Fundamental Rights are the basic human rights guaranteed to every citizen of India. They are written in Part III of the Constitution, from Articles 12 to 35. These rights are justiciable, meaning a person can go to court if they are violated. This topic is asked in almost every competitive exam.
Six Fundamental Rights
Originally there were seven Fundamental Rights. The Right to Property was removed by the 44th Amendment Act, 1978. Now there are six:
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right against Exploitation (Articles 23-24)
- Right to Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights (Articles 29-30)
- Right to Constitutional Remedies (Article 32)
Key Articles to Remember
- Article 14 – Equality before law.
- Article 19 – Six freedoms including speech, assembly and movement.
- Article 21 – Protection of life and personal liberty.
- Article 21A – Right to Education for children aged 6 to 14 years (added by 86th Amendment).
- Article 32 – Right to move the Supreme Court; called the heart and soul of the Constitution by Dr. B.R. Ambedkar.
Source and Nature
The idea of Fundamental Rights was borrowed from the Constitution of the United States (Bill of Rights). These rights are not absolute. The State can place reasonable restrictions on them. Fundamental Rights are available against the State, and some are available only to citizens while others apply to all persons.
Writs for Enforcement
Under Article 32, the Supreme Court can issue five writs to protect these rights: Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo Warranto. High Courts can issue the same writs under Article 226.
Quick Revision Points
- Fundamental Rights are in Part III, Articles 12-35.
- There are six Fundamental Rights at present.
- Right to Property was removed by the 44th Amendment, 1978.
- Borrowed from the US Constitution.
- Article 32 is the heart and soul of the Constitution.
- Article 21A added Right to Education by the 86th Amendment.
- Five writs protect Fundamental Rights.