Fundamental rights are the set of rights granted to Indian citizens by the Constitution. They aim to protect individuals from violation of basic human rights by the government or any authority. These rights are directly enforceable in a court of law. They include rights like equality before the law, freedom of speech, right to life, and many more. Together, these fundamental rights lay the foundation for a free, democratic, and just society in India.

Fundamental rights are one of the most important topics for the UPSC IAS exam. It covers a significant part of the polity section in the General Studies Paper-2 Syllabus. 

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What are Fundamental Rights?

Fundamental Rights are rights protected and guaranteed by the Indian Constitution, which is the supreme legislation of the country. Part III of the Indian Constitution, from Articles 14 to Article 35, contains the Fundamental Rights.

• The fundamental rights guarantee each citizen’s full physical, mental, and moral growth.
• They include the fundamental liberties and conditions that, by themselves, can make life worthwhile.
• The fundamental duties and fundamental rights are mutually reinforcing.
• It is both natural and legal in nature.
• Individuals and minority groups are generally protected by FRs from arbitrary, biased official action of the Government/State.
• Citizens have several options to file a petition in the Supreme Court and High Court to make sure that their FRs are enforced.
• Fundamental rights and fundamental duties must coexist for a democracy to function properly.
• The Indian Constitution is more detailed than those any other country’s constitution.
• The Constitution guarantees these without prejudice against any person. These are meant to spread the concept of political democracy.

Know more on the Right to Recall!

6 Fundamental Rights of the Indian Constitution

The Indian constitution guarantees six fundamental rights:

• Right to equality
• Right to freedom
• Right against exploitation
• Right to freedom of religion
• Cultural and educational rights
• Right to constitutional remedies

Each of them has been briefly described below:

Right to equality (Article 14 – Article 18)

• According to Articles 14 to 18, all citizens of our nation are equal regardless of their color, caste, sex, religion, and place of birth. 
• The Constitution of India is liberal. According to Article 14, no person shall be denied equality before the law or equal protection under the law on Indian territory.

Right to freedom (Article 19 – Article 22)

• Six rights are protected: freedom of expression and assembly, association, movement, dwelling, and profession. These six rights are solely protected from state action, not from private individuals.
• These rights are solely available to citizens and are not available to foreigners.
• An accused individual is protected from disproportionate and arbitrary punishment. It is open to both citizens and foreigners.
• The right to freedom further provides that no one shall be deprived of his life or personal liberty except in accordance with legal procedures.
• It also states that the state must provide free and compulsory education to all children aged six to fourteen. It protects people who have been arrested.

Right against exploitation (Article 23 – Article 24)

• The Right Against Exploitation (Articles 23 and 24 of the Indian Constitution) is a clause of the Indian Constitution that protects the dignity of every individual.
• It outlaws human trafficking, forced labour, and other forms of forced labour.
• It also forbids the employment of minors under the age of 14 in any mine, factory, or other dangerous activity like construction or railway labour.

Right to freedom of religion (Article 25- Article 28)

Articles 25 through 28 of the Indian Constitution guarantee everyone who lives on Indian soil the right to freedom of religion. Every religious group must have the following rights:

• Everyone has the same right to conscience and freedom to practise, propagate, and profess religion.
• Maintain and establish religious and charitable institutions.
• It is responsible for its own religious issues.
• Purchase and own both movable and immovable property. Manage such property in conformity with the law.
• Freedom from taxation for Religious Promotion means that no one shall be compelled to pay any taxes for the maintenance or promotion of any religious denomination or section.

Cultural and educational rights (Article 29- Article 30)

• Any group of residents in any area of India with its own script, culture, or language has the right to preserve it.
• No citizen shall be refused entrance to or receive help from any educational institution sponsored by the State solely on the basis of caste, language, religion, or race.
• All minorities must have the right to govern and construct educational institutions of their choice.

