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Fundamental right

April 11, 2025
Posted by: Beauty Kumari

Fundamental rights are fundamental human rights guaranteed to all citizens in India, without discrimination based on race, religion, or gender. These rights are enforceable by courts, subject to certain conditions. They are called fundamental rights because they are enshrined in the Constitution and are justiciable, allowing individuals to seek legal recourse in case of a violation.

Indian Constitution: Six Fundamental Rights

Right to Equality (Article 14-18)
Right to Freedom (Article 19-22)
Right against Exploitation (Article 23-24)
Right to Freedom of Religion (Article 25-28)
Cultural and Educational Rights (Article 29-30)
Right to Constitutional Remedies (Article 32)

The 44th Constitutional Amendment removed the right to property from the list of fundamental rights in India, citing its perceived hindrance to socialism and equitable wealth distribution.

Fundamental Rights of India

The Indian Constitution’s right to equality guarantees equal rights for all, regardless of religion, gender, caste, race, or birthplace. It ensures equal employment opportunities and prevents discrimination based on caste or religion. This right also includes the abolition of titles and untouchability.

Right to Equality (Article 14-18) : Aspirants should understand the types of equality, including Natural, Social, Civil, Political, Economic, and Legal, to understand the right to equality. Understanding these types of equality is crucial for preparing for the civil services exam.

Right to Equality

Article	Brief description
Article 14	The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India, on grounds of religion, race, caste, sex or place of birth
Article 15	The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
Article 16	There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
Article 17	Abolition of untouchability
Article 18	Abolition of all titles except military and academic

Equality before the law (Article 14)

Article 14 of the Indian Constitution ensures equal treatment of all people under the law, stating that the State must not deny equality before the law to any person and must also ensure equal protection of the laws.

According to this provision, there shall be no discrimination of any type and every citizen would be treated equally before the law.
Everyone is given equal protection under the nation’s laws.
The law will treat everyone equally under the same conditions.

Prohibition of discrimination (Article 15)

Any form of prejudice is forbidden by this article. This article protects citizens from discrimination on the basis of religion, race, caste, sex, or place of birth, among other things, by the State.

No citizen should be subject to any responsibility, disability, restriction, or condition with regard to any of the following on the sole basis of race, religion, caste, place of birth, sex, or all of them of these::
- Entry to public areas
- Utilization of State-maintained tanks, wells, ghats, and other facilities intended for public use
- The article acknowledges that special accommodations can be made for women, children, and the underprivileged classes.

Equality of opportunity in matters of public employment (Article 16)

Article 16 guarantees all citizens equal employment chances in state service.

No discrimination based on race, religion, caste, sex, birthplace, descent, or residence.
Special accommodations for underprivileged classes can be made.

Abolition of untouchability (Article 17)

Untouchability is eradicated, and any disability resulting from it is considered a criminal offense.

Abolition of titles (Article 18)

Article 18 abolishes titles.

The only titles that the State may bestow are those pertaining to academia or the armed forces.
Additionally, the provision forbids Indian nationals from taking on any titles from foreign governments.
The British Empire’s titles, like Rai Bahadur and Khan Bahadur, are eliminated in this article.
This category does not include military decorations such as the Ashok Chakra and Param Vir Chakra, nor awards like the Padma Shri, Padma Bhushan, Padma Vibhushan, and Bharat Ratna.

Right to Freedom (Articles 19 – 22)

The Constitution outlines six fundamental rights essential for Indian democracy, including freedom of speech, expression, association, personal liberty, and dignity. Understanding these rights and any exceptions is crucial for functioning a democratic society.

Article	Brief description
Article 19	Protection of 6 rights concerning the freedom of: Speech and expressionAssemblyAssociationMovementResidenceProfession
Article 20	Protection with respect to conviction for offences
Article 21	Right to life and personal liberty
Article 21A	Right to elementary education
Article 22	Protection against arrest and detention in certain cases

Article 19 of Indian Constitution: Six Freedoms

Freedom of Speech and Expression:

The State guarantees freedom of speech and expression to all citizens.
Restrictions can be imposed for national integrity, security, and sovereignty, friendly relations with foreign nations, public order, defamation, incitement to offence, or contempt of court.

Freedom to Assemble:

The State guarantees peaceful assembly without arms, with reasonable restrictions for sovereignty and public order.

Freedom to Form Associations/Unions/Cooperative Societies:

The State can impose restrictions for national integrity, security, and public order.
The Police Forces (Restriction of Rights) Act, 1966 prohibits police personnel from forming trade unions.

Freedom to Move Freely:

Citizens can move freely throughout India, but restrictions can be imposed for security, public order, or Scheduled Tribes interests.

Freedom of Residence:

Citizens can reside in any part of the country, with restrictions imposed for security, public order, or Scheduled Tribes interests.

Freedom of Profession:

All citizens can carry on any trade or occupation, provided it’s not illegal or immoral.

