Fundamental Rights

Fundamental Rights are the citizen's defence against arbitrary state action. Originally seven, now six. Articles 12-35 in Part III. NDA tests each right's article, key cases, and the doctrine of constitutional remedies.

The Six Rights

Right	Articles	Highlights
Right to Equality	14-18	14 (before law), 15 (no discrimination), 16 (equal public employment), 17 (abolition of untouchability), 18 (abolition of titles)
Right to Freedom	19-22	19 (six freedoms — speech, assembly, association, movement, residence, profession), 20 (protection in criminal law), 21 (life & personal liberty), 21A (education 6-14, added 86th Am.), 22 (arrest)
Right against Exploitation	23-24	23 (no human trafficking, forced labour), 24 (no child labour below 14 in factories/mines)
Right to Freedom of Religion	25-28	25 (freedom of conscience), 26 (manage religious affairs), 27 (no tax for religion), 28 (no religious instruction in state schools)
Cultural & Educational Rights	29-30	29 (protection of language/script/culture of minorities), 30 (minorities' right to administer educational institutions)
Right to Constitutional Remedies	32	Right to approach SC directly for enforcement of FRs — Ambedkar called it the 'heart and soul' of the Constitution

Article 14 and the Equality Code

Article 14: "The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India."

Two limbs:

• Equality before law (British concept) — no person is above the law; all are equally subject to ordinary law.
• Equal protection of laws (American concept) — like must be treated alike; reasonable classification allowed.

Test for valid classification (E.P. Royappa, Maneka Gandhi):

1. Classification must be based on intelligible differentia.
2. The differentia must have a rational nexus with the object of the law.

Article 21 — Right to Life and Liberty

"No person shall be deprived of his life or personal liberty except according to procedure established by law."

Originally interpreted narrowly (A.K. Gopalan, 1950). Maneka Gandhi v. UoI (1978) gave Article 21 a wide reading — the "procedure" must be fair, just, and reasonable, not merely any procedure.

Rights read into Article 21 over time:

• Right to privacy (K.S. Puttaswamy, 2017 — 9-judge bench)
• Right to live with dignity
• Right to clean environment
• Right to livelihood
• Right to education (later codified in Article 21A by 86th Am.)
• Right to legal aid
• Right to speedy trial
• Right to die with dignity (passive euthanasia, Common Cause case 2018)
• Right to internet access (Anuradha Bhasin case)

Article 32 — Right to Constitutional Remedies

Article 32 allows any person to move the Supreme Court for enforcement of a Fundamental Right. SC can issue five writs:

1. Habeas Corpus — produce the body; against illegal detention.
2. Mandamus — command to perform a public duty.
3. Prohibition — stop a lower court from exceeding jurisdiction.
4. Certiorari — quash an order of a lower court that exceeded its jurisdiction.
5. Quo Warranto — by what authority does a person hold public office?

High Courts have similar power under Article 226 — but with wider scope (can issue writs for "any other purpose", not just FR enforcement).

Landmark Cases

Case	Year	Significance
Shankari Prasad v. UoI	1951	Parliament can amend FRs (later overturned)
Golak Nath v. State of Punjab	1967	FRs cannot be amended by Parliament (later overturned by Kesavananda)
Kesavananda Bharati v. State of Kerala	1973	Parliament can amend any part including FRs, but not basic structure
Maneka Gandhi v. UoI	1978	Expanded Article 21 — procedure must be fair, just, reasonable; passport law tested
Minerva Mills v. UoI	1980	Limited 42nd Amendment; reaffirmed basic structure doctrine
K.S. Puttaswamy v. UoI	2017	Right to privacy is a fundamental right under Article 21 (9-judge bench)
Navtej Singh Johar v. UoI	2018	Decriminalised consensual same-sex relations (Section 377 read down)

NDA PYQ Examples

Frequently Asked Questions

How many Fundamental Rights are there now?

Six. Originally seven; Right to Property removed by the 44th Amendment (1978) and made a legal right under Article 300A.

Are Fundamental Rights absolute?

No — all rights are subject to 'reasonable restrictions' specified within the relevant article. Article 19 freedoms can be restricted in interests of sovereignty, public order, decency, morality, contempt of court, defamation, incitement to offence.

Can Fundamental Rights be suspended during emergency?

Most can — except Articles 20 (protection in criminal cases) and 21 (life and personal liberty). This was clarified by 44th Amendment after the 1975-77 emergency excesses.

What is the difference between Article 32 and Article 226?

Both allow writs. Article 32 — right to approach SC, only for enforcement of FRs, is itself a FR. Article 226 — right to approach HC, for enforcement of FRs and 'any other purpose', is broader but not a FR itself.

Which case expanded Right to Life dramatically?

Maneka Gandhi v. UoI (1978). Before this, 'procedure established by law' meant any law. After, the SC said it must be a fair, just and reasonable procedure — opening Article 21 to wide interpretation.

Related Topics

NDA PolityPreamble NDA PolityDPSP NDA PolityWrits NDA PolitySupreme Court NDAPolity — Full Syllabus