Fundamental Rights
Indian Constitution - Delhi Police Exams
Definition and Importance
Fundamental Rights are the basic rights guaranteed by the Constitution to all individuals to ensure equality, liberty, and justice.
They are called "Fundamental" because they are essential for the overall development of individuals and preserve democracy in India.
Importance
- Protect individuals from arbitrary actions of the state
- Ensure political, social, and economic democracy
- Promote dignity, equality, and freedom
- Act as a guarantee of justice under the Constitution
- Form the foundation of Rule of Law
Memory Trick: FUNDAMENTAL = Freedom, Unity, Nation's Dignity Assured.
Constitutional Basis (Articles 12-35)
- Part III of the Constitution (Articles 12 to 35) guarantees Fundamental Rights
- These rights are justiciable — meaning, they can be enforced by courts
- The Supreme Court (Article 32) and High Courts (Article 226) protect these rights
Trick: Part III protects me.
Six Fundamental Rights at a Glance
| Right | Articles | Description |
|---|---|---|
| Right to Equality | 14-18 | Equal treatment before law; abolition of untouchability & titles |
| Right to Freedom | 19-22 | Freedom of speech, movement, profession, protection in crimes |
| Right against Exploitation | 23-24 | Ban on human trafficking, child labour |
| Right to Freedom of Religion | 25-28 | Freedom of religion, worship, manage institutions |
| Cultural & Educational Rights | 29-30 | Protect rights of minorities to preserve culture & education |
| Right to Constitutional Remedies | 32 | Right to approach courts for enforcement of rights |
Memory Trick: E-F-E-R-C-R → Equality, Freedom, Exploitation, Religion, Culture, Remedy.
Right to Equality (Articles 14-18)
Equality before law and equal protection of laws
No discrimination on grounds of religion, race, caste, sex, or place of birth
Equal opportunity in public employment
Abolition of untouchability
Abolition of titles (like 'Sir', 'Rai Bahadur', etc.)
Trick: 14-Law, 15-Discrimination, 16-Jobs, 17-Untouchability, 18-Titles.
Right to Freedom (Articles 19-22)
Article 19 – Six Freedoms:
- Freedom of speech and expression
- Freedom to assemble peacefully
- Freedom to form associations
- Freedom to move freely
- Freedom to reside anywhere in India
- Freedom to practice any profession or trade
Protection in respect of conviction — no double punishment, no retroactive law
Protection of life and personal liberty ("Right to Life" — includes privacy, clean environment, shelter, etc.)
Protection of rights of arrested persons (no detention without reason)
Trick: SAMPRE – Speech, Assemble, Move, Profession, Reside, Express.
Quote: Article 21 – Life with dignity, not just existence.
Right Against Exploitation (Articles 23-24)
Prohibits human trafficking and forced labour
Prohibits child labour under 14 years in hazardous jobs
Trick: 23-Traffic stop, 24-Child stop.
Right to Freedom of Religion (Articles 25-28)
| Article | Provision |
|---|---|
| 25 | Freedom of conscience and free profession, practice, and propagation of religion |
| 26 | Freedom to manage religious affairs |
| 27 | No tax for promoting a particular religion |
| 28 | No religious instruction in government schools |
Trick: 25-Practice, 26-Manage, 27-No tax, 28-No teach.
Cultural and Educational Rights (Articles 29-30)
Protects interests of minorities in preserving their culture, language, and script
Minorities have the right to establish and administer educational institutions
Trick: 29-Culture, 30-College.
Right to Constitutional Remedies (Article 32)
Article 32 empowers citizens to move the Supreme Court directly if their Fundamental Rights are violated.
Dr. B.R. Ambedkar called it the "Heart and Soul of the Constitution."
Types of Writs under Article 32:
| Writ | Purpose |
|---|---|
| Habeas Corpus | Release of a person unlawfully detained ("produce the body") |
| Mandamus | Order a public official to perform duty |
| Prohibition | Stop a lower court from exceeding its jurisdiction |
| Certiorari | Transfer a case from a lower court |
| Quo Warranto | Question legality of holding a public office |
Trick: HMP-CQ → Habeas, Mandamus, Prohibition, Certiorari, Quo Warranto.
Restrictions on Fundamental Rights
Rights are not absolute — they are subject to reasonable restrictions to maintain public order, morality, and national security.
| Right | Restriction Grounds |
|---|---|
| Freedom (Art. 19) | Public order, morality, security of State |
| Religion (Art. 25) | Public health, morality |
| Equality (Art. 15-16) | Special provisions for weaker sections allowed |
| Life & Liberty (Art. 21) | Restricted by procedure established by law |
Trick: Freedom ends where public order begins.
Enforcement of Rights
- Article 32 – Supreme Court
- Article 226 – High Court (wider jurisdiction: can protect other legal rights too)
- Courts can issue writs for enforcement
- Rights are suspended during Emergency (except Article 20 and 21)
Trick: Emergency pauses rights, not life (20 & 21 survive).
PYQs (Delhi Police, SSC & State Exams)
Fundamental Rights are enshrined in which part of the Constitution?
A) Part II B) Part III C) Part IV D) Part V
Show Answer
B) Part III
Fundamental Rights are guaranteed from Articles —
A) 12-35 B) 14-32 C) 19-49 D) 10-25
Show Answer
A) 12-35
Which Article is called the "Heart and Soul of the Constitution"?
A) 14 B) 19 C) 32 D) 21
Show Answer
C) 32
The Right to Equality is guaranteed under Articles —
A) 14-18 B) 19-22 C) 23-24 D) 25-28
Show Answer
A) 14-18
Which Article guarantees protection of life and personal liberty?
A) 14 B) 19 C) 21 D) 25
Show Answer
C) 21
Right against Exploitation includes —
A) Freedom of Speech B) Ban on Child Labour C) Equality before Law D) Right to Property
Show Answer
B) Ban on Child Labour
"Abolition of Untouchability" is mentioned under —
A) Article 14 B) Article 17 C) Article 18 D) Article 21
Show Answer
B) Article 17
Writ of Habeas Corpus means —
A) To produce the body B) To restrain action C) To command a public duty D) To cancel an order
Show Answer
A) To produce the body
Fundamental Rights are suspended during —
A) War B) Emergency C) Natural Disaster D) None
Show Answer
B) Emergency
Right to Property is now a —
A) Fundamental Right B) Legal Right C) Natural Right D) None
Show Answer
B) Legal Right
Summary Table – Fundamental Rights at a Glance
| Right | Articles | Key Focus |
|---|---|---|
| Equality | 14-18 | Equality before law |
| Freedom | 19-22 | Personal & political liberty |
| Exploitation | 23-24 | Protection from forced & child labour |
| Religion | 25-28 | Freedom of religion |
| Culture & Education | 29-30 | Minority rights |
| Remedies | 32 | Right to move courts |
Final Concept Recap
- 6 Fundamental Rights (12-35) → Protect equality, freedom, dignity
- Article 32 → Heart & Soul (Enforcement)
- Rights Enforced via Writs
- Restricted for public order, morality, security
- Suspended during Emergency (except 20 & 21)
One-Line Memory: Rights give freedom, Remedies give power.
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