Here are the top 50 key facts about Fundamental Rights in the Indian Constitution with proper explanations, focusing on concepts that often confuse UPSC candidates:
Definition: Fundamental Rights are the basic human rights guaranteed to all citizens by the Constitution of India.
Articles Covered: Fundamental Rights are enshrined in Articles 12 to 35.
6 Categories: The rights are classified into six categories after the 44th Amendment:
- Right to Equality (Articles 14-18)
- Right to Freedom (Articles 19-22)
- Right Against Exploitation (Articles 23-24)
- Right to Freedom of Religion (Articles 25-28)
- Cultural and Educational Rights (Articles 29-30)
- Right to Constitutional Remedies (Article 32)
Justiciable Nature: Fundamental Rights are enforceable in a court of law under Article 32.
Suspension During Emergency: All Fundamental Rights, except Articles 20 and 21, can be suspended during a national emergency.
Part III: Referred to as the “Magna Carta of India,” Fundamental Rights are enshrined in Part III of the Constitution.
Applicability: Most rights are available to both citizens and foreigners, but some (e.g., Article 19) are exclusive to citizens.
Negative and Positive Rights: Fundamental Rights include both negative restrictions (e.g., prohibition of discrimination) and positive rights (e.g., freedom of speech).
Not Absolute: Fundamental Rights are subject to reasonable restrictions for public order, morality, and health.
Amendability: Fundamental Rights can be amended, but the basic structure doctrine prevents their essential nature from being altered.
Article 14: Ensures equality before the law and equal protection of laws to all persons.
Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth.
Article 16: Provides equality of opportunity in public employment.
Article 17: Abolishes untouchability and its practice in any form.
Article 18: Abolishes titles, except academic and military distinctions.
Positive Discrimination: Permissible under Article 15(4) and Article 16(4) for socially and educationally backward classes.
Equality Before Law: Borrowed from the British Constitution; ensures no one is above the law.
Exceptions to Article 14: Includes reasonable classifications like special privileges for the President or Governors.
Protective Discrimination: Reservations for SC/ST and OBC communities under Article 16(4) aim to achieve substantive equality.
Article 17 Enforcement: Violation of Article 17 is punishable under the Protection of Civil Rights Act, 1955.
Article 19: Grants six freedoms, including speech, assembly, association, movement, residence, and occupation.
Reasonable Restrictions: Article 19 allows restrictions in the interest of sovereignty, public order, and morality.
Article 20: Protects individuals in criminal proceedings with three protections:
- Ex post facto laws
- Double jeopardy
- Self-incrimination
Article 21: Guarantees the right to life and personal liberty, interpreted broadly to include the right to privacy, education, and clean environment.
Article 21A: Introduced by the 86th Amendment, mandates free and compulsory education for children aged 6-14.
Article 22: Deals with protection against arbitrary arrest and detention, including preventive detention.
Preventive Detention Period: Limited to 3 months without advisory board approval under Article 22(4).
Scope of Article 21: Expanded by the Supreme Court to include rights such as shelter, health, and dignity.
Freedom of Speech Misuse: Includes hate speech and sedition, subject to Article 19(2)’s restrictions.
Article 19 Exclusive: Available only to citizens, unlike Articles 20 and 21.
Article 23: Prohibits human trafficking and forced labor, with exceptions for public services.
Article 24: Prohibits the employment of children below 14 years in hazardous industries.
Bonded Labor Abolition: Supplemented by the Bonded Labor System (Abolition) Act, 1976.
Religious Freedom: Articles 25 to 28 protect religious practices while maintaining secularism.
Article 25: Ensures freedom of conscience and the right to freely profess, practice, and propagate religion.
Restrictions on Article 25: Includes public order, morality, and health.
Article 26: Grants religious denominations the right to manage their affairs in matters of religion.
Secular Nature: India respects all religions but allows reasonable restrictions on religious practices.
Cultural vs Religious Rights: Cultural rights under Articles 29-30 focus on preserving linguistic and cultural diversity, while Articles 25-28 address religious freedoms.
Article 28: Prohibits religious instruction in educational institutions funded by the state.
Cultural and Educational Rights: Articles 29 and 30 protect the rights of minorities to preserve their language and establish institutions.
Article 32: Dr. B.R. Ambedkar called it the “heart and soul” of the Constitution, providing remedies for rights violations.
Judicial Review: Fundamental Rights empower courts to strike down unconstitutional laws.
Right to Property: Originally a Fundamental Right under Article 31, it was made a legal right under Article 300A by the 44th Amendment.
Habeas Corpus: One of the five writs under Article 32 for protecting personal liberty.
Impact of Emergency: Article 359 suspends the enforcement of Fundamental Rights (except Articles 20 and 21) during a national emergency.
Equality vs Reservations: Reservation policies aim for equality of opportunity by compensating for historical disadvantages.
Basic Structure Doctrine: Fundamental Rights form part of the Constitution’s basic structure and cannot be abrogated.
Public Interest Litigation (PIL): Allows the judiciary to enforce Fundamental Rights on behalf of disadvantaged sections.
Supremacy of Rights: Fundamental Rights override ordinary laws but are subject to constitutional amendments.