Fundamental Rights
What this domain tests
Questions test the six categories of rights, their articles, who can claim them, and the writ remedies. You must distinguish rights available to citizens only from those available to all persons.
Core rules
- Part III, Articles 12–35. Article 12 defines 'State'; Article 13 makes laws inconsistent with rights void.
- Six categories: equality (14–18), freedom (19–22), against exploitation (23–24), religion (25–28), cultural and educational (29–30), constitutional remedies (32).
- Article 14 equality before law; 15 prohibits discrimination on religion, race, caste, sex or place of birth; 16 equality in public employment; 17 abolishes untouchability; 18 abolishes titles.
- Article 19 gives six freedoms to citizens, subject to reasonable restrictions: speech and expression, assembly, association, movement, residence and profession.
- Article 21 protects life and personal liberty; 21A makes elementary education a fundamental right (86th Amendment, 2002).
- Article 22 safeguards against arrest and detention; 23 prohibits trafficking and forced labour; 24 prohibits employment of children below 14 in factories, mines and hazardous work.
- Article 32 gives the Supreme Court power to issue five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. Ambedkar called Article 32 the 'heart and soul' of the Constitution.
- The 44th Amendment (1978) removed the right to property from Part III; it is now a legal right under Article 300A.
Worked example
A 13-year-old is found working in a firecracker unit. Which right is violated, and what remedy lies? Reasoning: Article 24 prohibits child employment below 14 in hazardous work; Article 21A also supports the child's education. A habeas corpus petition can secure release from illegal confinement, while a public interest litigation may seek enforcement. The employer can be prosecuted under child labour law.
Traps
Fundamental rights are not absolute - Article 19 has restrictions. Article 19 applies only to citizens, while Article 14 applies to all persons. Property is no longer a fundamental right. Article 32 is itself a fundamental right. Do not mix up mandamus (command to perform duty) with quo warranto (questioning authority to hold office).