CHAPTER -6 Working of the Constitution
Fundamental Rights: Constitutional Provisions in the Indian
Constitution
The Fundamental Rights are a cornerstone of the Indian Constitution, enshrined in Part
III (Articles 12 to 35). They represent the basic human freedoms and civil liberties that
every Indian citizen is entitled to, regardless of religion, race, caste, sex, or place of birth.
These rights act as powerful checks on the arbitrary exercise of power by the State, and
ensure the protection of individual dignity, liberty, and equality in a democratic society.
The idea of Fundamental Rights in India was inspired by several global and historical
sources. One of the most significant influences was the Bill of Rights in the U.S.
Constitution, which established enforceable civil liberties. Another source was the Universal
Declaration of Human Rights (1948), adopted by the United Nations.
The original Constitution of India, which came into force on 26th January 1950, included
seven Fundamental Rights. However, through the 44th Amendment Act (1978), the Right
to Property was removed from Part III and made a legal right under Article 300A. Today, six
Fundamental Rights are guaranteed under the Constitution.
Jawaharlal Nehru, during the framing of the Constitution, noted: “Fundamental Rights are
intended to confer certain large rights on individuals and to limit the authority of the State.”
These rights were framed keeping in mind India's long history of social exclusion, colonial
repression, and denial of civil liberties to marginalized groups.
The recommendations for the inclusion of Fundamental Rights were first proposed by the
Swaraj Bill (1928) drafted by the Motilal Nehru Committee, which demanded civil liberties
for Indians under British rule. This laid the intellectual foundation for the rights later enshrined
in the Constitution.
Fundamental Rights are not just symbolic—they are legally enforceable. Article 32 gives the
right to move the Supreme Court for the enforcement of these rights, which Dr. Ambedkar
called “the very soul of the Constitution”.
Constitutional Provisions
Article 12 – Definition of the State
Article 13 – Laws Inconsistent with or in Derogation of Fundamental Rights
Articles 14 to 18 - Right to Equality
Articles 19 to - Right to Freedom
Articles 23 and 24- Right against Exploitation
Articles 25 to 28- Right to Freedom of Religion
Articles 29 and 30- Cultural and Educational Rights
Article 32- Right to Constitutional Remedies
Classification of Fundamental Rights (Articles 14 to 32)
1. Article 14 – Right to Equality before Law and Equal Protection of the Laws
Guarantees equality before the law to all persons within the territory of India.
Prevents the State from discriminating arbitrarily.
“Equality before law” is a negative concept (no special privileges), borrowed from
British law.
“Equal protection of the laws” is a positive concept (equal treatment in similar
circumstances), inspired by the U.S. Constitution.
2. Article 15 – Prohibition of Discrimination
Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
Allows special provisions for:
o Women and children.
o Socially and educationally backward classes (SEBCs).
o SCs and STs (affirmative action like reservations).
3. Article 16 – Equality of Opportunity in Public Employment
Provides equal opportunity for all citizens in matters of public employment or
office.
Permits reservation for:
o SCs, STs, and SEBCs.
o Economically Weaker Sections (EWS).
o Residents of backward areas.
4. Article 17 – Abolition of Untouchability
Abolishes untouchability and forbids its practice in any form.
It is a punishable offence under the Protection of Civil Rights Act, 1955.
5. Article 18 – Abolition of Titles
Prohibits the State from conferring any titles, except military or academic
distinctions.
Citizens cannot accept titles from foreign states.
Titles like ‘Raja’, ‘Nawab’, or British honours like ‘Sir’ are banned.
6. Article 19 – Protection of Six Freedoms
Available to citizens only, Article 19 guarantees:
1. Freedom of speech and expression
2. Freedom to assemble peacefully
3. Freedom to form associations or unions
4. Freedom to move freely throughout India
5. Freedom to reside and settle anywhere
6. Freedom to practice any profession or occupation
These freedoms are subject to reasonable restrictions in the interest of sovereignty,
public order, morality, etc.
7. Article 20 – Protection in Respect of Conviction
No ex post facto law: Can’t be punished for a crime committed before it was made
illegal.
No double jeopardy: Cannot be tried twice for the same offence.
No self-incrimination: Cannot be forced to testify against oneself.
8. Article 21 – Protection of Life and Personal Liberty
No person shall be deprived of life or personal liberty except by due process of law.
Interpreted broadly by the Supreme Court to include:
o Right to privacy
o Right to live with dignity
o Right to education (now Article 21A)
o Right to clean environment, etc.
