Table of
Contents
|
Fundamental Rights of the Indian Constitution
Introduction
The Fundamental
Rights in the Indian Constitution are a set of rights that guarantee
the basic freedoms and protections necessary for the development of individuals
and society. Inspired by the Bill of Rights in the U.S.
Constitution, these rights are enshrined in Part III (Articles 12–35) of
the Indian Constitution. They are essential for upholding the dignity, liberty,
and equality of all citizens.
![]() |
Fundamental Rights |
Categories of Fundamental Rights
- Right to Equality (Articles 14–18):
- Article 14:
Equality before the law and equal protection of laws.
- Article 15:
Prohibition of discrimination on grounds of religion, race, caste, sex,
or place of birth.
- Article 16:
Equality of opportunity in public employment.
- Article 17:
Abolition of untouchability.
- Article 18:
Abolition of titles (except military and academic).
- Right to Freedom (Articles 19–22):
- Article 19:
Guarantees six freedoms:
- Freedom of speech and expression.
- Freedom to assemble peacefully.
- Freedom to form associations or unions.
- Freedom to move freely across India.
- Freedom to reside and settle in any part of India.
- Freedom to practice any profession or occupation.
- Article 20:
Protection against arbitrary punishment.
- Article 21:
Right to life and personal liberty (includes right to privacy, education,
and health).
- Article 21A:
Right to free and compulsory education for children aged 6–14.
- Article 22:
Protection against arrest and detention.
- Right Against Exploitation (Articles 23–24):
- Article 23:
Prohibits human trafficking, forced labor, and beggar.
- Article 24:
Prohibits child labor below the age of 14.
- Right to Freedom of Religion (Articles 25–28):
- Article 25:
Freedom of conscience and free profession, practice, and propagation of
religion.
- Article 26:
Freedom to manage religious affairs.
- Article 27:
Prohibits taxation for the promotion of any religion.
- Article 28:
Freedom from religious instruction in state-funded educational
institutions.
- Cultural and Educational Rights (Articles 29–30):
- Article 29:
Protects the interests of minorities by allowing them to conserve their
language, script, and culture.
- Article 30:
Grants minorities the right to establish and administer educational
institutions.
- Right to Constitutional Remedies (Article 32):
- Article
32 of the
Indian Constitution is known as the "Right to
Constitutional Remedies." It is often referred to as
the "heart and soul" of the
Constitution by Dr. B.R. Ambedkar. Here's a simple breakdown:
What is Article 32?
o
It
gives citizens the right to approach the Supreme Court directly
if their Fundamental Rights are violated.
o
The
Supreme Court can issue writs (orders) to enforce these rights.
Types of Writs:
o
Habeas Corpus: "Produce the body" – to release someone unlawfully detained.
o
Mandamus:
"We command" – to direct a public official to perform their duty.
o
Prohibition:
To stop a lower court from exceeding its jurisdiction.
o
Certiorari:
To transfer a case from a lower court to a higher court for review.
o
Quo Warranto: "By what authority" – to challenge someone's right to hold a
public office.
Why is it Important?
o
It
ensures that Fundamental Rights are not just on paper but can be enforced in
practice.
o
It
empowers citizens to hold the government accountable.
Mnemonics to
Remember Article 32 and Writs
"HMPCQ"
for Writs
·
Habeas
Corpus ·
Mandamus ·
Prohibition ·
Certiorari ·
Quo
Warranto Phrase to
Remember:
"Help Me Protect Citizens Quickly!" |
Key Features of Fundamental Rights
- Justiciability:
- Fundamental Rights are enforceable by courts. Citizens can
approach the Supreme Court (Article 32) or High Courts (Article 226) for
violations.
- Not Absolute:
- These rights are subject to reasonable restrictions in the
interest of public order, morality, security, and sovereignty of India.
- Suspension During Emergency:
- Under Article 359, Fundamental Rights (except Articles
20 and 21) can be suspended during a national emergency.
- Applicability:
- Available to all citizens, and in some cases, to non-citizens as
well (e.g., Article 14 applies to all persons).
Significance of Fundamental Rights
- Protection of Individual Liberty:
- Fundamental Rights safeguard citizens against arbitrary state
actions.
- Promotion of Social Justice:
- They ensure equality and prohibit discrimination, fostering an
inclusive society.
- Foundation of Democracy:
- These rights empower citizens to participate in the democratic
process and hold the government accountable.
- Judicial Activism:
- Courts have expanded the scope of Fundamental Rights through
landmark judgments (e.g., right to privacy in Justice K.S.
Puttaswamy v. Union of India).
Landmark Judgments on Fundamental Rights
- Kesavananda Bharati v. State of Kerala (1973):
- Established the basic structure doctrine, ensuring
that Fundamental Rights cannot be amended to alter the Constitution's
basic structure.
- Maneka Gandhi v. Union of India (1978):
- Expanded the scope of Article 21, linking it with the
right to live with dignity.
- Vishaka v. State of Rajasthan (1997):
- Recognized sexual harassment at the workplace as a violation of
Fundamental Rights.
- Navtej Singh Johar v. Union of India (2018):
- Decriminalized homosexuality, upholding the right to equality and
privacy.
Conclusion
The
Fundamental Rights in the Indian Constitution are a testament to the framers'
vision of a just, equitable, and democratic society. They empower citizens,
protect individual freedoms, and ensure accountability of the state. While they
are not absolute, their judicious interpretation by the judiciary has
strengthened their relevance in modern times. Understanding these rights is
crucial for every citizen, as they form the bedrock of India's constitutional
democracy.
UPSC Prelims Previous Year
Questions (PYQs) 2024
UPSC Prelims PYQs 2024
1. Under which of the
following Articles of the Constitution of India, has the Supreme Court of India
placed the Right to Privacy?
(a) Article 15
(b) Article 16
(c) Article 19
(d) Article 21
Answer: (d)
2. A Writ of Prohibition is
an order issued by the Supreme Court or High Courts to:
(a) a government officer prohibiting him from taking a particular
action.
(b) the Parliament/Legislative Assembly to pass a law on
Prohibition.
(c) the lower court prohibiting continuation of proceedings
in a case.
(d) the Government prohibiting it from following an
unconstitutional policy.
Answer: (c)
UPSC Prelims PYQs 2023
3. In India, which one of the following Constitutional
Amendments was widely believed to be enacted to overcome the judicial
interpretations of Fundamental Rights?
(a) 1st Amendment
(b) 42nd Amendment
(c) 44th Amendment
(d) 86th Amendment
Answer: (a)
UPSC Prelims PYQs 2022
With reference to the writs,
issued by the Courts in India, consider the following statements:
1. Mandamus will not lie
against a private organisation unless it is entrusted with a public duty.
2. Mandamus will not lie
against a Company even though it may be a Government Company.
3. Any public minded
person.can, be a petitioner to move the Court to obtain the writ of Quo
Warranto.
Which of the statements given
above are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (c)
UPSC Prelims PYQs 2020
4. Other than the Fundamental
Rights, which of the following parts of the Constitution of India
reflect/reflects the principles and provisions of the Universal Declaration of
Human Rights?
1. Preamble
2. Directive Principles of State
Policy
3. Fundamental Duties
Select the
correct answer using the code given below:
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (d)
Thanks...keep in touch 🤟