Fundamental Rights
Last updated: 3 October 2026
Fundamental Rights are given in Part III of the Constitution, in Articles 12 to 35. They are called “fundamental” because they are essential for the all-round development of a person, and they are protected by the courts. The idea was taken from the Bill of Rights of the USA.
The six Fundamental Rights
The Constitution originally had seven Fundamental Rights. The Right to Property (Article 31) was removed by the 44th Amendment Act, 1978; it is now a legal right under Article 300A.
| Right | Articles |
|---|---|
| Right to Equality | 14 to 18 |
| Right to Freedom | 19 to 22 |
| Right against Exploitation | 23 and 24 |
| Right to Freedom of Religion | 25 to 28 |
| Cultural and Educational Rights | 29 and 30 |
| Right to Constitutional Remedies | 32 |
Important articles
| Article | What it says |
|---|---|
| 14 | Equality before law and equal protection of laws. |
| 15 | No discrimination on grounds of religion, race, caste, sex or place of birth. |
| 16 | Equality of opportunity in public employment. |
| 17 | Abolition of untouchability. |
| 18 | Abolition of titles (except military and academic distinctions). |
| 19 | Six freedoms: speech and expression; to assemble peacefully; to form associations, unions or co-operative societies; to move freely; to reside and settle; to practise any profession, trade or business. |
| 20 | Protection in respect of conviction for offences (no ex post facto law, no double jeopardy, no self-incrimination). |
| 21 | Protection of life and personal liberty. |
| 21A | Free and compulsory education for children aged 6 to 14 (added by the 86th Amendment, 2002). |
| 22 | Protection against arrest and detention in certain cases. |
| 23 | Ban on traffic in human beings and forced labour. |
| 24 | Ban on employment of children below 14 in factories, mines and hazardous work. |
| 25 | Freedom of conscience and free profession, practice and propagation of religion. |
| 26 | Freedom to manage religious affairs. |
| 27 | No tax to be paid for the promotion of any religion. |
| 28 | Freedom from religious instruction in certain educational institutions. |
| 29 | Protection of the language, script and culture of minorities. |
| 30 | Right of minorities to establish and run educational institutions. |
| 32 | Right to move the Supreme Court for enforcement of Fundamental Rights. |
Article 32 and the five writs
Dr B. R. Ambedkar called Article 32 the “heart and soul of the Constitution”. The Supreme Court issues writs under Article 32 and the High Courts under Article 226.
| Writ | Meaning |
|---|---|
| Habeas Corpus | "To have the body": produce a detained person before the court. |
| Mandamus | "We command": orders a public official to do a duty. |
| Prohibition | Stops a lower court from going beyond its jurisdiction. |
| Certiorari | "To be certified": transfers or quashes the order of a lower court. |
| Quo Warranto | "By what authority": asks a person by what right they hold a public office. |
Fundamental Rights during an Emergency
During a National Emergency (Article 352), the President can suspend the right to move the courts for Fundamental Rights (Article 359). Since the 44th Amendment, Articles 20 and 21 cannot be suspended.
Quick revision
- Part III, Articles 12 to 35; taken from the US Bill of Rights.
- Rights available only to citizens: Articles 15, 16, 19, 29 and 30.
- Right to Property removed by the 44th Amendment (1978); now Article 300A.
- Article 21A (education) added by the 86th Amendment (2002).
- Article 19 originally had seven freedoms; the freedom to acquire and dispose of property was removed in 1978.
- “Co-operative societies” were added to Article 19(1)(c) by the 97th Amendment (2011).