Fundamental Rights | Part III of Constitution
The Magna Carta of India. Articles 12-35 that guarantee civil liberties to all citizens and protect them from state overreach.
Overview: The Bedrock of Liberty
Fundamental Rights (FR) are enshrined in Part III of the Constitution from Articles 12 to 35. They are called 'fundamental' because they are guaranteed and protected by the Constitution, which is the fundamental law of the land.
Justiciable Nature
Classification of Rights
Right to Equality
Equality before law and prohibition of discrimination.
Right to Freedom
Freedom of speech, assembly, association, and life.
Right against Exploitation
Prohibition of forced labor and child labor.
Freedom of Religion
Freedom of conscience and free profession of religion.
Cultural & Educational
Protection of interests of minorities.
Constitutional Remedies
The 'Heart and Soul' of the Constitution (Dr. Ambedkar).
UPSC Relevance: Key Concepts
Reasonable Restrictions
Fundamental Rights are not absolute but qualified. The state can impose reasonable restrictions on them on grounds like sovereignty, security, public order, and morality.
Suspension during Emergency
During a National Emergency, all FRs can be suspended except those guaranteed by Articles 20 and 21. This was established after the 44th Amendment Act.
Prelims Pointers
- Rights available only to citizens: Art 15, 16, 19, 29, 30.
- Rights available to both citizens and foreigners: Art 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28.
- Article 32 gives the power of Writs to SC (HC under Art 226).
- The Parliament can amend FRs provided they don't alter the 'Basic Structure' (Kesavananda Bharati case, 1973).