Fundamental Rights are the basic human freedoms that every individual in India enjoys, ensuring dignity, equality, and liberty. Enshrined in Part III (Articles 12 to 35) of the Constitution, these rights form the foundation of India’s democratic framework.
They are called the “Magna Carta of India”, similar to the Magna Carta of 1215 in England which limited the powers of the king and laid the foundation for individual liberty.
Dr. B.R. Ambedkar called them “Constitutional guarantees to maintain democracy” — rights that cannot be taken away by any government, unless in special circumstances defined by the Constitution itself.
Background & Inspirations
1.Justiciable in Nature – They can be enforced through courts.
- If your right is violated, you can directly approach the Supreme Court under Article 32 or High Court under Article 226.
2. Not Absolute – Reasonable restrictions can be imposed by the State to protect public order, decency, morality, or national security.
- Available to Citizens and Non-Citizens – Some rights are only for citizens (like Article 19), others are available to all persons (like Article 21).
3. Restrictive Power of the State – They act as a check on the arbitrary power of both the Legislature and the Executive.
4. Can be Suspended During Emergency – Except Articles 20 and 21, Fundamental Rights can be suspended during a National Emergency (Article 352).
5. Dynamic & Evolving – Courts have expanded their meaning through judicial interpretation, e.g., Right to Privacy, Right to Clean Environment, Right to Internet Access, etc., under Article 21.
Classification of Fundamental Rights
Category | Articles | Description |
Right to Equality | 14–18 | Equality before law, no discrimination, equal opportunity, abolition of untouchability and titles |
Right to Freedom | 19–22 | Freedom of speech, movement, life, liberty, and protection against arbitrary arrest |
Right against Exploitation | 23–24 | Ban on forced labour, human trafficking, and child labour |
Right to Freedom of Religion | 25–28 | Religious freedom and management of religious institutions |
Cultural and Educational Rights | 29–30 | Protection of minority culture, language, and right to establish institutions |
Right to Constitutional Remedies | 32 | Enforcement of Fundamental Rights through courts |
Article 12 – Meaning of the “State”
What It Says:
Article 12 defines the term ‘State’ for the purpose of Fundamental Rights. It says —
“The State includes the Government and Parliament of India, the Government and Legislature of each of the States, and all local or other authorities within the territory of India or under the control of the Government of India.”
Why This Article?
Before you can claim your Fundamental Rights, you must know against whom you can claim them.
For example:
If your freedom of speech is violated — who’s responsible?
Your neighbour? No.
The State, i.e., any authority that exercises power derived from the Constitution or law.
Who Comes Under “State”?
According to Article 12, the following are included:
- Central Government – Ministries, Departments, and Parliament.
- State Governments – Legislature, Executive, etc.
- Local Authorities – Municipalities, Panchayats, Zilla Parishads.
- Other Authorities – Public corporations, statutory bodies, and even bodies under government control.
But who are “other authorities”? The judiciary has clarified this through several cases 👇
Important Supreme Court Judgments:
1.Rajasthan Electricity Board v. Mohan Lal (1967)
- The Court held that ‘other authorities’ include all authorities created by the Constitution or by law.
- Hence, statutory corporations like LIC, ONGC, etc., are part of the “State”.
2. Sukhdev Singh v. Bhagatram (1975)
- Oil and Natural Gas Commission (ONGC), LIC, and Industrial Finance Corporation were declared as ‘State’.
3. Ajay Hasia v. Khalid Mujib (1981)
- Test laid down to identify a “State”:
- Financial aid and control by government
- Functional character — public importance
- Governmental control over policy and management
- If a body performs public duties, even if not created by statute, it can be considered “State”.
4. Zee Telefilms Ltd. v. Union of India (2005)
- BCCI was held not to be a “State” since it was not substantially controlled by the government.
Why It Matters:
Understanding Article 12 ensures you know against whom you can seek enforcement of your Fundamental Rights.
Private individuals are not directly bound by these rights — unless acting as a public authority.
Example for Better Understanding:
- If the Delhi Police violates your Right to Equality — you can file a case under Article 32 or 226.
- If your private employer discriminates against you — you cannot claim it as a violation of Fundamental Rights (but you can use labour laws).
Article 13 – Laws Inconsistent with Fundamental Rights
What It Says:
Article 13 ensures that no law can violate Fundamental Rights.
It declares:
Any law that is inconsistent with or in derogation of Fundamental Rights shall be void.
This article gives teeth to Fundamental Rights — making them enforceable and supreme over ordinary law.
Key Clauses:
1.Article 13(1):
- All pre-constitutional laws (laws existing before the Constitution) shall be void if they violate Fundamental Rights.
- Example: Colonial laws restricting press freedom became void after 1950.
2. Article 13(2):
- The State shall not make any law that takes away or abridges Fundamental Rights.
3. Article 13(3):
- Defines “law” — includes ordinances, rules, regulations, bye-laws, customs, or usages having legal force.
