Fundamental Rights in the Indian Constitution

Overview

Part III of the Indian Constitution (Articles 12–35) guarantees six Fundamental Rights to citizens. These rights are justiciable, meaning a citizen can move the Supreme Court or High Courts directly if a right is violated.

The Six Fundamental Rights

1. Right to Equality (Articles 14–18) — equality before law, prohibition of discrimination, equality of opportunity, abolition of untouchability and titles.
2. Right to Freedom (Articles 19–22) — six freedoms under Article 19, protection in respect of conviction, protection of life and personal liberty, protection against arrest and detention.
3. Right against Exploitation (Articles 23–24) — prohibition of trafficking and forced labour, prohibition of child labour in hazardous industries.
4. Right to Freedom of Religion (Articles 25–28) — freedom of conscience, freedom to manage religious affairs, freedom from religious instruction in state-funded institutions.
5. Cultural and Educational Rights (Articles 29–30) — protection of minority interests, right of minorities to establish educational institutions.
6. Right to Constitutional Remedies (Article 32) — the right to move the Supreme Court for enforcement of Fundamental Rights; called the “heart and soul” of the Constitution by Dr. B.R. Ambedkar.

Note: The Right to Property (Article 31) was removed from Part III by the 44th Amendment (1978) and made a legal right under Article 300-A.

Key Case Law

• Kesavananda Bharati v. State of Kerala (1973) — established the Basic Structure doctrine.
• Maneka Gandhi v. Union of India (1978) — expanded the scope of Article 21 to include “right to live with dignity.”
• Puttaswamy v. Union of India (2017) — recognised the Right to Privacy as intrinsic to Article 21.

Quick Revision Table

Right	Articles	Available To
Equality	14–18	Citizens & Foreigners (mostly)
Freedom	19–22	Citizens (Art. 19 only)
Against Exploitation	23–24	Citizens & Foreigners
Freedom of Religion	25–28	Citizens & Foreigners
Cultural & Educational	29–30	Citizens (minorities)
Constitutional Remedies	32	Citizens & Foreigners

Practice Focus

For Prelims, focus on exceptions and amendments (24th, 42nd, 44th, 86th). For Mains GS-II, be ready to discuss the tension between Fundamental Rights and Directive Principles of State Policy.