Fundamental Rights || Upssscpet 2025
Fundamental Rights
Fundamental Rights are the basic human rights guaranteed to all citizens of India by the Constitution of India. These rights are mentioned in Part III (Articles 12 to 35) of the Constitution and are justiciable, meaning they can be enforced by the courts.
Here’s a simplified overview of the 6 Fundamental Rights
| Fundamental Right | Article(s) | Explanation (Easy Language) |
|---|---|---|
| 1. Right to Equality | Articles 14–18 | Every citizen is equal before the law. No discrimination based on religion, race, caste, sex, or place of birth. |
| 2. Right to Freedom | Articles 19–22 | Includes freedom of speech, expression, movement, assembly, association, residence, and profession. Also protects against arbitrary arrest and detention. |
| 3. Right against Exploitation | Articles 23–24 | Prohibits human trafficking, forced labour, and child labour (children below 14 in hazardous jobs). |
| 4. Right to Freedom of Religion | Articles 25–28 | Every person has the right to practice, profess, and propagate any religion peacefully. State must not interfere in religious affairs. |
| 5. Cultural and Educational Rights | Articles 29–30 | Protects the rights of minorities to preserve their culture and establish/manage their own educational institutions. |
| 6. Right to Constitutional Remedies | Article 32 | If any fundamental right is violated, a person can go to the Supreme Court or High Court for justice. Called the "heart and soul" of the Constitution (Dr. Ambedkar). |
Important Notes
- Dr. B.R. Ambedkar called Article 32 the "Heart and Soul" of the Constitution.
- Fundamental Rights can be suspended during a national emergency, except the Right to Life (Article 21).
- These rights are available only to citizens, except some (like Articles 14 and 21) which are also available to non-citizens.
Right to Equality (Articles 14 - 18)
The Right to Equality ensures that every person is treated equally before the law. It is a key pillar of democracy and aims to eliminate discrimination.
| Article | Provision |
|---|---|
| Article 14 | Equality before law and equal protection of laws |
| Article 15 | Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth |
| Article 16 | Equality of opportunity in public employment |
| Article 17 | Abolition of untouchability |
| Article 18 | Abolition of titles (like Raja, Nawab, Sir) by the state |
Mnemonic to Remember Articles 14–18 (E.D.J.U.T):
E – Equality before law (Art 14)
D – Discrimination prohibited (Art 15)
J – Job opportunity for all (Art 16)
U – Untouchability abolished (Art 17)
T – Titles abolished (Art 18)
Right to Freedom (Articles 19 - 22)
The Right to Freedom is one of the most important fundamental rights. It gives every citizen the liberty to live with dignity and express themselves freely in a democratic society.
| Article | Provision |
|---|---|
| Article 19 | 6 basic freedoms to citizens (explained below) |
| Article 20 | Protection in respect of conviction for offences |
| Article 21 | Protection of life and personal liberty |
| Article 21A | Right to education (for children aged 6 to 14 years) |
| Article 22 | Protection against arrest and detention in certain cases |
Article 19: 6 Freedoms
Every citizen has the right to:
- Freedom of speech and expression
- Freedom to assemble peacefully
- Freedom to form associations/unions
- Freedom to move freely throughout India
- Freedom to reside and settle in any part of India
- Freedom to practice any profession, or carry on any occupation, trade or business.
| Article | Simple Meaning |
|---|---|
| 20 | No one can be punished under a law that did not exist at the time of the offence. Double punishment and self-incrimination are not allowed. |
| 21 | Right to life and personal liberty – includes right to privacy, clean environment, legal aid, etc. |
| 21A | Right to free and compulsory education for children (6 to 14 years) |
| 22 | Right to protection from illegal arrest or detention. Also includes rights of people arrested under preventive detention. |
Mnemonic to Remember Articles 19–22: "SAFE"
S – Speech & other freedoms (Art 19)
A – Arrest protection (Art 22)
F – Fair trial and protection in crime (Art 20)
E – Existence with dignity (Right to Life - Art 21 & Education - 21A)
Right against Exploitation (Articles 23 - 24)
The Right against Exploitation protects citizens, especially the poor and vulnerable, from being misused, forced, or exploited in any form. It ensures human dignity by banning unfair practices.
| Article | Provision |
|---|---|
| Article 23 | Prohibition of human trafficking and forced labour |
| Article 24 | Prohibition of child labour in hazardous jobs (below 14 years of age) |
| Point | Explanation |
|---|---|
| Article 23 | Stops people from being sold, bought, or forced to work without pay (begar). Human trafficking is a crime. |
| Article 24 | Children below the age of 14 cannot be made to work in factories, mines, or other dangerous jobs. |
Mnemonic to Remember: "HF = Human + Forced + Factory ban"
- H – Human trafficking banned (Art 23)
- F – Forced and child labour banned (Art 24)
📌 Key Takeaways
- Human dignity is protected.