4. Article 13(4):
- Added by the 24th Amendment Act (1971) — says Constitutional amendments made under Article 368 are not “law” under Article 13.
- (But the Supreme Court later limited this in the Kesavananda Bharati Case, 1973.)
Major Judgments:
1.Kesavananda Bharati v. State of Kerala (1973)
- The Court ruled that Parliament can amend Fundamental Rights but cannot alter the “basic structure” of the Constitution.
2. I.R. Coelho v. State of Tamil Nadu (2007)
- Even laws placed in the Ninth Schedule after 1973 can be reviewed if they violate the basic structure.
3. Golaknath v. State of Punjab (1967)
- Supreme Court earlier held that Parliament cannot amend Fundamental Rights — later overruled by Kesavananda Bharati.
Significance:
Article 13 establishes the Doctrine of Judicial Review, empowering the judiciary to strike down unconstitutional laws.
Article 14 – Equality Before Law & Equal Protection of Laws
What It Says:
“The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.”
This Article is the cornerstone of the Right to Equality — ensuring that every individual, citizen or foreigner, stands equal before the law.
Two Key Concepts:
1.Equality Before Law – (British Concept)
- No person is above the law — whether President, Prime Minister, or common citizen.
- Everyone is equally subject to the law of the land.
2. Equal Protection of Laws – (American Concept)
- Laws should apply equally to all who are similarly situated.
- The State can make reasonable classification, but not arbitrary discrimination.
What’s Allowed & What’s Not:
Allowed – Classification based on:
- Intelligible differentia (clear distinction between groups)
- Rational nexus (relation between classification & purpose of the law)
Important Judgments:
1.State of West Bengal v. Anwar Ali Sarkar (1952)
- Any classification must be based on reasonable grounds — not arbitrary.
2. E.P. Royappa v. State of Tamil Nadu (1974)
- Equality is a dynamic concept; arbitrariness itself violates Article 14.
3. Maneka Gandhi v. Union of India (1978)
- Expanded the meaning of “equality” — any “procedure” that is unfair or unreasonable violates Article 14.
4. Indra Sawhney v. Union of India (1992) – Mandal Commission Case
- Upheld 27% OBC reservation, introduced the creamy layer concept.
Simple Example:
If two people commit the same crime, one being rich and one poor — both must be punished alike.
If the government reserves seats for economically weaker sections — it’s valid only if the classification is reasonable.
Article 15 – Prohibition of Discrimination
What It Says:
The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, or place of birth.
It ensures that every citizen enjoys equal access to public spaces and opportunities.
Key Clauses:
- Article 15(1):
Prohibits discrimination by the State on mentioned grounds. - Article 15(2):
Prohibits discrimination by private individuals — especially in access to shops, restaurants, wells, tanks, or places of public resort. - Article 15(3):
Allows the State to make special provisions for women and children.
👉 Example: Maternity benefits, women’s safety laws. - Article 15(4):
(Added by 1st Amendment, 1951) – Permits special provisions for socially and educationally backward classes, SCs, and STs. - Article 15(5):
(Added by 93rd Amendment, 2005) – Allows reservation in educational institutions, including private unaided ones (except minority institutions). - Article 15(6):
(Added by 103rd Amendment, 2019) – Enables 10% EWS reservation in education and government jobs.
Important Judgments:
1.State of Madras v. Champakam Dorairajan (1951)
- Reservation solely based on caste was struck down — led to 1st Amendment.
2. Indra Sawhney Case (1992)
- Capped reservations at 50% and excluded the creamy layer.
3. Janhit Abhiyan v. Union of India (2022)
- Upheld EWS reservation (103rd Amendment) as constitutionally valid.
Example:
You cannot be denied entry into a public park or restaurant based on your caste or religion.
But reservation for SC/ST/OBC/EWS in education or jobs is valid — it promotes substantive equality.
Article 16 – Equality of Opportunity in Public Employment
What It Says:
There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
This Article ensures fairness in government jobs and recruitment.
Key Clauses:
- Article 16(1): Equal opportunity in government employment.
- Article 16(2): Prohibits discrimination in employment on the same five grounds — religion, race, caste, sex, place of birth, or residence.
- Article 16(3): Parliament may prescribe residence-based requirements for certain posts (e.g., state-specific jobs).
- Article 16(4): Permits reservation for backward classes if they’re underrepresented in government services.
- Article 16(4A): (77th Amendment, 1995) – Allows reservation in promotions for SCs/STs.
- Article 16(4B): (81st Amendment, 2000) – Allows carry forward of unfilled reserved vacancies.
- Article 16(6): (103rd Amendment, 2019) – Allows 10% reservation for EWS in government jobs.
Important Judgments:
1.Indra Sawhney v. Union of India (1992)
- Reservation can’t exceed 50%.
- No reservation in promotions (this was later changed by the 77th Amendment).
