enforcement by Presidential order, never of Articles 20 and 21.
- Article 32 is itself a Fundamental Right; Article 226 is wider in scope but is not a Fundamental Right.
- Habeas corpus lies against private persons; mandamus does not. Prohibition comes before a decision, certiorari after.
- Articles 15(2), 17, 23 and 24 apply against private persons, not only the State.
- Article 29 protects any section of citizens; Article 30 only religious and linguistic minorities.
- Property is a legal right under Article 300A, not a Fundamental Right; Parliament cannot destroy the basic structure (Kesavananda Bharati, 1973).
Recap
- Part III, Articles 12–35: justiciable, not absolute, mainly against the State (Article 12); laws violating them are void (Article 13).
- Equality (14–18): equality before law; no discrimination; reservation with a 50% normal ceiling (Indra Sawhney 1992); untouchability and titles abolished.
- Freedom (19–22): six freedoms with reasonable restrictions; Article 20 safeguards; Article 21 read widely since Maneka Gandhi (1978); 21A education; 22 arrest and detention.
- Exploitation (23–24): no trafficking, begar or forced labour; no child below 14 in hazardous work.
- Religion (25–28): conscience and religion for all persons; denominations' rights; no religious tax; no religious instruction in wholly State-funded institutions.
- Culture and education (29–30): any section may conserve its culture; minorities may run their own institutions.
- Remedies: Article 32 (Fundamental Right), Article 226 (wider); five writs; PIL.
- Limits: Article 33 (forces), Article 359 (never 20 and 21), basic structure (Kesavananda 1973), property under Article 300A.
Practice questions
Q1. Which of the following Fundamental Rights are available only to citizens of India?
1. Article 14
2. Article 16
3. Article 19
4. Article 21
Select the correct answer using the code below.
- 1 and 4 only
- 2 and 3 only
- 1, 2 and 3 only
- 2, 3 and 4 only
Show answer
Answer: B. 2 and 3 only
Articles 16 and 19 are citizens-only. Articles 14 and 21 protect every person in India, including foreigners.
Q2. How many freedoms does Article 19(1) of the Constitution of India guarantee today?
- Five
- Six
- Seven
- Eight
Show answer
Answer: B. Six
Six. The original seventh freedom, to acquire, hold and dispose of property (19(1)(f)), was removed by the 44th Amendment (1978). Eight is the number of grounds for restricting speech in Article 19(2), a common distractor.
Q3. Which of the following Fundamental Rights can be enforced against private persons as well as the State?
1. Article 17 (abolition of untouchability)
2. Article 23 (prohibition of forced labour)
3. Article 24 (prohibition of child labour in hazardous work)
Select the correct answer using the code below.
- 1 only
- 1 and 2 only
- 2 and 3 only
- 1, 2 and 3
Show answer
Answer: D. 1, 2 and 3
All three apply to private conduct: untouchability practised by anyone is an offence, a private employer can be guilty of forced labour, and a private factory cannot employ children below 14.
Q4. Which writ is issued to quash an order already passed by a lower court that acted without jurisdiction?
- Prohibition
- Certiorari
- Mandamus
- Quo warranto
Show answer
Answer: B. Certiorari
Certiorari quashes an order already made. Prohibition is issued earlier, while the case is pending; mandamus orders a public duty to be done; quo warranto tests the right to hold a public office.
Q5. Consider the following statements:
1. Article 358 suspends only Article 19, and only during an emergency declared on the ground of war or external aggression.
2. Under Article 359, the President can suspend the enforcement of Article 21.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: A. 1 only
Statement 1 is correct. Statement 2 is wrong: since the 44th Amendment (1978), the enforcement of Articles 20 and 21 cannot be suspended under Article 359.
Q6. In which case did the Supreme Court hold that Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter its basic structure?
- Shankari Prasad v. Union of India (1951)
- I.C. Golaknath v. State of Punjab (1967)
- Kesavananda Bharati v. State of Kerala (1973)
- Maneka Gandhi v. Union of India (1978)
Show answer
Answer: C. Kesavananda Bharati v. State of Kerala (1973)
Kesavananda Bharati (1973) laid down the basic structure doctrine. Shankari Prasad allowed amendment without that limit, Golaknath barred amending Fundamental Rights, and Maneka Gandhi concerned Article 21.
Q7. Consider the following statements:
1. Article 29 protects only religious and linguistic minorities.
2. Article 30 gives minorities the right to establish and administer educational institutions of their choice.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Show answer
Answer: B. 2 only
Statement 2 is correct. Statement 1 is wrong: Article 29 protects any section of citizens with a distinct language, script or culture, not only minorities.
Q8. Which one of the following statements about the right to property is correct today?
- It is a Fundamental Right under Article 19(1)(f)
- It is a Fundamental Right under Article 31
- It is a legal right under Article 300A and cannot be enforced through Article 32
- It is a Directive Principle of State Policy
Show answer
Answer: C. It is a legal right under Article 300A and cannot be enforced through Article 32
The 44th Amendment (1978) deleted Articles 19(1)(f) and 31 and created Article 300A. As it is no longer a Fundamental Right, Article 32 is not available. It is not a Directive Principle either.
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- Constitution of India, Part III (Articles 12–35), Articles 300A, 358, 359 and 368 — https://legislative.gov.in/constitution-of-india/
- Constitution (First Amendment) Act, 1951; (Twenty-fourth) 1971; (Forty-fourth) 1978; (Eighty-sixth) 2002 — https://www.indiacode.nic.in
- Supreme Court of India: Maneka Gandhi v. Union of India (1978); Kesavananda Bharati v. State of Kerala (1973); Indra Sawhney v. Union of India (1992); K.S. Puttaswamy v. Union of India (2017) — https://digiscr.sci.gov.in