Fundamental Rights
What this domain tests
Part III (Articles 12-35) is examined through article-to-right matching, the meaning of 'state' under Article 12, the six freedoms and their restrictions, writ jurisdiction, and landmark expansions of Article 21.
Core rules
- Article 12 defines 'state' to include the government and Parliament, state legislatures, local authorities and other authorities. Rights are generally enforceable against the state, though Articles 15(2), 17, 23 and 24 also bind private persons.
- Six groups: equality (14-18), freedom (19-22), against exploitation (23-24), religion (25-28), cultural and educational rights (29-30), and constitutional remedies (32).
- Article 19 freedoms are subject to 'reasonable restrictions' listed in clauses (2) to (6). Article 20 protects against ex post facto laws, double jeopardy and self-incrimination; Article 21 protects life and personal liberty; Article 22 lays down safeguards on arrest and preventive detention.
- Article 32 is itself a Fundamental Right; Dr. Ambedkar called it the 'heart and soul' of the Constitution. The five writs are habeas corpus, mandamus, prohibition, certiorari and quo warranto.
Worked example
A state law bans all public meetings within 500 metres of a court. Is it valid? Reasoning: the law touches Article 19(1)(b) (assembly) and possibly 19(1)(a). It is valid only if the restriction is imposed by law, pursues a legitimate purpose such as public order, and is proportionate. A total ban would fail proportionality; a distance rule narrowly drawn around court premises is likely to be upheld as a reasonable restriction under Article 19(3).
Traps
- Writing that Fundamental Rights are absolute; they are not, and most carry restrictions.
- Confusing Article 32 (Supreme Court) with Article 226 (High Court); Article 226 is wider.
- Claiming that violations of Directive Principles can be remedied by a writ under Article 32.
- Saying the right to education was always in Article 21; it was inserted as Article 21A by the 86th Amendment (2002).