2. M. Nagaraj v. Union of India (2006)
- Upheld reservation in promotions but required quantifiable data of backwardness.
3. Jarnail Singh v. Lachhmi Narain Gupta (2018)
- Clarified Nagaraj: SC/STs need not prove backwardness again for promotion.
Example:
Two candidates apply for a government post — both should get a fair chance.
But if one belongs to a disadvantaged community, the State can reserve seats to ensure equal opportunity in outcome.
Article 17 – Abolition of Untouchability
What It Says:
“Untouchability is abolished and its practice in any form is forbidden.”
This Article gives legal recognition to social equality — striking at the very root of caste-based discrimination.
Key Points:
- “Untouchability” refers to social disabilities imposed on certain castes.
- Practice of untouchability in any form is punishable.
- Parliament enacted the Protection of Civil Rights Act, 1955 and SC/ST (Prevention of Atrocities) Act, 1989 for its enforcement.
Example:
Denying someone entry into a temple, refusing to serve food, or segregating utensils based on caste — all are criminal offences under Article 17.
Article 18 – Abolition of Titles
What It Says:
The State shall not confer any title (except military or academic distinctions).
Purpose:
To ensure equality of status and prevent the creation of artificial hierarchies.
Key Clauses:
1.Article 18(1): Prohibits the State from conferring titles like “Sir,” “Rai Bahadur,” etc.
2.Article 18(2): Indian citizens cannot accept titles from foreign States.
3.Article 18(3): Foreigners holding office in India cannot accept foreign titles without government consent.
4.Article 18(4): Foreigners working under the Government of India cannot accept foreign titles without consent.
Case Law:
Balaji Raghavan v. Union of India (1996):
National awards like Bharat Ratna, Padma Vibhushan, etc., do not violate Article 18 — as they are not “titles” but recognition of merit.
Example:
You may call Dr. A.P.J. Abdul Kalam “Dr.” (academic title)
But not “Sir Kalam” — as that’s feudal and against equality.
Essence of Articles 14–18:
Together, they create a framework of social, political, and legal equality — ensuring India moves towards a casteless, classless society.
Right to Freedom (Articles 19–22)
This cluster of Articles (19 to 22) lies at the core of Indian democracy — protecting our liberty, expression, movement, and even our life. It’s not just law — it’s the spirit of “Swarajya” (self-rule) that our freedom fighters dreamed of.
Article 19 – Protection of Certain Rights Regarding Freedom of Speech, etc.
What It Says:
Article 19 guarantees six fundamental freedoms to all citizens of India (not foreigners).
These rights ensure that individuals can express, move, work, and form associations freely — provided they respect reasonable restrictions.
The Six Freedoms:
1.Freedom of Speech and Expression (Art. 19(1)(a))
- Includes the right to express ideas by words, writing, printing, pictures, gestures, etc.
- Extends to freedom of the press, right to silence, and right to information.
2. Restrictions (Art. 19(2)) — Reasonable limits in the interest of:
- Sovereignty & integrity of India
- Security of the State
- Friendly relations with foreign States
- Public order, decency, or morality
- Contempt of court
- Defamation
- Incitement to an offence
3. Landmark Cases:
- Romesh Thappar v. State of Madras (1950): Freedom of press is essential for democracy.
- Shreya Singhal v. Union of India (2015): Section 66A of IT Act struck down — upheld free speech online.
4. Freedom to Assemble Peaceably and Without Arms (Art. 19(1)(b))
- Includes right to hold meetings, processions, dharnas, etc.
- But reasonable restrictions can be imposed in the interest of public order, sovereignty, or integrity.
5. Example:
- Peaceful protest against a policy is protected; violent mob gatherings aren’t.
6. Freedom to Form Associations, Unions, or Cooperative Societies (Art. 19(1)(c))
- Citizens can form political parties, trade unions, clubs, NGOs, etc.
- Restrictions for public order, morality, or sovereignty.
7. Case:
- T.K. Rangarajan v. Govt. of Tamil Nadu (2003): Govt. employees have no fundamental right to strike.
8. Freedom to Move Freely Throughout India (Art. 19(1)(d))
- Promotes national integration and mobility.
- Can be restricted in areas under special conditions (e.g., tribal regions or curfew zones).
9. Freedom to Reside and Settle in Any Part of India (Art. 19(1)(e))
- Citizens can live anywhere in India.
- Restrictions in scheduled or protected areas (for tribal welfare).
10. Freedom to Practice Any Profession or Carry on Any Occupation, Trade, or Business (Art. 19(1)(g))
- Ensures the right to livelihood and economic liberty.
- State can regulate professions for public health, safety, or morality.
11. Example:
- Ban on selling liquor or arms is valid as it’s in public interest.
- State of Gujarat v. Mirzapur Moti Kureshi (2005): Ban on cow slaughter upheld on grounds of public interest.
In Simple Terms:
Article 19 allows you to speak, work, travel, and live freely, but always with a sense of responsibility toward the nation and others’ rights.
