Fundamental Rights in the Indian Constitution: Articles 12 to 35 at a glance

Articles 12 and 13: who is bound and what is void

Article 12 defines "the State" for Part III. Article 13 says that laws which are inconsistent with the fundamental rights are void to the extent of the inconsistency. Together they explain whom the rights protect you against and why courts can strike laws down.

The six fundamental rights

Each right sits in a block of articles. Learn the blocks first, then the detail inside them.

Right to Equality (Articles 14 to 18)

• Article 14: equality before the law and equal protection of the 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.

Right to Freedom (Articles 19 to 22)

• Article 19(1): freedom of speech and expression; to assemble peaceably and without arms; to form associations or unions; to move freely throughout India; to reside and settle in any part of India; and to practise any profession or carry on any occupation, trade or business.
• Article 20: protection in respect of conviction for offences.
• Article 21: protection of life and personal liberty.
• Article 21A: the right to education for children aged six to fourteen, added by the 86th Amendment in 2002.
• Article 22: protection against arrest and detention in certain cases.

Right against Exploitation (Articles 23 and 24)

• Article 23: prohibition of trafficking in human beings and forced labour.
• Article 24: prohibition of employing children below fourteen in factories, mines or other hazardous work.

Right to Freedom of Religion (Articles 25 to 28)

These articles cover freedom of conscience and the right to profess, practise and propagate religion, the freedom to manage religious affairs, and limits on compelled taxes and religious instruction in State institutions.

Cultural and Educational Rights (Articles 29 and 30)

• Article 29: protection of the interests of minorities, including their language, script and culture.
• Article 30: the right of minorities to establish and administer educational institutions.

Right to Constitutional Remedies (Article 32)

Article 32 lets a person go directly to the Supreme Court to enforce a fundamental right. High Courts have wider writ powers under Article 226.

Who is protected

Some rights are available only to citizens, for example Articles 15, 16, 19, 29 and 30. Others, such as Articles 14, 20, 21, 23, 24 and 25, are available to all persons within India, including non-citizens.

The five writs

• Habeas corpus: orders the production of a detained person before the court.
• Mandamus: commands a public authority to perform a public duty.
• Prohibition: a higher court stops a lower court or tribunal from exceeding its jurisdiction.
• Certiorari: quashes an order already made by a lower court or tribunal.
• Quo warranto: asks by what authority a person holds a public office.

What happened to the right to property

The right to property was once a fundamental right. The 44th Amendment (1978) removed it from Part III. Article 300A now provides that no person shall be deprived of property except by authority of law, so it remains a constitutional right but is no longer a fundamental right.

How to revise this topic

• Draw a table with the six rights in one column and their article numbers in the next.
• Write the five writs on one card with a one-line meaning of each.
• Note the two amendments above and the right they changed.
• Read the original text of Part III once, slowly, instead of relying only on summaries.