- Exploitation is a punishable offence.
- Even private individuals or groups cannot force others to work under unfair conditions.
Right to Freedom of Religion (Articles 25 - 28)
The Right to Freedom of Religion guarantees that every person in India is free to follow, practice, and promote any religion. It also protects the rights of individuals to live without religious interference from the state.
| Article | Provision |
|---|---|
| Article 25 | Freedom of conscience and free profession, practice, and propagation of religion |
| Article 26 | Freedom to manage religious affairs |
| Article 27 | No person shall be forced to pay taxes for promotion of any religion |
| Article 28 | Freedom from religious instruction in certain educational institutions |
| Point | Explanation |
|---|---|
| Article 25 | You can believe in any religion or not believe at all. You can pray, preach, and follow your faith freely. |
| Article 26 | Religious groups can run their own temples, mosques, churches, and manage their religious activities. |
| Article 27 | Government cannot use your tax money to support or promote any religion. |
| Article 28 | No religious teaching in government-funded schools. Exceptions for private and minority institutions. |
Mnemonic to Remember: “P.M.T.E” (Pray – Manage – Tax – Education)
- P – Practice & Propagate (Art 25)
- M – Manage religious affairs (Art 26)
- T – No Tax for religion (Art 27)
- E – No religious Education in govt schools (Art 28)
🕌 Key Features:
- India is a secular country – it does not favor any religion.
- This right is available to both citizens and non-citizens.
- Restrictions can apply in case of public order, health, or morality.
Cultural and Educational Rights (Articles 29 - 30)
The Cultural and Educational Rights protect the rights of religious and linguistic minorities to preserve their unique culture and set up their own educational institutions. These rights promote diversity and inclusion in India.
| Article | Provision |
|---|---|
| Article 29 | Protection of the interests of minorities |
| Article 30 | Right of minorities to establish and administer educational institutions |
| Point | Explanation |
|---|---|
| Article 29 | Any group of people with a distinct language, script, or culture has the right to preserve and promote their heritage. No discrimination in getting admission to educational institutions. |
| Article 30 | Minorities (based on religion or language) have the right to open and manage their own schools or colleges. They can get aid from the government without losing their management rights. |
Who are Minorities?
- Defined based on language or religion (not caste).
- Can be religious minorities (e.g., Muslims, Christians, Sikhs) or linguistic minorities (e.g., Tamils in Maharashtra, Bengalis in Rajasthan).
🧠 Mnemonic to Remember: "P.E." – Preserve & Educate
- P – Preserve culture, language, and script (Art 29)
- E – Establish and manage educational institutions (Art 30)
📌 Key Points
- Ensures inclusiveness and protection of diversity.
- Promotes equal educational opportunity without forcing minorities to give up their identity.
- Helps create a pluralistic society where all communities can grow with respect.
Right to Constitutional Remedies (Article 32)
The Right to Constitutional Remedies is the guardian of all other Fundamental Rights. It gives citizens the power to go to court if any of their fundamental rights are violated. This right ensures that justice is accessible to everyone.
| Article | Provision |
|---|---|
| Article 32 | Right to move the Supreme Court or High Courts for enforcement of Fundamental Rights |
| Point | Explanation |
|---|---|
| What it means | If any of your fundamental rights (like freedom, equality, etc.) are denied, you can directly go to the Supreme Court or High Court for help. |
| Why it’s important | It protects all other rights—without this, rights would be meaningless if they couldn’t be enforced. |
| Called the "Heart and Soul" | Dr. B.R. Ambedkar called Article 32 the "heart and soul of the Constitution". |
| Available to | Only citizens, for enforcement of Fundamental Rights (not for legal or civil rights). |
| Writ Name | Purpose (Easy Meaning) |
|---|---|
| Habeas Corpus | "Produce the body" – To release a person who is illegally detained. |
| Mandamus | "We command" – Court orders an authority to perform its duty. |
| Prohibition | Stops a lower court from exceeding its powers. |
| Certiorari | Transfers a case to a higher court or quashes an illegal order. |
| Quo Warranto | "By what authority" – Challenges the legality of a person holding a public office. |
Mnemonic to Remember the 5 Writs: "Hi Ma'am Please Come Quick"
- H – Habeas Corpus
- M – Mandamus
- P – Prohibition
- C – Certiorari
- Q – Quo Warranto
- You can directly approach the Supreme Court under Article 32.
- High Courts can also be approached under Article 226 (broader powers than Article 32).
- Only Fundamental Rights can be protected using Article 32.
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