Right to constitutional remedies (Article 32- Article 35)

• Article 32 of the Indian Constitution mentions the right of an aggrieved individual to recourse for the enforcement of his or her basic rights (if somebody infringed the Fundamental Rights).
• It is also known as the right to have one’s Fundamental Rights preserved, which is a fundamental right in and of itself.

Know more about the Right to Private Property!

Right to property – A former fundamental right

The Right to Property was enshrined in the Indian Constitution, providing Indian residents with the ultimate right to acquire, dispose of, and maintain family properties. This right eventually ceased to exist as a fundamental right. The Fundamental Right to Property has the unique distinction of not only being the second most contested clause in the Constitution’s drafting but also the most changed provision and the only fundamental right to be eventually eliminated in 1978.

• According to Article 300-A of the Indian Constitution, the right to property stipulates that no one other than the state has the ability to deprive a person of his or her immovable property (government).
• According to the 44th Amendment added to the Indian Constitution in 1978, the right to property remained a legal right rather than a fundamental right. This is due to the inclusion of Article 300-A in Part XII of the 1978 Constitution Act, which repealed Article 31.
• The right to property was formerly recognized as a fundamental right under Article 19 (1) (f) and Article 31, both of which are found in Part III of the Indian Constitution.
• Article 19 (1) (f) gave Indian citizens the right to own, retain, and dispose of their property.
• Article 31, on the other hand, safeguarded the right against property deprivation.

Know more about the Right to Privacy!

Features of Fundamental Rights

Fundamental Rights for Indians have also been focused on reversing pre-independence societal disparities. Fundamental Rights are justiciable (enforceable by courts); in the event of a breach, a person may seek redress in a court of law. They have also been used to remove untouchability and thereby outlaw discrimination based on religion, race, caste, gender, or place of birth. They also prohibit human trafficking and forced labour. They also protect ethnic and religious minorities’ cultural and educational rights by allowing them to keep their languages and establish and manage their own educational institutions.

• Fundamental Rights are NOT sacrosanct or absolute: the Parliament can limit them or impose reasonable constraints for a set length of time. However, the court has the authority to consider the reasonableness of the restrictions.
• Fundamental Rights are justiciable: The constitution empowers a person to go directly to the Supreme Court to have his fundamental rights reinforced if they are violated or curtailed.
• Suspension of Fundamental Rights: Except for the rights provided by Articles 20 and 21, all Fundamental Rights are suspended during National Emergencies.
• Restriction of Fundamental Rights: During military administration, Fundamental Rights might be curtailed in any specific location.

Fundamental Rights that are Available only to Indian Citizens

Here are the fundamental rights that are available only to citizens of India:

• Article 15: This article prohibits discrimination on the grounds of religion, race, caste, sex, or place of birth.
• Article 16: This article guarantees equality of opportunity in matters of employment to all citizens.
• Article 19: This article guarantees the following fundamental freedoms to all citizens:
  • Freedom of speech and expression
  • Freedom of assembly
  • Freedom to form associations
  • Freedom to move freely throughout the territory of India
  • Freedom to reside and settle in any part of India
  • Freedom to practice any profession or occupation
• Article 29: This article guarantees the rights of minorities. It allows them to establish and administer educational institutions of their choice.
• Article 30: This article also guarantees the rights of minorities. It aids them to receive financial aid from the state for their educational institutions.
• It is important to note that these fundamental rights are not absolute. They can be restricted in certain circumstances. 
  • For example, the right to freedom of speech can be restricted to protect national security or public order.
• These rights are not available to foreigners or to people who have not been naturalized as citizens of India.

Know more about the Fundamental Rights in India and the US!

Importance of Fundamental Rights

Fundamental rights are also known as basic human rights, but in India, they are governed by the Constitution and defined as specific rights for the people. When these rights are coherent in a community, citizens are able to understand the value of all members of the society, cooperate, and adjust themselves accordingly, resulting in pleasant relationships.

