Polity gives a lot of questions in Punjab papers, and inside Polity, Fundamental Rights is the chapter I would never skip. The questions are factual and repeat in new words: which article, which amendment, which right is only for citizens. If you know the article numbers cold, these are free marks. Read this chapter from Laxmikanth once, then use this page for your 1-7-30 revisions.
What this topic covers
- Fundamental Rights are in Part III of the Constitution, Articles 12 to 35.
- The idea was borrowed from the USA (Bill of Rights).
- Part III is called the Magna Carta of India.
- They are justiciable: if one is violated you can go directly to the Supreme Court (Article 32) or a High Court (Article 226).
- They are not absolute. The State can put reasonable restrictions on most of them.
The six Fundamental Rights
| 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 |
Originally there were seven. Right to Property (Articles 19(1)(f) and 31) was removed by the 44th Amendment Act, 1978. Property is now only a legal right under Article 300A (Part XII). This single line has been asked in many forms.
Article by article
- Article 12: defines "State" for Part III.
- Article 13: any law that conflicts with Fundamental Rights is void. This is the base of judicial review.
- Article 14: equality before law and equal protection of laws.
- Article 15: no discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 16: equality of opportunity in public employment.
- Article 17: abolition of untouchability.
- Article 18: abolition of titles (military and academic distinctions are allowed).
- Article 19: six freedoms for citizens: speech and expression, assembling peacefully without arms, forming associations or unions or co-operative societies, moving freely, residing and settling anywhere in India, and any profession or trade.
- Article 20: protection in respect of conviction for offences (no ex-post-facto law, no double jeopardy, no self-incrimination).
- Article 21: protection of life and personal liberty.
- Article 21A: free and compulsory education for children aged 6 to 14, added by the 86th Amendment, 2002.
- Article 22: protection against arrest and detention. An arrested person must be produced before a magistrate within 24 hours.
- Article 23: ban on human trafficking and forced labour (begar).
- Article 24: no child below 14 years in factories, mines or hazardous work.
- Article 25: freedom of conscience and to profess, practise and propagate religion.
- Article 26: freedom to manage religious affairs.
- Article 27: no tax to promote a particular religion.
- Article 28: no religious instruction in institutions wholly funded by the State.
- Article 29: protection of the interests of minorities (language, script, culture).
- Article 30: right of minorities to set up and run educational institutions.
- Article 32: right to move the Supreme Court. Dr B.R. Ambedkar called it the "heart and soul" of the Constitution.
How it is asked in the exam
Most questions fall into five patterns:
- Article to right: "Article 17 deals with?" (untouchability). "Which article abolishes titles?" (18).
- Amendment links: Right to Property removed by the 44th Amendment; Article 21A added by the 86th; co-operative societies added to Article 19(1)(c) by the 97th Amendment, 2011.
- Citizens only: Articles 15, 16, 19, 29 and 30 are only for citizens. A typical trap gives Article 14 or 21 as an option. Both are for every person, including foreigners.
- Writs: the five writs and what each one means.
- Emergency: which rights stay in force during a National Emergency.
The five writs (Article 32 and Article 226)
| Writ | Literal meaning | Used to |
|---|---|---|
| Habeas Corpus | "to have the body" | free a person detained illegally |
| Mandamus | "we command" | order a public official to do a legal duty |
| Prohibition | "to forbid" | stop a lower court from exceeding its jurisdiction |
| Certiorari | "to be certified" | quash an order already passed by a lower court |
| Quo Warranto | "by what authority" | stop a person from holding a public office illegally |
High Courts have wider writ powers than the Supreme Court. Under Article 226 they can issue writs for legal rights too, not only for Fundamental Rights.
A Punjab connection worth remembering
Explanation I to Article 25 says that wearing and carrying kirpans is included in the profession of the Sikh religion. This has been asked directly, and it is the kind of fact Punjab paper setters like.
Points to remember
- Articles 20 and 21 cannot be suspended even during a National Emergency (44th Amendment).
- Article 19 is suspended automatically when a National Emergency is declared on the ground of war or external aggression, not armed rebellion.
- Kesavananda Bharati (1973): Parliament can amend Fundamental Rights but cannot change the basic structure.
- Maneka Gandhi (1978): gave Article 21 a wide meaning. Many rights, such as privacy, now come from it.
- Articles 33 and 34: Parliament can restrict rights of the armed forces and police (33), and during martial law (34).
- Fundamental Duties are a different chapter: Part IVA, Article 51A, added by the 42nd Amendment, 1976. Don't mix the two.
Common mistakes
- Writing seven rights. It is six today.
- Thinking Article 21 is only for citizens. It is for every person.
- Confusing Certiorari (cancels an order already passed) with Prohibition (stops a case before the order).
- Calling Right to Property a constitutional right. It is a legal right under Article 300A.
Practise straight after reading
Revise this page tomorrow, then after 7 days and after 30 days. After the first revision, solve at least 100 Polity questions on Fundamental Rights from the quiz section, and every time you get one wrong, write the article number in your notebook.