Article 20 – Protection in Respect of Conviction for Offences
What It Says:
Protects citizens (and even non-citizens) from arbitrary or excessive punishment.
Three Safeguards:
1.No Ex-Post-Facto Law (Art. 20(1))
- No person can be punished for an act that was not an offence when committed.
- Example: If a new law makes wearing red shirts illegal tomorrow, you can’t be punished for wearing one today.
2. No Double Jeopardy (Art. 20(2))
- No one shall be prosecuted and punished for the same offence more than once.
- Case: Maqbool Hussain v. State of Bombay (1953) – Once acquitted by customs, cannot be tried again for the same act.
3. No Self-Incrimination (Art. 20(3))
- No person accused of an offence shall be compelled to be a witness against himself.
- Case: Nandini Sathpathy v. P.L. Dani (1978) – Even during police questioning, you have a right to remain silent.
In Essence:
Article 20 ensures that justice doesn’t turn into oppression — it protects individuals from the misuse of criminal law.
Article 21 – Protection of Life and Personal Liberty
What It Says:
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
This single sentence is the most interpreted and expanded Article by the Supreme Court — it gives life to almost every human right imaginable.
Key Aspects & Expansion Through Judicial Interpretation:
1.Right to Live with Dignity:
- Life is not mere animal existence — includes right to live with human dignity. (Maneka Gandhi v. Union of India, 1978)
2. Right to Privacy:
- Declared a Fundamental Right. (K.S. Puttaswamy v. Union of India, 2017)
3. Right to a Clean Environment:
- Pollution-free air and water form part of the right to life. (Subhash Kumar v. State of Bihar, 1991)
4. Right to Livelihood:
- No one can be deprived of livelihood without a fair procedure. (Olga Tellis v. Bombay Municipal Corporation, 1985)
5. Right to Health:
- Includes access to medical care and public health. (Paschim Banga Khet Mazdoor Samity v. State of West Bengal, 1996)
6. Right to Die with Dignity:
- Passive euthanasia permitted under strict conditions. (Common Cause v. Union of India, 2018)
7. Right to Education:
- Later made explicit through Article 21A (86th Amendment, 2002).
Simple Thought:
Article 21 turns India from a “rule by law” country into a country ruled by justice and humanity.
Article 22 – Protection of Rights in Certain Cases (Preventive & Punitive Detention)
What It Says:
Provides safeguards to persons arrested or detained — ensuring that the State’s power to detain doesn’t become tyrannical.
Two Parts:
Rights of a Person Arrested under Ordinary Law:
- Right to be informed of the grounds of arrest.
- Right to consult and be defended by a lawyer of choice.
- Right to be produced before a magistrate within 24 hours.
- No detention beyond 24 hours without judicial approval.
(This applies to all citizens and foreigners alike.
Preventive Detention:
Means detaining a person to prevent him from committing an offence or endangering public order.
- Can be ordered even before a crime is committed.
- Parliament & State Legislatures can make preventive detention laws.
- Duration: Up to 3 months, extendable up to 12 months by an Advisory Board of judges.
Existing Laws: National Security Act (NSA), COFEPOSA, PITNDPS, etc
Judicial View:
- A.K. Gopalan v. State of Madras (1950): Upheld preventive detention.
- Maneka Gandhi (1978): Introduced the idea of “just, fair, and reasonable” procedure even in detention.
In Simple Words:
Article 22 balances freedom and security — ensuring that while liberty is sacred, the State can still act when national security or public order is threatened.
Summary of Articles 19–22
Article | Subject | Key Idea |
19 | 6 Freedoms | Speech, Assembly, Association, Movement, Residence, Profession |
20 | Protection in Conviction | No ex-post-facto law, double jeopardy, self-incrimination |
21 | Life & Personal Liberty | Expansive right to life and dignity |
22 | Preventive Detention | Rights during arrest + rules for preventive detention |
Right Against Exploitation (Articles 23 & 24)
These Articles represent India’s moral soul — ensuring that no one is treated as a slave, forced into labour, or exploited because of poverty or social conditions.
They reflect the Gandhian vision of human dignity and the Constitution’s promise of equality in its purest form.
Article 23 – Prohibition of Traffic in Human Beings and Forced Labour
Essence:
“Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.”
This means no one can be forced to work without payment or treated as an object for trade.
It ensures that every person’s labour and dignity are respected.
Key Terms Explained:
1.Traffic in Human Beings:
- Buying, selling, or transporting human beings for exploitation (especially for prostitution, slavery, or bonded labour).
- Made punishable under Immoral Traffic (Prevention) Act, 1956.
2. Begar:
- A system where a person is forced to work without wages.
- Common during colonial times when landlords or officials exploited peasants and lower-caste people.
3. Forced Labour (Bonded Labour):
- Work done under threat, coercion, debt, or social pressure.
- Even if someone agrees to work due to poverty or fear, it still counts as forced labour if it violates their free will.