• The Constitution allows for the enforcement of these rights, so they have both legal and educational importance, assisting citizens to defend, respect, accept, and fulfill the rule of law.
• Fundamental Rights are the individual or basic rights without which modern constitutional democracy is worthless, and as such, they are enshrined with the premise that they cannot be infringed or taken away by any regular legislation or regulation.
• They also uphold the equality and dignity of individuals while keeping the nation’s unity and integrity in mind.
• Fundamental rights are necessary for any country’s physical, moral, and financial prosperity.
• Fundamental rights are always meant to defend and ensure not only the individual’s dignity but also to create settings that can assist every human being to develop their character to its full degree.

Amendability of Fundamental Rights

Fundamental rights are the basic rights guaranteed to all citizens of India by the Constitution. They are enforceable by the courts, subject to certain conditions.

• Article 368 of the Constitution gives Parliament the power to amend the Constitution. This also includes fundamental rights. However, there are some restrictions on the power of Parliament to amend fundamental rights.
• The Supreme Court has held that Parliament cannot amend fundamental rights in a way that:
  • takes away the essence of the right,
  • makes the right meaningless, or 
  • changes the basic structure of the Constitution.
• Parliament can amend fundamental rights, but only in a way that does not fundamentally alter their character.

Here are some points to keep in mind about the amendability of fundamental rights:

• The power of Parliament to amend fundamental rights is a limited power.
• The Supreme Court has the power to strike down any amendment to the fundamental rights that it finds to be unconstitutional.
• The amendability of fundamental rights is a complex issue. There is no answer to the question of how far Parliament can go in amending them.

Know more about the Fundamental Rights in India and the United Kingdom Comparison!

Comparison between Fundamental Rights and Fundamental Duties

Here is a comparison between Fundamental Rights and Fundamental Duties:

Know more about the Right to Education Act RTE!

MCQ For UPSC Exam

Question 1 – “To protect the natural environment under which, forests, rivers, and beasts are included and have compassion for living creatures.” The above-mentioned provision belongs to?

• Fundamental Rights
• Director Principles of State Policy
• Fundamental Duties

Use the code given below to choose the correct answer

(a) Only 3

(b) Only 1 and 2

(c) Only 2 and 3

(d)Only 1 and 3

Answer 1 – (a)

Question 2 – Consider the following combinations in reference to the Fundamental Rights of the Constitution

• These are available to Indian citizens only.
• The state can’t impose any restrictions on them.
• These are non-justified.
• They are permanent, i.e., Parliament can‘t make any deduction from it.

Which of the above pairs is /are correct?

(a) Only 1 and 3

(b) Only 2 and 4

(c) Only 1, 3 and 4

(d) None of the above

Answer 2 – (d)

Question 3 – Consider the following statements in reference to the Fundamental Rights described in the Constitution.

• They are called the Magna Carta of India.
• The purpose of their provisions is to make the Government of individuals.
• Under the 42nd Constitution Amendment, the Right to property was repealed from the list of Fundamental Rights.

Which of the above statements is/are correct?

(a) Only 1

(b) Only 1 and 2

(c) 1, 2 and 2

(d) Only 2 and 3

Answer 3 – (a)

• Consider the following statements in reference to the characteristics related to Fundamental Rights.
• They are actionable.
• The person suffering from this can appeal in the Supreme Court only against the High Court.
• They are permanent.

Which of the above statements is/are correct?

(a) Only 1

(b) Only 1 and 2

(c) Only 1 and 3

(d) All of the above

Ans. (a)

• Consider the following Fundamental Rights mentioned in the Constitution.
• Equality of opportunity in respect of public matters.
• Equality before the law
• Equality of primary education
• Freedom to the conduction of religious institutions.

Which of the above are not the Rights of Foreigners?

(a) Only 1

(b) Only 2 and 3

(c) Only 1 and 4

(d) Only 3 and 4

Ans. (a)

Also, find more MCQs on Fundamental Rights here!

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