Part III of the Constitution, Articles 12 to 35, lists the Fundamental Rights — the guarantees a citizen can enforce against the State in court. Exams ask three things: which article says what, which right applies to whom, and what the landmark cases and amendments changed.
The six rights at a glance
| Right | Articles | In one line |
|---|---|---|
| Right to Equality | 14–18 | Equal before law; no discrimination; equal opportunity in public jobs; abolition of untouchability and titles |
| Right to Freedom | 19–22 | Six freedoms; protection in conviction; life and personal liberty; education; protection on arrest |
| Right against Exploitation | 23–24 | No human trafficking or forced labour; no child under 14 in hazardous work |
| Right to Freedom of Religion | 25–28 | Profess, practise, propagate; manage religious affairs; no religious tax; no religious instruction in State schools |
| Cultural and Educational Rights | 29–30 | Minorities keep their language and culture; may run educational institutions |
| Right to Constitutional Remedies | 32 | Move the Supreme Court directly to enforce these rights |
Article 12 defines "the State" (Government and Parliament, State governments and legislatures, local and other authorities). Article 13 says any law inconsistent with Fundamental Rights is void.
Article by article, the testable detail
- Article 14 — equality before law (a British idea, negative) and equal protection of laws (American, positive). Applies to any person, not only citizens.
- Article 15 — no discrimination on grounds of religion, race, caste, sex, place of birth. Clause (4) allows special provisions for backward classes; clause (6) — the 103rd Amendment, 2019 — allows 10 % EWS reservation.
- Article 16 — equality of opportunity in public employment; 16(4) permits reservation for backward classes not adequately represented.
- Article 17 — untouchability abolished; its practice is an offence.
- Article 18 — no titles except military and academic distinctions. (Bharat Ratna and Padma awards are not "titles" — the Balaji Raghavan case, 1996.)
- Article 19 — six freedoms for citizens only: speech and expression, assembly, association, movement, residence, profession. (Property, the original seventh, was deleted in 1978.)
- Article 20 — no ex post facto law, no double jeopardy, no self-incrimination. Cannot be suspended even in an emergency.
- Article 21 — no deprivation of life or personal liberty except by procedure established by law. After Maneka Gandhi (1978) that procedure must be fair, just and reasonable, which turned Article 21 into the source of the right to privacy, clean environment, speedy trial, dignity and more.
- Article 21A — free and compulsory education for ages 6–14 (86th Amendment, 2002; RTE Act 2009).
- Article 22 — protection on arrest: told the grounds, consult a lawyer, produced before a magistrate within 24 hours. Preventive detention is the exception: up to three months without an Advisory Board.
- Article 23 — bans traffic in human beings and begar; compulsory public service is allowed.
- Article 24 — no child below 14 in factories, mines or hazardous employment.
- Articles 25–28 — religion: subject to public order, morality and health. 25 protects wearing the kirpan by Sikhs. 27: no one can be taxed to promote a religion. 28: no religious instruction in wholly State-funded institutions.
- Article 29 — any section of citizens may conserve its language, script or culture.
- Article 30 — religious and linguistic minorities may establish and administer educational institutions.
- Article 32 — the Supreme Court issues writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto. High Courts issue the same under Article 226, and for a wider set of purposes.
- Article 33 — Parliament may restrict the rights of armed forces and police.
- Article 35 — only Parliament may make laws to give effect to certain rights.
The cases that moved the line
- A. K. Gopalan (1950) — Article 21 read narrowly; "procedure established by law" meant any procedure.
- Golaknath (1967) — Parliament could not amend Fundamental Rights.
- Kesavananda Bharati (1973) — Parliament can amend them, but not the basic structure of the Constitution.
- Maneka Gandhi (1978) — procedure under Article 21 must be fair, just and reasonable; Articles 14, 19 and 21 read together.
- Minerva Mills (1980) — balance between Fundamental Rights and Directive Principles is itself part of the basic structure.
- Puttaswamy (2017) — privacy is a Fundamental Right under Article 21.
Amendments to remember
- 1st (1951) — added Article 15(4) and the Ninth Schedule.
- 42nd (1976) — Fundamental Duties added; Directive Principles given primacy in some cases.
- 44th (1978) — Right to Property removed from Part III; Articles 20 and 21 made non-suspendable.
- 86th (2002) — Article 21A.
- 103rd (2019) — EWS reservation.
Quick recap for the MCQ
- Rights available to all persons: 14, 20, 21, 21A, 22, 23, 24, 25–28. To citizens only: 15, 16, 19, 29, 30.
- Writs: five under Article 32 (Supreme Court) and Article 226 (High Courts).
- "Heart and soul": Article 32. "Magna Carta of India": Part III as a whole.
- Fundamental Rights are justiciable; Directive Principles are not.