Judicial Interpretation:
- People’s Union for Democratic Rights v. Union of India (1982) – The Asiad Workers Case:
Supreme Court ruled that not paying minimum wages amounts to forced labour under Article 23. - Bandhua Mukti Morcha v. Union of India (1984):
Bonded labour is a blatant violation of Article 23, and the State is duty-bound to identify and rehabilitate victims.
Laws Supporting Article 23:
- Bonded Labour System (Abolition) Act, 1976
- Minimum Wages Act, 1948
- Equal Remuneration Act, 1976
- Immoral Traffic (Prevention) Act, 1956
In Simple Terms:
Article 23 ensures that no Indian is reduced to a tool for someone else’s gain.
It protects both citizens and non-citizens, recognizing that dignity of labour is above all else.
Article 24 – Prohibition of Employment of Children in Factories, etc.
Essence:
“No child below the age of 14 years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”
This Article protects children’s right to a safe and healthy childhood — away from the exploitative world of labour.
Key Points:
- Applies to both citizens and foreigners.
- Protects children under 14 years from being employed in hazardous industries.
- Part of the wider framework for child rights and education in India.
Major Legislations Supporting Article 24:
1.Child Labour (Prohibition and Regulation) Act, 1986 –
- Prohibits employment of children in certain occupations and regulates their working conditions in others.
2. Child Labour (Prohibition and Regulation) Amendment Act, 2016 –
- Completely prohibits child labour below 14 years in all occupations.
- Allows children to help in family enterprises only after school hours.
- Introduced the term “adolescent” (14–18 years) — cannot work in hazardous occupations.
3. Right to Education Act, 2009 (Article 21A) –
- Makes education a fundamental right for children aged 6 to 14 years.
- Complements Article 24 by providing a positive alternative — education instead of exploitation.
Judicial Support:
- M.C. Mehta v. State of Tamil Nadu (1996):
SC directed the government to identify, withdraw, and rehabilitate child workers, ensuring their education.
In Simple Terms:
Article 24 says: “No child’s hands should hold tools when they should be holding pencils.”
It protects children’s future, ensuring they grow in freedom, not in factories.
Together, Articles 23 & 24 Uphold:
Aspect | Article 23 | Article 24 |
Focus | Human dignity & freedom from exploitation | Protection of children from hazardous labour |
Beneficiaries | Citizens & non-citizens | Citizens & non-citizens |
Type of Right | Negative (prohibits exploitation) | Negative (prohibits child labour) |
Supported by | Bonded Labour Act, Minimum Wages Act | Child Labour Act, RTE Act |
Enforcement | Directly enforceable by courts | Directly enforceable by courts |
Right to Freedom of Religion (Articles 25–28)
India is a secular state — it means the State respects all religions equally and does not favor or discriminate against any. The Constitution guarantees every individual the freedom to follow, practice, and propagate any religion of their choice.
Article 25 – Freedom of Conscience and Free Profession, Practice, and Propagation of Religion
Core Idea:
Every person has the freedom to:
- Follow any religion,
- Practice it freely, and
- Propagate it (spread its message)
But this freedom is not absolute.
It is subject to:
- Public order,
- Morality, and
- Health,
- and other fundamental rights.
Example:
- The Right to practice religion doesn’t allow human sacrifice or animal cruelty.
- In Bijoe Emmanuel vs State of Kerala (1986), students belonging to Jehovah’s Witnesses refused to sing the national anthem on religious grounds. The Supreme Court upheld their right, saying “freedom of conscience” is protected under Article 25.
Article 26 – Freedom to Manage Religious Affairs
They can:
- Establish and maintain institutions for religious and charitable purposes.
- Manage their own affairs in matters of religion.
- Own and acquire property.
- Administer such property in accordance with law.
Example:
- Temples, churches, mosques, and gurudwaras can manage their internal religious affairs.
- However, the government can regulate secular (non-religious) activities like temple funds or public order around places of worship.
Shirur Mutt Case (1954) – Supreme Court said the State cannot interfere in purely religious matters, but can regulate secular ones.
Article 27 – Freedom from Taxation for Promotion of a Religion
What it means:
No person shall be compelled to pay any tax that is specifically used for the promotion or maintenance of any religion or religious institution.
Example:
- The State cannot impose a tax to fund construction of a temple or mosque.
- But general taxes that might indirectly benefit religious places (like municipal maintenance) are allowed.
Example in practice:
Funds for heritage conservation of religious monuments (like temples or churches) under the Archaeological Survey of India are not considered violation of Article 27 because they serve cultural, not religious, purposes.
Article 28 – Freedom as to Attendance at Religious Instruction or Worship in Certain Educational Institutions
This Article protects students from being forced into religious teaching or practices.
