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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

RightArticlesKey Provisions
Right to Equality14-1814: 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 Freedom19-2219: 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 Exploitation23-2423: No trafficking & forced labour (begar), 24: No child labour below 14 years in factories/mines
Right to Freedom of Religion25-2825: Freedom of conscience & religion, 26: Manage religious affairs, 27: No tax for religion promotion, 28: No religious instruction in govt schools
Cultural & Educational Rights29-3029: Protection of minorities' culture & language, 30: Minorities' right to establish & administer educational institutions
Right to Constitutional Remedies32Right to approach Supreme Court for enforcement of FRs. 5 Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto

📖5 Writs under Article 32

WritMeaningUsed 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

📝Memory Tricks

📝Exam Corner — Most Asked Questions

📝Quick Revision — 13 One-Liners