Fundamental Rights
Indian Polity · मौलिक अधिकार · 19 facts
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
Fundamental Rights = Part III (Articles 12-35)
Originally 7 FRs, now 6 (Right to Property removed)
Borrowed from USA, justiciable (court enforceable)
Article 14 = Equality before law
Article 17 = Abolition of untouchability
Article 19 = 6 freedoms (originally 7, Right to Property removed)
Article 21 = Right to Life — cannot be suspended even in Emergency
Article 21A = Right to Education (6-14 years) — 86th Amendment
Article 32 = Heart & Soul of Constitution (Ambedkar)
5 Writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto
FRs are NOT absolute — subject to reasonable restrictions
Art 20 & 21 cannot be suspended even during National Emergency
Minerva Mills 1980 = FR & DPSP both important, harmony needed