The Fundamental Rights are named so because they are protected and guaranteed by the Constitution. The Constitution is the fundamental law of India.
- Fundamental Rights are included in Part 3 of the Indian Constitution (Articles 14 to 35).
- They are inspired by the Constitution of the USA, specifically the Bill of Rights.
- Part 3 is referred to as the Magna Carta of India.
- It contains a comprehensive and extensive list of ‘justiciable’ Fundamental Rights.
- Fundamental duties and Fundamental Rights are complementary to each other.
For a successful democracy, both Fundamental Rights and Fundamental Duties must co-exist.
In this article, we will discuss in detail the fundamental rights of the Indian Constitution.
Exam Relevance
The topic is highly relevant for most government exams like SSC, Banking, Railways, and recruitment in other State exams. It forms a core part of the Indian Polity and Constitution syllabus. Questions frequently test knowledge of Articles 12-35, including the Right to Equality (Articles 14-18), the Right to Freedom (Articles 19-22), and Constitutional Remedies (Article 32). Mastering this material is important for scoring well in the General Awareness/General Studies section.
What are the Fundamental Rights of the Indian Constitution?
The Fundamental Rights in the Indian Constitution are more detailed than those in any other country. These rights are guaranteed to everyone without discrimination. They support the idea of political democracy. Additionally, they protect people’s freedoms from government interference. The goal is to create a system where laws, not individuals, govern the country.
What are the Fundamental Rights of the Indian Constitution?
Originally, the Indian Constitution provided 7 Fundamental Rights. These rights have now been revised to 6 Fundamental Rights. The present 6 fundamental rights of the Indian Constitution are given below:
1. Right to equality (Articles 14–18)
2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29-30)
6. Right to constitutional remedies (Article 32-35)
The “Right to Property” was removed from the list of Fundamental Rights of the Constitution. This change occurred due to the 44th Constitutional Amendment Act of 1978. The right was then made a legal right under Article 300-A in Part 12 of the Indian Constitution.
List of the 6 Fundamental Rights of the Indian Constitution
| Fundamental Rights | Articles |
| 1. Right to equality | (a) Article 14 – Equal protection of laws and Equality before law. (b) Article 15 – Prohibition of discrimination on grounds of religion, caste, sex, place of birth or race. (c) Article 16 – Equality of opportunity in terms of public employment. (d) Article 17 – Abolition of untouchability and prohibition of its practice. (e) Article 18 – Abolition of titles except military and academic. |
| 2. Right to freedom | (a) Article 19 – Protection of six rights regarding freedom of: speech and expression, assembly, association, movement, residence, and profession(b) Article 20 – Protection in a conviction for offences. (c) Article 21 – Protection of life and personal liberty. (d)Article 21A – Right to elementary education. (e) Article 22 – Protection against arrest and detention in certain cases. |
| 3. Right against exploitation | (a) Article 23 – Prohibition of traffic in forced labour and human beings. (b) Article 24 – Prohibition of employment of children in Companies and factories, etc. |
| 4. Right to freedom of religion | (a) Article 25 – Freedom of conscience and free profession, practice and propagation of religion. (b) Article 26 – Freedom to manage religious affairs. (c) Article 27 – Freedom from payment of taxes for promotion of any religion or religious affairs.(d) Article 28 – Freedom from attending religious instruction or worship in certain educational institutions |
| 5. Cultural and educational rights | (a) Article 29 – Protection of language, script and culture of minorities. (b) Article 30 – Rights of minorities to establish and administer educational institutions. |
| 6. Right to constitutional remedies | (a) Article 32 – Right to move the Supreme Court for the enforcement of fundamental rights, including the writs of Habeas corpus,Mandamus,Prohibition,Certiorari,Quo Warranto(b) Article 33 – Provides the Parliament with the authority to limit or abolish the fundamental rights of “Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, and analogous forces”.(c) Article 34 – Provides for the restrictions on fundamental rights while martial law(military rule) is in force.(d) Article 35 – Empowers the Parliament to make laws on Fundamental Rights. |
1. Right to equality (Article 14 – Article 18)
It is guaranteed that there is equality before the law and equal protection under the law. Discrimination on certain grounds such as religion, race, caste, sex, or place of birth is prohibited. This ensures equality of opportunity in matters of public employment. Untouchability must be abolished, and its practice is prohibited. Additionally, all titles, except for military and academic ones, should be abolished.
2. Right to freedom (Article 19 – Article 22)
The six rights regarding freedom of speech and expression, assembly, association, movement, residence, and profession are protected.
- Rights are safeguarded only against state action, not private individuals.
- These rights are available only to citizens, not to foreigners.
- There is protection against excessive and arbitrary punishment for accused individuals, applicable to both citizens and foreigners.
- The right to freedom states that no person shall be deprived of life or personal liberty except according to a procedure established by law.
- The state is mandated to provide free and compulsory education to all children aged six to fourteen years.
- Protection is granted to persons who are arrested or detained.
3. Right against exploitation (Article 23 – Article 24)
It prohibits human trafficking and forced labor. It also prohibits other similar forms of forced labor. Additionally, it forbids the employment of minor children under the age of 14 years. This includes work in any mine, factory, or other hazardous activities, such as construction work or railway work.
