Fundamental Rights
Part III of the Constitution — the citizen's shield against the state.
📜 Origin of the word
Latin roots
- Fundamentum = foundation
- Rectus = straight, just
Meaning: Claims so basic they form the foundation of just rule.
What?
Six justiciable rights guaranteed in Articles 12-35 that every person (some only citizens) can enforce directly in the Supreme Court.
Why?
To protect individual dignity and minority interests against majoritarian or arbitrary state action, and to set limits on legislative and executive power.
How?
Enforced through writs — Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto — under Article 32 (SC) and Article 226 (HCs).
Who?
Drafted by the Constituent Assembly's Advisory Committee under Sardar Vallabhbhai Patel, with the sub-committee chaired by J. B. Kripalani; inspired by the US Bill of Rights.
Where?
Part III of the Constitution of India; enforceable across the territory of India.
When?
In force from 26 January 1950; Right to Property removed from Part III by the 44th Amendment, 1978.
Importance
Beginner explanation
NCERT connection
UPSC-level explanation
Memory trick
History
Constitutional articles & provisions
- Article 14 — Equality before law and equal protection of laws.
- Article 19 — Six freedoms including speech, assembly, movement and profession.
- Article 21 — Protection of life and personal liberty — the expanding article.
- Article 21A — Free and compulsory education for children aged 6-14 (86th Amendment, 2002).
- Article 25-28 — Freedom of religion.
- Article 32 — Right to constitutional remedies — Ambedkar's 'heart and soul'.
Important years & timeline
- 1928 — Nehru Report demands a bill of rights
- 1931 — Karachi Session resolution on Fundamental Rights
- 1950 — Part III comes into force
- 1976 — 42nd Amendment; rights curtailed during the Emergency
- 1978 — 44th Amendment; Article 21 protected even in Emergency
- 2017 — Privacy declared a fundamental right (Puttaswamy)
Real-life examples
- · A journalist using Article 19(1)(a) against a takedown order.
- · A worker rescued from bonded labour under Article 23.
- · A minority institution claiming Article 30 autonomy in admissions.
Supreme Court cases
- Maneka Gandhi v. Union of India (1978) — Procedure under Article 21 must be just, fair and reasonable; linked Articles 14, 19 and 21.
- K. S. Puttaswamy v. Union of India (2017) — Right to privacy is intrinsic to Article 21.
- Navtej Singh Johar v. Union of India (2018) — Section 377 unconstitutional insofar as it criminalised consensual adult same-sex relations.
Current affairs link
Mind map
Fundamental Rights
- └ Six categories
- └ Enforcement
- └ Limits
- └ Evolution
Six categories
- └ Equality 14-18
- └ Freedom 19-22
- └ Against Exploitation 23-24
- └ Religion 25-28
- └ Cultural 29-30
- └ Remedies 32
Enforcement
- └ Article 32 writs
- └ Article 226 writs
- └ PIL
Limits
- └ Reasonable restrictions
- └ Emergency (358/359)
- └ Ninth Schedule
Summary notes
- · Articles 12-35, six categories, justiciable.
- · Article 32 is itself a fundamental right.
- · Article 21 has been read expansively: privacy, livelihood, clean environment, health.
- · Rights are not absolute — reasonable restrictions apply.
Previous year questions
- UPSC Prelims · 2021
Which of the following rights is/are available only to citizens and not to foreigners?
- UPSC Mains GS-II · 2021
'Right to privacy is intrinsic to life and personal liberty.' Examine in light of the Puttaswamy judgment.
- SSC CGL · 2022
Which article of the Constitution is known as the 'heart and soul' of the Constitution?
Recommended videos & sources
- Rights in the Indian Constitution — NCERT Class 11 / SWAYAM
- Constitution of India — full text — Legislative Department
🧩 Practice this topic
2 MCQs with explanations.