Article 20: Protection of Citizens from Conviction

Provides three types of protection against the State: retrospective criminal legislation, double jeopardy, and prohibition against self-incrimination.
Retrospective criminal legislation prohibits conviction for acts committed at a time when the act was not declared as an offence.
Double jeopardy prohibits a person from being convicted for the same offence more than once.
Prohibition against self-incrimination prohibits the State from compelled to bear witness against the accused.

Article 21: Right to Life and Personal Liberty

States that no person shall be deprived of their life and personal liberty by the State except as per the law.
The right to life is interpreted as the right to a dignified life, distinguishing between a police state and a constitutional state.
The State must provide free and compulsory education to all children between the ages of 6 and 14.

Article 22: Protection against Arrest and Detention

Applicable to both citizens and non-citizens, it extends procedural safeguards for individuals in case of an arrest.
It provides safeguards such as being informed about the reason for arrest, being produced before a judicial magistrate within 24 hours, and no longer being in custody for more than the determined period.
These safeguards are not applicable to enemy aliens.

Preventive Detention

Preventive detention is detention without trial, aimed at preventing an individual from committing a crime.

3. Right against Exploitation (Articles 23 – 24)

Article 23: Prohibition of Traffic in Human Beings and Forced Labour in India

Article 23(1) prohibits traffic in human beings and forced labor, with any violation punishable by law.
Article 23(2) allows the State to impose compulsory service for public purposes without discrimination based on religion, race, caste, or class.
Exploitation and forced labour are prohibited, with the term ‘begar’ used to describe labour without payment.
Forced labour is prohibited, including bonded labour and coercion.
The Constitution makes trafficking unconstitutional, involving the buying and selling of men and women for illegal activities.
Article 23 protects citizens against the State and private citizens, with the State responsible for taking punitive action against perpetrators and positive actions to abolish these evils.
The Parliament can enact laws to punish acts prohibited by Article 23.
Compulsory services for public purposes, such as conscription to the armed forces, are not unconstitutional.
Laws passed in pursuance of Article 23 include the Suppression of Immoral Traffic in Women and Girls Act, 1956, and the Bonded Labour System (Abolition) Act, 1976.
Article 24 prohibits the employment of children below the age of 14 in hazardous industries or factories, with exceptions for non-hazardous work.

Indian Laws Governing Child Labour

The Factories Act, 1948, the Mines Act of 1952, the Child Labour (Prohibition and Regulation) Act, 1986, the Child Labour (Prohibition & Regulation) Amendment Act, 2016, and the Child Labour (Prohibition and Regulation) Amendment Rules, 2017 provide a framework for prevention, prohibition, rescue, and rehabilitation of child and adolescent workers.
The Factories Act, 1948: Sets a minimum age limit for children in factories, with amendments in 1954 to exclude night employment.
The Mines Act of 1952: Prohibits employment of individuals under 18 in mines.
The Child Labour (Prohibition and Regulation) Act, 1986: Describes where and how children can be employed, prohibiting them in 13 occupations and 57 processes.
The Child Labour (Prohibition & Regulation) Amendment Act, 2016: Forbids employment of children below 14 years and those between 14 and 18 in hazardous occupations and processes.
The Child Labour (Prohibition and Regulation) Amendment Rules, 2017: Provides a framework for prevention, prohibition, rescue, and rehabilitation of child and adolescent workers.

Right to Freedom of Religion (Articles 25 – 28)

The Indian polity is secular, respecting all religions equally, allowing freedom of conscience, profession, practice, and propagation of religion. The state has no official religion, and individuals have the right to practice their faith and establish religious and charitable institutions.

Article 25 of the Indian Constitution:

Guarantees freedom of conscience and the freedom to profess, practice, and propagate religion to all citizens.
Allows the State to make laws regulating and restricting secular activities associated with religious practice.
Provides for the social welfare and reform of Hindu religious institutions.
Sikhs, Jain, and Buddhist religions are included in the profession of the Sikh religion.

Article 26:

Provides rights to every religious denomination, including the right to form and maintain religious and charitable institutions, manage its own affairs in religion, acquire immovable and movable property, and administer such property according to the law.

Article 27:

No taxes can be paid for the promotion or maintenance of any particular religion/religious denomination.

Article 28:

Allows religious groups to disseminate religious instruction in educational institutions.
No religious instruction is provided in State-run educational institutions.
Attendees of recognized educational institutions or receiving State aid are not required to participate in religious instruction or worship unless consent is given.