It distinguishes between three types of institutions:
Type of Institution | Religious Instruction Allowed? |
Wholly maintained by the State | Not allowed |
Administered by the State but established under an endowment or trust | Allowed (if trust permits) |
Recognized or aided by the State | Allowed only with voluntary participation and consent |
Example:
In a government school, no student can be forced to attend religious prayers.
But in a privately run Christian missionary school receiving aid, religious instruction can be given only if the student consents.
In Essence – Balance between Faith and Law
Articles 25–28 protect individual religious freedom while maintaining secular governance.
They ensure:
- Freedom of conscience,
- Equality among religions, and
- No mixing of State and religious affairs.
Articles 29–30: Cultural and Educational Rights
These rights aim to protect the cultural identity of minorities — linguistic, religious, or cultural — ensuring India remains a land of diversity and inclusivity.
Article 29 – Protection of Interests of Minorities
These rights aim to protect the cultural identity of minorities — linguistic, religious, or cultural — ensuring India remains a land of diversity and inclusivity.
Core Idea:
Article 29 protects the right of any section of citizens having a distinct language, script, or culture to preserve it.
Key Points:
- It applies not only to minorities but to any section of citizens in India.
- It allows citizens to maintain and promote their cultural identity.
- It prevents discrimination in educational institutions based on religion, race, caste, or language.
Example:
- If a group in Tamil Nadu wants to preserve their traditional language scripts or literature, Article 29 protects their right to do so.
- The State cannot deny admission to someone in an educational institution only because of their language or religion.
Case: State of Madras vs Champakam Dorairajan (1951)
- This was the first case in which the Supreme Court struck down a state law — saying that communal reservation in educational institutions violated Article 29(2).
- It eventually led to the First Constitutional Amendment (1951) introducing Article 15(4), allowing special provisions for socially and educationally backward classes.
Article 30 – Right of Minorities to Establish and Administer Educational Institutions
Core Idea:
All minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
Key Points:
- This article gives minorities the freedom to set up schools, colleges, or universities to protect their culture and language.
- The government cannot discriminate in granting aid to minority institutions.
- Minority institutions can decide their own management, syllabus, and staff — subject to reasonable regulations.
Example:
- A Christian minority can establish and manage a missionary school.
- A Telugu-speaking group in Karnataka can start a Telugu-medium school.
Case: State of Madras vs Champakam Dorairajan (1951)
The Supreme Court held that minorities have the right to establish and administer educational institutions, but it is not absolute — it must follow reasonable rules for academic excellence and transparency.
Articles 31–32: Right to Property and Constitutional Remedies
Article 31 – Right to Property (Repealed)
Originally, the Constitution included the Right to Property as a Fundamental Right under Article 31.
However, this right was deleted by the 44th Amendment Act, 1978, and is now a legal right under Article 300A in the Directive Principles/Legal Rights chapter.
Earlier:
Article 31 protected individuals from being deprived of property without compensation.
Now:
The State can still acquire private property, but it must follow due process and pay fair compensation — as per Article 300A.
Case: K.T. Plantation vs State of Karnataka (2011)
The Supreme Court held that the right to property is no longer a fundamental right, but it still remains a constitutional legal right that cannot be violated arbitrarily.
Article 32 – Right to Constitutional Remedies
Dr. B.R. Ambedkar called Article 32 the “heart and soul” of the Constitution.
Why? Because it gives citizens the power to approach the Supreme Court directly if any of their Fundamental Rights are violated.
Core Idea:
Every person has the right to move the Supreme Court for the enforcement of Fundamental Rights.
The Supreme Court can issue five types of writs:
Writ | Purpose |
Habeas Corpus | “Produce the body” — issued to release a person unlawfully detained. |
Mandamus | “We command” — directs a public official to perform their legal duty. |
Prohibition | Stops a lower court from exceeding its jurisdiction. |
Certiorari | Quashes the order of a lower court or tribunal acting without jurisdiction. |
Quo Warranto | Questions the legality of a person’s claim to hold a public office. |
Example:
If a journalist is unlawfully arrested for expressing dissent, they can file a writ of Habeas Corpus in the Supreme Court under Article 32.
Case: Maneka Gandhi vs Union of India (1978)
Expanded the scope of Article 21 (Right to Life) and reinforced that Article 32 can be used whenever Fundamental Rights are violated — even indirectly.
Case: L. Chandra Kumar vs Union of India (1997)
Declared that judicial review under Articles 32 and 226 is a basic feature of the Constitution — it cannot be taken away even by amendment.
Summary Table: Articles 29–32
Article | Provision | Essence |
29 | Protection of interests of minorities | Preserve language, script, culture |
30 | Right of minorities to establish institutions | Freedom to run own educational institutions |
31 | (Repealed) Right to property | Now legal right under Article 300A |
32 | Right to Constitutional Remedies | Citizens can directly approach SC |
Article 26 – Freedom to Manage Religious Affairs
They can:
- Establish and maintain institutions for religious and charitable purposes.
- Manage their own affairs in matters of religion.
- Own and acquire property.