4. Right to freedom of religion (Article 25 – Article 28)
Everyone has the right to freedom of conscience and can practice, share, and promote their religion freely. Every religious section shall have the following rights:
- Maintain and establish institutions for religious and charitable purposes
- Manage its own affairs in matters of religion
- Acquire and own movable and immovable property
- Administer such property in accordance with the law
Freedom from Taxation for the Promotion of a Religion: No person shall be compelled to pay any taxes. This is for the maintenance or promotion of any particular religious denomination. It also applies to any sect.
5. Cultural and educational rights (Article 29- Article 30)
Any section of the citizens in any part of India having a definite script, culture, or language of its own shall have the right to conserve it.
- No citizen shall be denied admission to any educational institution maintained by the State or receiving State funds solely based on:
- Caste
- Language
- Religion
- Race
- All minorities have the right to establish and administer educational institutions of their choice.
6. Right to constitutional remedies (Article 32- Article 35)
The Right to Constitutional Remedies is one of the fundamental rights guaranteed to the citizens of India. It is enshrined in Article 32 and Article 226 of the Indian Constitution. This sixth fundamental right ensures that citizens have access to justice. It allows them to seek redress for violations of their fundamental rights. Essentially, the right to have one’s fundamental rights protected is a fundamental right in itself.
Article 32 empowers the Parliament to authorize any court to issue these writs, while Article 226 empowers all High Courts in India to do the same. The courts have the authority to issue various types of orders, including writs such as:
a. Habeas Corpus: A writ commands the authorities to produce a detained person before the court. It ensures their freedom if the detention is found to be illegal.
b. Mandamus: A writ that orders a public official or authority to perform a specific duty. This duty is one they are legally obligated to do. However, they have not fulfilled this obligation.
c. Prohibition: A writ is issued by a higher court. Its purpose is to prevent a lower court or tribunal from exceeding its jurisdiction.
d. Certiorari: A writ is issued by a higher court. Its purpose is to quash the decision of a lower court or tribunal. This occurs if the lower court’s decision is found to be beyond its jurisdiction. It can also be quashed if it goes against the principles of natural justice.
e. Quo Warranto: A writ challenges the right or authority of a person holding a public office. It inquires into the legality of their appointment.
What are the Fundamental Rights of Indian Citizens Only?
Below is a list of the fundamental rights of the Indian Constitution. These rights are exclusive to Indian citizens only. They are not applicable to foreigners.
| Articles | Fundamental Rights |
| Article 15 | Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth |
| Article 16 | Equality of opportunity in matters of public employment |
| Article 19 | Protection of six rights regarding freedom of : (i) speech and expression, (ii) assembly, (iii) association, (iv) movement, (v) residence, and (vi) profession |
| Article 21 | Protection of life and personal liberty |
| Article 30 | Right of minorities to establish and administer educational institutions |
What are the Fundamental Rights for both Indian Citizens and Foreigners?
The Indian Constitution provides certain rights. These rights apply to both Indian and foreign citizens. Below are the right:
| Articles | Fundamental Rights |
| Article 14 | Equality before the law and equal protection of laws |
| Article 20 | Protection in respect of conviction for offences |
| Article 21 | Protection of life and personal liberty |
| Article 21A | Right to elementary education |
| Article 22 | Protection against arrest and detention in certain cases |
| Article 23 | Prohibition of traffic in human beings and forced labour. |
| Article 24 | Prohibition of the employment of children in factories, etc. |
| Article 25 | Freedom of conscience and free profession, practice and propagation of religion |
| Article 26 | Freedom to manage religious affairs. |
| Article 27 | Freedom from payment of taxes for the promotion of any religion |
| Article 28 | Freedom from attending religious instruction or worship in certain educational institutions) |
What are the Features of the Fundamental Rights of the Indian Constitution?
Below are some of the features of the 6 Fundamental Rights of the Indian Constitution:
1. Some Fundamental Rights are only available to citizens. Other rights are available to all individuals. This includes legal persons like corporations or companies, as well as foreigners.
2. Fundamental Rights are not absolute but qualified.
3. The state can impose reasonable restrictions on them.
4. Some of them place limitations on the authority of the State. These limitations are negative in character.
5. If and when they are violated, they allow persons to move the courts. This is done for their enforcement.
6. Fundamental Rights are justifiable.
7. They are guaranteed and defended by the Supreme Court.
8. During the operation of a National Emergency, certain rights can be suspended. However, the rights guaranteed by Articles 20 and 21 cannot be suspended.
Frequently Asked Questions
1. What are the 6 Fundamental Rights in the Indian Constitution?
The 6 Fundamental Rights in the Indian Constitution are:
- Right to equality
- Right to freedom
- Right against exploitation
- Right to freedom of religion
- Cultural and educational rights
- Right to constitutional remedies.
2. What does Article 19 say?
Article 19 of the Indian Constitution describes that the” Protection of six rights regarding freedom of:
- speech and expression,
- assembly,
- association,
- movement,
- residence,
- profession.
3. Which articles are available only to Indian citizens?
The articles below are available to Indian citizens only.
- Article 15
- Article 16
- Article 19
- Article 21
- Article 30
4. What is Article 21A?
Article 21A describes the Right to elementary education. It also provides that the State shall provide free and compulsory education to all children between the ages of six and fourteen years.
5. How many articles are included in the Right to Equality?
There are a total of 5 articles included in the right to equality that are Article 14, Article 15, Article 16, Article 17, Article 18.
6. The Fundamental Rights of India are taken from which country?
The Fundamental Rights in India are taken from the Constitution of the USA. The Fundamental rights are basic rights provided to the people in order to live with dignity and integrity.