Understanding of Secularism
Secularism, a term meaning separate from religion, refers to the separation of religion from government, social, economic, and cultural aspects of life. In India, secularism is a personal matter and is part of the Basic Structure of the Constitution, added by the 42nd Amendment. This concept is highly respected in Indian democracy and has been an inalienable part of Indian culture.In the Western model, secularism connotes the complete separation of the State from the Church, originating from the French Revolution. However, in India, the State and religion are not water-tight compartments. The State maintains equal distance from all religions, but its influence extends to religious affairs in a limited fashion.
In India, the State has chosen a positive engagement model, providing religious minorities the right to establish their educational institutions and extending assistance to these institutions. Many Hindu temples are directly governed by the State, and the State has set up Boards for the administration of large temples and Waqf Boards.
In India, pluralism is better suited than secularism when discussing society and the community. Western societies have largely been homogenous with minimal religious and other minority groups, but for centuries, many religious groups have shared spaces and thrived together.

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

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to preserve their heritage and culture. Educational rights are for ensuring education for everyone without any discrimination.

“Constitution’s Fundamental Right to Minority Culture” Preserves diversity in India’s society.

Guarantees rights to minorities.
Provides avenues for all groups, including marginalized ones, to protect and propagate their culture.

Article 29 – Protection of Interests of Minorities

Article 29(1) grants citizens with distinct culture, language, or script rights to conserve them.

Article 29(2) prohibits admission to educational institutes based solely on race, religion, caste, or language.

Article 30 – Right of Minorities to Establish and Administer Educational Institutions

Article 30, also known as the “Charter of Education Rights,” grants religious and linguistic minorities the right to form and govern their own educational institutions.
The State is prohibited from discriminating against educational institutions under minority management, regardless of religion or language.

Right to Constitutional Remedies (32 – 35)

Part III of the Indian Constitution offers legal remedies to protect fundamental rights against violation by the State or other institutions. Citizens can seek enforcement from the Supreme Court or High Courts, and the State is prohibited from creating laws that conflict with these rights. These rights, outlined in Articles 12 to 35, ensure equality regardless of race, color, caste, religion, birthplace, or gender. The judiciary can impose pre-defined punishments for violations.

About Writ

Writs are written orders issued by the Supreme Court of India to protect citizens’ fundamental rights from violations. Article 32 also empowers Parliament to authorize any other court to issue these writs Before 1950, only the High Courts of Calcutta, Bombay, and Madras had the power to issue writs. Article 226 empowers all high courts of India to issue writs. These writs are borrowed from English law and are known as ‘Prerogative writs’.

What is a Writ Petition?

A writ petition is a court request for extraordinary review, requesting intervention in a lower court’s decision. In India, the Supreme Court and High Courts of Judicature issue ‘prerogative writs’, with writ law outlined in the Constitution of India.

Type of Writs

The Supreme Court and High Courts are authorized by the Constitution to issue writs and orders.

The types of writs are:

Habeas Corpus
Certiorari
Prohibition
Mandamus
Quo Warranto

Habeas Corpus

A writ known as habeas corpus is used to defend a person’s fundamental right to liberty against unjustified imprisonment. This writ requires a public servant to present a person who has been detained to the court and establish a legitimate justification for the confinement. This writ, however, cannot be issued if the matter involves allegations of contempt against a court or legislature.

Certiorari

A lower court may request that a matter be transferred for review by issuing a writ of certiorari, which is typically used to overturn a lower court’s decision. In the event that a party challenges the lower court’s ruling, the Supreme Court grants a writ of certiorari. It is issued in the event that a higher court determines that it falls outside of its purview or is overly broad.

It is one of the mechanisms by which the fundamental rights of the citizens are upheld.

Prohibition

A higher court can writ prohibition to a lower court to compel inactivity within its jurisdiction. It only occurs when the higher court decides at its discretion that the case is outside the lower court’s jurisdiction. It is only possible to issue a Writ of Prohibition against judicial and quasi-judicial authority.

Mandamus

Mandamus is a legal document that commands specific acts or duties to a subordinate court, government officer, or corporation. It cannot be issued against a private individual and can be used to order task completion or halt an activity in certain cases.

Quo-Warranto

Quo warranto is a court writ issued against someone who claims or usurps public office, examining the authority behind their claim and the legality of their claim to public office. It prevents illegal assumption of public office by an individual.

Suspension of Fundamental Rights

Article 352 states that in the event of a national emergency, fundamental rights may be suspended.
As stated in Article 358, if a national emergency is declared due to war or external invasion, the six essential rights under Article 19 are immediately suspended.
A clause for the suspension of other rights is found in Article 359. The President would then have to make a separate notification.
The rights outlined in Articles 20 and 21 are unalienable.
Basic Rights cannot be affected by a financial or constitutional emergency.

Status of Writs in Other Countries: Writs other than habeas corpus are discretionary remedies, known as prerogative orders in England and Wales since 1938.

Quo warranto and procedendo writs are obsolete.
New Civil Procedure Rules 1998 modify certiorari, mandamus, and prohibition.
Mandamus was replaced by injunction in US district courts.
The US Supreme Court grants certiorari, other states grant review.

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