- Administer such property in accordance with law.
Example:
- Temples, churches, mosques, and gurudwaras can manage their internal religious affairs.
- However, the government can regulate secular (non-religious) activities like temple funds or public order around places of worship.
Shirur Mutt Case (1954) – Supreme Court said the State cannot interfere in purely religious matters, but can regulate secular ones.
Article 27 – Freedom from Taxation for Promotion of a Religion
What it means:
No person shall be compelled to pay any tax that is specifically used for the promotion or maintenance of any religion or religious institution.
Example:
- The State cannot impose a tax to fund construction of a temple or mosque.
- But general taxes that might indirectly benefit religious places (like municipal maintenance) are allowed.
Example in practice:
Funds for heritage conservation of religious monuments (like temples or churches) under the Archaeological Survey of India are not considered violation of Article 27 because they serve cultural, not religious, purposes.
Article 28 – Freedom as to Attendance at Religious Instruction or Worship in Certain Educational Institutions
This Article protects students from being forced into religious teaching or practices.
It distinguishes between three types of institutions:
Type of Institution | Religious Instruction Allowed? |
Wholly maintained by the State | Not allowed |
Administered by the State but established under an endowment or trust | Allowed (if trust permits) |
Recognized or aided by the State | Allowed only with voluntary participation and consent |
Example:
In a government school, no student can be forced to attend religious prayers.
But in a privately run Christian missionary school receiving aid, religious instruction can be given only if the student consents.
In Essence – Balance between Faith and Law
Articles 25–28 protect individual religious freedom while maintaining secular governance.
They ensure:
- Freedom of conscience,
- Equality among religions, and
- No mixing of State and religious affairs.
Articles 29–30: Cultural and Educational Rights
These rights aim to protect the cultural identity of minorities — linguistic, religious, or cultural — ensuring India remains a land of diversity and inclusivity.
Article 29 – Protection of Interests of Minorities
These rights aim to protect the cultural identity of minorities — linguistic, religious, or cultural — ensuring India remains a land of diversity and inclusivity.
Core Idea:
Article 29 protects the right of any section of citizens having a distinct language, script, or culture to preserve it.
Key Points:
- It applies not only to minorities but to any section of citizens in India.
- It allows citizens to maintain and promote their cultural identity.
- It prevents discrimination in educational institutions based on religion, race, caste, or language.
Example:
- If a group in Tamil Nadu wants to preserve their traditional language scripts or literature, Article 29 protects their right to do so.
- The State cannot deny admission to someone in an educational institution only because of their language or religion.
Case: State of Madras vs Champakam Dorairajan (1951)
- This was the first case in which the Supreme Court struck down a state law — saying that communal reservation in educational institutions violated Article 29(2).
- It eventually led to the First Constitutional Amendment (1951) introducing Article 15(4), allowing special provisions for socially and educationally backward classes.
Article 30 – Right of Minorities to Establish and Administer Educational Institutions
Core Idea:
All minorities, whether based on religion or language, have the right to establish and administer educational institutions of their choice.
Key Points:
- This article gives minorities the freedom to set up schools, colleges, or universities to protect their culture and language.
- The government cannot discriminate in granting aid to minority institutions.
- Minority institutions can decide their own management, syllabus, and staff — subject to reasonable regulations.
Example:
- A Christian minority can establish and manage a missionary school.
- A Telugu-speaking group in Karnataka can start a Telugu-medium school.
Case: State of Madras vs Champakam Dorairajan (1951)
The Supreme Court held that minorities have the right to establish and administer educational institutions, but it is not absolute — it must follow reasonable rules for academic excellence and transparency.
Articles 31–32: Right to Property and Constitutional Remedies
Article 31 – Right to Property (Repealed)
Originally, the Constitution included the Right to Property as a Fundamental Right under Article 31.
However, this right was deleted by the 44th Amendment Act, 1978, and is now a legal right under Article 300A in the Directive Principles/Legal Rights chapter.
Earlier:
Article 31 protected individuals from being deprived of property without compensation.
Now:
The State can still acquire private property, but it must follow due process and pay fair compensation — as per Article 300A.
Case: K.T. Plantation vs State of Karnataka (2011)
The Supreme Court held that the right to property is no longer a fundamental right, but it still remains a constitutional legal right that cannot be violated arbitrarily.
Article 32 – Right to Constitutional Remedies
Dr. B.R. Ambedkar called Article 32 the “heart and soul” of the Constitution.
Why? Because it gives citizens the power to approach the Supreme Court directly if any of their Fundamental Rights are violated.
Core Idea:
Every person has the right to move the Supreme Court for the enforcement of Fundamental Rights.
