Fundamental Rights (Articles 12–35)

The six Fundamental Rights, the writs that enforce them, and how courts have interpreted their scope over time.

πŸ“š This topic overlaps across exams β€” read our in-depth, shared write-up: Fundamental Rights β†’

πŸ“– The six Fundamental Rights

Part III of the Constitution (Articles 12-35) guarantees six Fundamental Rights (a seventh, the Right to Property, was downgraded to an ordinary legal right under Article 300A by the 44th Amendment, 1978):

  • Right to Equality (Art 14-18) β€” equality before law, prohibition of discrimination, abolition of untouchability and titles.
  • Right to Freedom (Art 19-22) β€” six freedoms under Art 19 (speech, assembly, association, movement, residence, profession), protection in respect of conviction (Art 20), protection of life and personal liberty (Art 21), and protection against arrest/detention (Art 22).
  • Right against Exploitation (Art 23-24) β€” prohibits human trafficking, forced labour, and child labour in hazardous jobs.
  • Right to Freedom of Religion (Art 25-28) β€” freedom of conscience and free profession, practice, and propagation of religion.
  • Cultural and Educational Rights (Art 29-30) β€” protects minorities' right to conserve their culture and establish/administer educational institutions.
  • Right to Constitutional Remedies (Art 32) β€” the right to directly approach the Supreme Court to enforce any Fundamental Right.

βš–οΈ Article 32 β€” the "heart and soul"

Dr. Ambedkar called Article 32 the "heart and soul" of the Constitution, because it is itself a Fundamental Right β€” the right to enforce your other rights. It empowers the Supreme Court to issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto. High Courts have a parallel, even wider, power under Article 226.

🧭 Whom do FRs apply against?

Most Fundamental Rights are enforceable against the State (as defined in Article 12) β€” government and its instrumentalities. But a few β€” such as Article 15(2), 17, 23 and 24 β€” are enforceable against private individuals too.

πŸ’‘ Key Facts

  • There are currently six Fundamental Rights; Right to Property was removed by the 44th Amendment, 1978.
  • Article 32 (Right to Constitutional Remedies) was called the "heart and soul" of the Constitution by Dr. Ambedkar.
  • Five writs under Art 32/226: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto.
  • Some FRs (Art 15(2), 17, 23, 24) apply even against private individuals, not just the State.

πŸ”– 60-Second Revision

  • 6 FRs: Equality, Freedom, against Exploitation, Freedom of Religion, Cultural & Educational, Constitutional Remedies.
  • Right to Property removed by 44th Amendment β†’ now Art 300A (legal right, not fundamental).
  • Art 32 = right to enforce rights; 5 writs.
  • Art 226 (High Court) is wider than Art 32 β€” covers any legal right, not just FRs.
  • Most FRs vs the State; a few (15(2),17,23,24) vs private persons too.

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