Fundamental Rights (Articles 12–35) for Prelims and Mains

If there is one part of the Constitution every UPSC aspirant must know thoroughly, it is Part III. Fundamental Rights appear in Prelims almost every year, and they sit underneath a large share of GS Paper II and Essay questions — on privacy, speech, equality, reservation, religion and the relationship between the citizen and the state.

The good news: Part III is well organised. Learn its structure first, and the articles slot into place.

The structure of Part III

The right to property was originally a Fundamental Right (Article 19(1)(f) and Article 31). The 44th Amendment, 1978, removed it from Part III; it now survives as a constitutional (legal) right under Article 300A.

Articles 12 and 13: the foundation

Article 12 defines "the State" — the government and Parliament of India, state governments and legislatures, local authorities and "other authorities". Courts have read "other authorities" to include bodies that are financially, functionally or administratively controlled by the government. This matters because Fundamental Rights are mostly enforceable against the State, not private persons.

Article 13 says that laws inconsistent with Fundamental Rights are void to the extent of the inconsistency. This is the textual basis of judicial review of legislation.

Right to Equality (14–18)

• Article 14 — equality before the law and equal protection of the laws. The first idea comes from British constitutional thought (no one is above the law); the second from American (like should be treated alike). The courts allow reasonable classification — different treatment is permitted if based on an intelligible difference with a rational link to the law's purpose. Later cases added that arbitrariness itself violates Article 14.
• Article 15 — no discrimination on grounds only of religion, race, caste, sex or place of birth, with enabling provisions for special measures for women, children, socially and educationally backward classes, SCs and STs — and, since the 103rd Amendment (2019), economically weaker sections.
• Article 16 — equality of opportunity in public employment, with provision for reservation.
• Article 17 — abolition of untouchability; its practice in any form is an offence.
• Article 18 — abolition of titles, except military and academic distinctions.

Right to Freedom (19–22)

Article 19 guarantees six freedoms to citizens: speech and expression; to assemble peaceably without arms; to form associations, unions or co-operative societies; to move freely throughout India; to reside and settle anywhere; and to practise any profession or carry on any occupation, trade or business. Each is subject to reasonable restrictions listed in clauses (2) to (6) — sovereignty and integrity of India, security of the State, public order, decency or morality, and so on.

Article 20 protects persons in criminal matters:

• no punishment under an ex post facto law (retrospective criminal law);
• no double jeopardy — not prosecuted and punished twice for the same offence;
• no self-incrimination — no one accused can be compelled to be a witness against themselves.

Article 21 — "No person shall be deprived of his life or personal liberty except according to procedure established by law." Few provisions have grown as much through interpretation:

Through such cases, Article 21 has come to include the rights to live with dignity, to a clean environment, to health, to shelter, to a speedy trial and more.

Article 21A, added by the 86th Amendment (2002), makes free and compulsory education for children aged 6 to 14 a Fundamental Right.

Article 22 gives protection against arbitrary arrest (the right to be informed of grounds, to consult a lawyer, to be produced before a magistrate within 24 hours) and sets out safeguards around preventive detention.

Right against Exploitation (23–24)

Article 23 prohibits trafficking in human beings, begar and other forms of forced labour. Article 24 prohibits employment of children below 14 in factories, mines or other hazardous employment. Unlike most rights, these protect people against private persons too.

Freedom of Religion (25–28)

• Article 25 — freedom of conscience and the right to freely profess, practise and propagate religion, subject to public order, morality, health and other Fundamental Rights. The State may regulate secular activities associated with religion and provide for social reform.
• Article 26 — freedom of religious denominations to manage their own affairs in matters of religion.
• Article 27 — no compulsion to pay taxes for the promotion of a particular religion.
• Article 28 — no religious instruction in wholly State-funded educational institutions.

Courts have used an "essential religious practices" test to decide which practices get constitutional protection — a test that is itself debated.

Cultural and Educational Rights (29–30)

Article 29 protects any section of citizens with a distinct language, script or culture. Article 30 gives religious and linguistic minorities the right to establish and administer educational institutions of their choice.

Article 32: the heart of the matter

Ambedkar called Article 32 "the very soul of the Constitution and the very heart of it". It makes the right to approach the Supreme Court for enforcement of Fundamental Rights itself a Fundamental Right. The Court can issue five writs:

High Courts have similar and wider powers under Article 226, which extends to "any other purpose" as well.

Rights for citizens only, and rights for all

Some rights are available only to citizens: Articles 15, 16, 19, 29 and 30. The rest — including Articles 14, 20, 21 and 25 — are available to all persons, including foreigners.

Rights during an emergency

• During a national emergency declared on grounds of war or external aggression, Article 19 is suspended automatically (Article 358).
• Under Article 359, the President can suspend the right to move courts for enforcement of other Fundamental Rights — but, since the 44th Amendment, never for Articles 20 and 21.

Practice questions

1. Prelims-type: Which Fundamental Rights cannot be suspended even during a national emergency?
2. Mains-type (150 words): How has the Supreme Court expanded the scope of Article 21? Illustrate with examples.
3. Mains-type (250 words): "The right to privacy is not absolute." Discuss in the light of the Puttaswamy judgment.

For how these themes have actually been asked over twelve years, see our GS Paper II PYQ volume, arranged topic by topic.