The Supreme Court can issue five types of writs:
Writ | Purpose |
Habeas Corpus | “Produce the body” — issued to release a person unlawfully detained. |
Mandamus | “We command” — directs a public official to perform their legal duty. |
Prohibition | Stops a lower court from exceeding its jurisdiction. |
Certiorari | Quashes the order of a lower court or tribunal acting without jurisdiction. |
Quo Warranto | Questions the legality of a person’s claim to hold a public office. |
Example:
If a journalist is unlawfully arrested for expressing dissent, they can file a writ of Habeas Corpus in the Supreme Court under Article 32.
Case: Maneka Gandhi vs Union of India (1978)
Expanded the scope of Article 21 (Right to Life) and reinforced that Article 32 can be used whenever Fundamental Rights are violated — even indirectly.
Case: L. Chandra Kumar vs Union of India (1997)
Declared that judicial review under Articles 32 and 226 is a basic feature of the Constitution — it cannot be taken away even by amendment.
Summary Table: Articles 29–32
Article | Provision | Essence |
29 | Protection of interests of minorities | Preserve language, script, culture |
30 | Right of minorities to establish institutions | Freedom to run own educational institutions |
31 | (Repealed) Right to property | Now legal right under Article 300A |
32 | Right to Constitutional Remedies | Citizens can directly approach SC |
Prelims Practice Questions on Fundamental Rights
Q1. Which of the following would be included under the definition of "State" under Article 12 of the Indian Constitution?
Answer: A (1, 2 and 3 only)
Private companies, even if aided by the government, are not automatically treated as ‘State’ unless they perform sovereign/public functions.
Q2. Article 13 of the Constitution declares that:
Answer: B
Q3. The principle of "Rule of Law" is embodied in which Article?
Answer: C
Q4. Article 17 abolishes "Untouchability". Which of the following Acts were enacted to give effect to this provision?
Answer: B (1 and 2 only)
Q5. Which of the following freedoms are guaranteed under Article 19(1)?
Answer: D (1, 2, 3 and 4)
Q6. Preventive detention under Article 22 allows detention for how many months without obtaining the opinion of an Advisory Board?
Answer: A
Q7. The prohibition of child labour under Article 24 applies to which age group?
Answer: A
Q8. Which of the following rights are guaranteed to every person and not just citizens?
Answer: C
Q9. Which Article protects the right of minorities to establish and administer educational institutions of their choice?
Answer: C
Q10. Which of the following writs is issued to command a public authority to perform its duty?
Answer: B
Mains Practice Questions (GS Paper 2 – Polity)
10 Marker Questions – GS Paper 2 (Polity)
Discuss the significance of Fundamental Rights as the "Magna Carta of India". How do they ensure the Rule of Law and individual liberty?
Explain how the Supreme Court has interpreted Article 21 to expand the meaning of “Right to Life and Personal Liberty.” Cite key judgments.
"Equality before law and equal protection of the laws are not identical." Explain this statement with reference to Article 14.
What is the doctrine of reasonable restrictions under Article 19? Discuss with examples.
Discuss the constitutional provisions and judicial interpretation regarding the Right to Freedom of Religion (Articles 25–28).
How do Articles 29 and 30 safeguard the cultural and educational rights of minorities in India?
Explain the significance of Article 32 in protecting the Fundamental Rights of citizens. Why did Dr. B.R. Ambedkar call it the “Heart and Soul of the Constitution”?
15 Marker Questions – GS Paper 2 (Polity)
Evaluate the scope and limitations of Fundamental Rights in India. Do you think the restrictions imposed are justified in a democracy?
Trace the evolution of Fundamental Rights through landmark judicial decisions such as Kesavananda Bharati, Maneka Gandhi, and I.R. Coelho.
Discuss the relationship between Fundamental Rights and Directive Principles of State Policy. How have the courts reconciled the conflict between the two?
Critically analyse the rationale behind the removal of the Right to Property from Fundamental Rights. What has been its impact?
“Fundamental Rights are not absolute but are the cornerstone of Indian democracy.” Examine this statement in the light of constitutional provisions and judicial interpretation.
Fundamental Rights in Indian Polity – UPSC FAQ Guide
What are the Fundamental Rights in the Indian Constitution?
Fundamental Rights are basic freedoms guaranteed under Articles 12–35 of the Indian Constitution, ensuring equality, liberty, and justice for all citizens.
How many Fundamental Rights are there in the Indian Constitution?
There are six Fundamental Rights: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural & Educational Rights, and Right to Constitutional Remedies.
Which Article is called the Heart and Soul of the Constitution?
Article 32, which provides the Right to Constitutional Remedies, was called the “Heart and Soul” of the Constitution by Dr. B.R. Ambedkar.
What is the difference between Fundamental Rights and Directive Principles?
Fundamental Rights are justiciable (enforceable in courts), while Directive Principles of State Policy (DPSPs) are non-justiciable, serving as guiding principles for governance.
Which landmark cases expanded the scope of Fundamental Rights?
Important cases include Kesavananda Bharati (1973), Maneka Gandhi (1978), Indra Sawhney (1992), and K.S. Puttaswamy (2017) on Right to Privacy.
