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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.

RightArticles
Right to Equality14 to 18
Right to Freedom19 to 22
Right against Exploitation23 and 24
Right to Freedom of Religion25 to 28
Cultural and Educational Rights29 and 30
Right to Constitutional Remedies32

Important articles

ArticleWhat it says
14Equality before law and equal protection of laws.
15No discrimination on grounds of religion, race, caste, sex or place of birth.
16Equality of opportunity in public employment.
17Abolition of untouchability.
18Abolition of titles (except military and academic distinctions).
19Six 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.
20Protection in respect of conviction for offences (no ex post facto law, no double jeopardy, no self-incrimination).
21Protection of life and personal liberty.
21AFree and compulsory education for children aged 6 to 14 (added by the 86th Amendment, 2002).
22Protection against arrest and detention in certain cases.
23Ban on traffic in human beings and forced labour.
24Ban on employment of children below 14 in factories, mines and hazardous work.
25Freedom of conscience and free profession, practice and propagation of religion.
26Freedom to manage religious affairs.
27No tax to be paid for the promotion of any religion.
28Freedom from religious instruction in certain educational institutions.
29Protection of the language, script and culture of minorities.
30Right of minorities to establish and run educational institutions.
32Right 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.

WritMeaning
Habeas Corpus"To have the body": produce a detained person before the court.
Mandamus"We command": orders a public official to do a duty.
ProhibitionStops 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).

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