Fundamental Rights Under Constitution | Notes

The Fundamental Rights enshrined in the Indian Constitution form the cornerstone of democracy in India. They guarantee essential civil liberties and ensure that every citizen can live with dignity, equality, and freedom.

Enshrined in Part III of the Constitution (Articles 12 to 35), these rights are enforceable by courts, meaning any violation can be challenged directly in the Supreme Court or High Courts under Article 32 or 226 respectively.

Why Are Fundamental Rights Important?

• They protect individuals from arbitrary state actions
• They promote the idea of liberty, equality, and fraternity
• They are essential for the full development of an individual
• They uphold the rule of law and democratic principles

Key Features of Fundamental Rights

• Justiciable: Enforceable in a court of law.
• Not absolute: Subject to reasonable restrictions in public interest.
• Can be suspended: During a national emergency (except Articles 20 and 21).
• Available to citizens and, in some cases, non-citizens.
• Can be amended: But not in a way that takes away their basic structure (as ruled in Kesavananda Bharati v. State of Kerala).

Brief Overview of Each Fundamental Right

1. Right to Equality (Articles 14–18)

• Article 14 – Equality before law and equal protection of the laws
• Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth
• Article 16 – Equality of opportunity in matters of public employment
• Article 17 – Abolition of untouchability
• Article 18 – Abolition of titles (except military/academic distinctions)

2. Right to Freedom (Articles 19–22)

• Article 19 – Six freedoms including speech, assembly, association, movement, residence, and profession
• Article 20 – Protection in respect of conviction for offences
• Article 21 – Protection of life and personal liberty
• Article 21A – Right to education (for children aged 6–14)
• Article 22 – Protection against arrest and detention in certain cases

3. Right Against Exploitation (Articles 23–24)

• Article 23 – Prohibition of human trafficking and forced labour
• Article 24 – Prohibition of child labour in factories, etc.

4. Right to Freedom of Religion (Articles 25–28)

• Article 25 – Freedom of conscience and free profession, practice, and propagation of religion
• Article 26 – Freedom to manage religious affairs
• Article 27 – No tax for promotion of any religion
• Article 28 – Freedom from attending religious instruction in certain institutions

5. Cultural and Educational Rights (Articles 29–30)

• Article 29 – Protection of interests of minorities
• Article 30 – Right of minorities to establish and administer educational institutions

 6. Right to Constitutional Remedies (Article 32)

• Allows individuals to move the Supreme Court directly for enforcement of fundamental rights
• Known as the “heart and soul” of the Constitution (as per Dr. B.R. Ambedkar)
• Empowers courts to issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto

Fundamental Rights – Article-wise Notes by LawBhoomi