Fundamental Rights of Indian Constitution – Articles 12 to 35 Explained Clearly

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✨ Fundamental Rights: Nature & Significance

🔹 Enshrined in Part III (Articles 12-35) of the Constitution.
🔹 Called the Magna Carta of India (inspired by England’s 1215 Magna Carta).
🔹 Guarantees civil liberties and ensures democratic governance.

🔸 List of Fundamental Rights

1. ✅ Right to Equality (Art. 14-18)

2. 🔟 Right to Freedom (Art. 19-22)

3. ❌ Right against Exploitation (Art. 23-24)

4. ⛪ Right to Freedom of Religion (Art. 25-28)

5. 🎓 Cultural & Educational Rights (Art. 29-30)

6. ⚖️ Right to Constitutional Remedies (Art. 32)

Note: Right to Property (Art. 31) was removed in 1978 (44th Amendment); now a legal right under Art. 300A.

🏛️ Judicial Protection & Enforcement

🔹 Art. 13: Laws violating FRs are void.
🔹 Art. 32 (Supreme Court) & Art. 226 (High Court): Can issue Writs:
→ Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo-Warranto

🔹 Kesavananda Bharati Case (1973):
→ Constitutional Amendments can’t violate Basic Structure incl. Fundamental Rights.

📄 Key Features of Fundamental Rights

🔹 Guaranteed by the Constitution
🔹 Some rights for citizens only, others for all persons (incl. foreigners, companies)
🔹 Not Absolute: Subject to reasonable restrictions
🔹 Justiciable: Can be enforced by courts
🔹 Can be suspended during National Emergency (except Art. 20 & 21)
🔹 Application to armed forces can be restricted (Art. 33)
🔹 Can be restricted under Martial Law

🔴 Right to Equality (Art. 14-18)

✅ Art. 14: Equality before law & equal protection of laws
→ Applicable to all persons (citizens & foreigners)
→ Exceptions: President, Governor (Art. 361), MPs (Art. 105), diplomats

✅ Art. 15: No discrimination on grounds of religion, race, caste, sex or birthplace
→ Permissible Discrimination: For women, children, and backward classes

✅ Art. 16: Equality in public employment
→ Reservations allowed for backward classes, minorities

✅ Art. 17: Abolition of Untouchability (Punishable by law)

✅ Art. 18: Abolition of Titles
→ No titles except military/academic

🔵 Right to Freedom (Art. 19-22)

⭐ Article 19 – Six Freedoms (Citizens Only):

🔹 ✉ Freedom of speech & expression
🔹 ✉ Freedom to assemble peacefully (no arms)
🔹 ✉ Freedom to form associations or unions
🔹 ✉ Freedom to move freely in India
🔹 ✉ Freedom to reside & settle anywhere
🔹 ✉ Freedom to practise any profession/trade/business

❌ Restrictions for morality, security, sovereignty, public order

🔹 Article 20 – Protection in Conviction:

🔹 No ex post facto laws
🔹 No double jeopardy
🔹 No self-incrimination

🔹 Article 21 – Right to Life & Personal Liberty:

🔹 Not just animal existence → includes right to live with dignity

🔹 Article 21A – Right to Education (6–14 yrs)

→ Added by 86th Amendment (2002)

🔹 Article 22 – Protection against arrest/detention:

🔹 Right to know reason for arrest
🔹 Right to lawyer & to be presented before

a magistrate
🔹 Preventive detention: allowed but with safeguards

❌ Right against Exploitation (Art. 23-24)

🔹 Art. 23: Prohibits human trafficking, forced labour
🔹 Art. 24: Prohibits child labour in hazardous industries (below 14 years)

🔴 Right to Freedom of Religion (Art. 25–28)

✅ Art. 25: Freedom of conscience and free profession, practice, and propagation of religion → Available to all persons → Subject to public order, morality, health

✅ Art. 26: Freedom to manage religious affairs → Religious groups can establish institutions, manage property, and handle religious matters

✅ Art. 27: No compulsion to pay taxes for promoting or maintaining any particular religion

✅ Art. 28: No religious instruction in fully State-funded institutions → Allowed in aided/recognized schools only with consent

🎓 Cultural & Educational Rights (Art. 29-30)

🔹 Art. 29: Right to conserve language, script, culture
🔹 Art. 30: Minorities can establish/administer their own institutions

⚖️ Right to Constitutional Remedies (Art. 32)

🔹 Called the heart & soul of Constitution (by Dr. Ambedkar)
🔹 Right to move SC directly for enforcement of FRs