Fundamental Rights are enshrined in Part III (Articles 12-35) of the Indian Constitution. These rights guarantee civil liberties to all Indians to ensure individual dignity and development.
UPSC Note: Fundamental Rights are inspired by the Bill of Rights in the US Constitution but are not absolute - they are subject to reasonable restrictions. The rights are justiciable (enforceable by courts) under Article 32 and 226.
Based on English Common Law doctrine of "Rule of Law" (A.V. Dicey) and US Constitution's "Equal Protection Clause".
Exceptions: President/Governor (Article 361), Foreign sovereigns/diplomats, UNO agencies
No discrimination on grounds of religion, race, caste, sex or place of birth.
Special Provisions: Allows affirmative action for women/children/backward classes (15(3), 15(4))
Equal opportunity in matters of public employment. Allows reservation for backward classes (16(4)) and religious institutions (16(5)).
Recent Addition: Article 16(6) added by 103rd Amendment Act for economically weaker sections (10% quota).
Practice of untouchability is forbidden and punishable by law (Protection of Civil Rights Act, 1955).
No titles except military and academic. Bharat Ratna, Padma awards are not titles but state recognition.
UPSC Note: Important cases related to Right to Equality:
Available only to citizens (not foreigners). Originally 7 rights, now 6 after deletion of right to property (now legal right under Article 300A).
| Freedom | Subject to |
|---|---|
| 19(1)(a) - Speech & Expression | Libel, contempt of court, decency, security of State (reasonable restrictions) |
| 19(1)(b) - Peaceful Assembly | Public order, sovereignty & integrity |
| 19(1)(c) - Form Associations | Public order, morality |
| 19(1)(d) - Move Freely | Interest of general public, SC/ST protection |
| 19(1)(e) - Reside & Settle | Same as above |
| 19(1)(g) - Profession/Occupation | Professional qualifications, public interest |
Three protections:
Most expansive right interpreted by judiciary. "No person shall be deprived of his life or personal liberty except according to procedure established by law."
Expanded Meanings: Right to dignity, privacy, clean environment, health, education, speedy trial, etc.
Article 21A: Right to education (86th Amendment, 2002) - Free and compulsory education for 6-14 years.
Two types of detention:
Landmark Cases:
Includes begar (forced labor without payment) and human trafficking. Exception: Compulsory service for public purposes (like military service).
Laws: Bonded Labor System (Abolition) Act, 1976; Immoral Traffic Prevention Act, 1956
No child below 14 years shall be employed in factory/mine/hazardous employment.
Laws: Child Labor (Prohibition and Regulation) Act, 1986; amended in 2016 to completely prohibit employment below 14 years.
Subject to public order, morality, health and other Fundamental Rights. Includes right to convert but not by force/fraud/inducement.
Right to establish religious institutions, manage own affairs, own property, etc. Subject to public order, morality, health.
State cannot compel payment of taxes for promotion/maintenance of any religion.
No religious instruction in wholly state-funded institutions. In state-recognized/aided institutions, no compulsion to attend religious instruction.
UPSC Note: Important cases:
Any section with distinct language/script/culture has right to conserve it. No discrimination in admission to educational institutions on grounds of religion/race/caste/language.
All minorities (religious/linguistic) have right to establish/administer institutions of their choice. State shall not discriminate in granting aid.
Recent Issues: Controversies regarding minority status of institutions, RTE Act applicability to minority institutions, etc.
Called "heart and soul" of Constitution by Dr. B.R. Ambedkar. Provides five writs:
UPSC Note: Difference between Article 32 and 226:
| Article 32 | Article 226 |
|---|---|
| Only for FR violations | For FR and other legal rights |
| Only Supreme Court | High Courts |
| Fundamental Right itself | Discretionary power of court |
Affirmed Parliament's power to amend any part of Constitution including FR (response to Golaknath case)
Added Article 21A (Right to Education as FR)
Added 10% reservation for EWS under Article 15(6) and 16(6)