9. Article 21A – Right to Education
Introduced by the 86th Amendment Act (2002).
Guarantees free and compulsory education to all children aged 6 to 14 years.
Implemented through the Right to Education Act (2009).
10. Article 22 – Protection Against Arbitrary Arrest and Detention
Rights of arrested persons:
o Right to be informed of reasons for arrest.
o Right to consult a lawyer.
o Right to be produced before a magistrate within 24 hours.
Also provides for preventive detention, but with safeguards.
11. Article 23 – Prohibition of Human Trafficking and Forced Labour
Prohibits:
o Trafficking of human beings
o Begar (forced labour without payment)
Punishable under law.
12. Article 24 – Prohibition of Child Labour
Prohibits employment of children below the age of 14 in:
o Factories
o Mines
o Other hazardous occupations
13. Article 25 – Freedom of Religion
All persons are equally entitled to:
o Freedom of conscience
o Right to freely profess, practice, and propagate religion
Subject to public order, morality, and health.
14. Article 26 – Freedom to Manage Religious Affairs
Every religious denomination has the right to:
o Establish and manage institutions
o Own and acquire property
o Administer religious affairs
15. Article 27 – Freedom from Tax for Promotion of Religion
No person shall be forced to pay any religious taxes for the promotion of any
particular religion.
16. Article 28 – Freedom in Religious Instruction in Institutions
No religious instruction in government-funded institutions.
Religious education is allowed in private institutions.
17. Article 29 – Protection of Interests of Minorities
Rights of any section of citizens to:
o Conserve their language, script, or culture
o Access educational institutions without discrimination.
18. Article 30 – Rights of Minorities to Establish and Administer Educational Institutions
Religious and linguistic minorities have the right to:
o Establish and run their own educational institutions.
o Receive government aid without loss of autonomy.
19. Article 31 (Repealed)
The Right to Property was originally a Fundamental Right.
It was repealed by the 44th Amendment (1978) and made a legal right under
Article 300A.
20. Article 32 – Right to Constitutional Remedies
Gives citizens the right to approach the Supreme Court directly for the
enforcement of Fundamental Rights.
Dr. Ambedkar called it the "heart and soul of the Constitution."
🔹 Writs under Article 32: Concept and Types
A writ is a formal order issued by a court directing a person or authority to perform or
refrain from performing a particular act. Under Article 32, the Supreme Court (and
under Article 226, the High Courts) can issue the following five writs for enforcement of
Fundamental Rights:
Writ Purpose
Habeas Corpus “Produce the body”: To protect against illegal detention
Mandamus “We command”: Directs a public authority to perform its legal duty
Prohibition Issued to lower courts/tribunals to stop acting beyond their jurisdiction
Certiorari Supreme/High Court quashes unlawful orders of subordinate courts
Quo Warranto “By what authority”: Challenges a person’s right to hold a public office
Articles
Category Key Provisions
Covered
Equality before law (Art. 14),
Prohibition of discrimination (Art. 15),
Articles 14
1. Right to Equality Equality of opportunity (Art. 16),
to 18
Abolition of untouchability (Art. 17), and
abolition of titles (Art. 18).
Freedom of speech, assembly, association, movement,
residence, profession (Art. 19),
Protection in convictions (Art. 20),
Articles 19
2. Right to Freedom
to 22 Right to life and personal liberty (Art. 21),
Right to education (Art. 21A),
Protection against arrest (Art. 22).
3. Right against Articles 23 Prohibition of human trafficking and forced labour (Art.
Exploitation and 24 23), Prohibition of child labour (Art. 24).
Freedom of conscience and religion (Art. 25),
4. Right to Freedom Articles 25 Freedom to manage religious affairs (Art. 26),
of Religion to 28 Freedom from religious taxes (Art. 27),
Freedom in religious instruction (Art. 28).
Protection of interests of minorities (Art. 29),
5. Cultural and Articles 29
Right of minorities to establish and administer
Educational Rights and 30
educational institutions (Art. 30).
Articles
Category Key Provisions
Covered
6.Right to Right to move the Supreme Court for enforcement of
Article 32
Constitutional Fundamental Rights, including issuance of writs like
Remedies Habeas Corpus, Mandamus, Prohibition, etc.
Conclusion
Fundamental Rights in the Indian Constitution are essential for ensuring justice, liberty,
equality, and dignity of the individual. They reflect the commitment of the Indian State to
uphold democratic values and the rule of law. As living provisions, they have evolved through
judicial interpretation to address contemporary challenges and ensure the protection of every
citizen’s core freedoms.
