Fundamental Rights of Indian Constitution

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Fundamental Rights of Indian Constitution

Every person in a democratic nation must have certain rights that cannot be waived in order to retain their dignity, individuality, and freedom, which include the rights to life, movement, and speech. These rights are referred to as Fundamental Rights.

They are the protections against the state's unilateral actions. The goal of including fundamental rights in the constitution, notwithstanding its limitations, is to enable human growth and democratic progress.

In India, fundamental rights are enshrined in Part III of the constitution which in turn is regarded as the Magna Carta of the Indian Constitution.

All important and current affairs questions and answers related to the Constitution of India, Civil Rights, and Fundamental Rights for Kerala PSC examinations are covered in this section below.


Basic Facts

  • Part of the Indian Constitution which enshrines fundamental rights –  Part III.
  • The articles of the Constitution of India pertaining to the fundamental rights –  Articles 12 to 35.
  • The concept of fundamental rights is borrowed from – USA (The Bill of Rights).
  • Epithets of Fundamental Rights of India –
    • Magna Carta of India, 
    • Cornerstone of the Indian Constitution (ഇന്ത്യൻ ഭരണഘടനയുടെ ആണിക്കല്ല് )
    • സ്വാതന്ത്ര്യത്തിന്റെ വിളക്കുകൾ.
  • Defender and Guarantor of Fundamental Rights –  Supreme Court.
    • Guardian of Fundamental Rights  – Judiciary.
  • The Congress session that announced that the Declaration of Fundamental Rights would serve as the foundation for India's future – Madras Session, 1927.
    • President of 1927 Madras Session – M.A. Ansari.
  • Name the historical report that proposed the necessity for fundamental rights in India for the first time – the Nehru report (1928).
  • The session of the Indian National Congress adopted a resolution on Fundamental Rights and Economic and Social Change – 1931 Karachi Session.
    • INC president  – Sardar Vallabhai Patel.
  • Chief Architect of Fundamental Rights – Sardar Vallabhai Patel.
    • Chairman of the Committee on Fundamental Rights and Minorities of the Constituent Assembly – Sardar Vallabhai Patel.
  • Chairman of Fundamental Rights Sub-committee of Constituent Assembly – J. B. Kripalani.
  • No. of fundamental rights that existed when the Constitution came into force –  7.
  • No. of Fundamental Rights constitution at present has –  6.
  • The power to amend fundamental rights rests with the – Parliament.
  • The power to enforce the Fundamental Rights in the Constitution is vested in – Supreme Court & High Courts.
  • The constitutional amendment that allows Parliament to amend constitutional provisions such as fundamental rights – 24th Amendment.
  • Name the article that gave Parliament the power to amend any part of the Constitution – Article 368.
  • The case which is known as the 'Fundamental Rights Case' – Keshvanand Bharti Vs. Kerala State (1973).
  • The court case under which Parliament got the right to amend Fundamental Rights – Keshvanand Bharti Vs. Kerala State (1973).
    • The Sajjan Singh case (1965) was the first time the Supreme Court granted Parliament the authority to change any part of the Constitution. This verdict, however, was reversed in the 1967 Golaknath case.
  • The lawsuit in which the Supreme Court held that the Indian Constitution is founded on the bedrock of the balance between the Fundamental Rights and the Directive Principles – Minerva Mills Ltd. & Ors vs Union Of India & Ors (1980).
  • Fundamental Rights may be suspended during the – declaration of emergency (internal or external).
  • The provisions concerning the suspension of Fundamental Rights during emergencies were borrowed from the constitution of – Weimar Constitution (Germany).
  • The authority that has the power to revoke fundamental rights in times of emergency is – President.
    • under Article 359 of the Constitution.
  • The Constitutional Amendment which gave precedence to the Directive Principles of State Policy over Fundamental Rights – 42nd Amendment.
    • The constitutional amendment which is also known as 'Mini-Constitution' – 42nd amendment.
  • The 'Golden triangle' of the Indian Constitution – Article 14 (Right to Equality), 19 (Right to Freedom) & 21 (Right to Life and Liberty).
  • Name the Fundamental Rights that can't be suspended during the enforcement of emergency under Article 359 of the Indian Constitution – Articles 20 & 21. 
  • Fundamental Right that cannot be suspended even during an emergency under Article 352 of the Constitution– Article 21 (Right of life).
    • Article 359 of the Indian Constitution – National Emergency (proclamation of an emergency due to war, external aggression, or armed rebellion).
  • Name the articles of the Constitution that deal with the fundamental rights given only to the citizens of India – Articles 15, 16, 19, 29 & 30.
  • The fundamental rights that are granted to citizens and foreign nationals alike are – Security of life and personal liberty (Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28).

Current Affairs
  • On January 3, 2023, the constitution bench of the Supreme Court issued a judgment in which it changed constitutional rights that could only be enforced against the government and its officials to rights that 'may be enforced even against private people other than the state or its instrumentalities.' Name the fundamental rights protected by this rule – Articles 19 & 21.

History

It was with the introduction of the Swaraj Bill (Constitution of India Bill) in 1895 by Lokmanya Tilak, the Indians began to think about the inclusion of fundamental rights.

The Swaraj Bill was written during the rise of Indian nationalism and Indians' increasingly outspoken desire for self-government. It discussed free speech, privacy, and the right to vote, among other things. 

The formation of such constitutionally protected fundamental human rights in India was influenced by historical precedents such as England's Bill of Rights (1689), the United States Bill of Rights, and France's Declaration of Human Rights.

With the introduction of Annie Besant's Commonwealth of India Bill, the topic became more active. What came next was the Nehru report.

Nehru Report (Nehru Committee Report)

  • Submitted on – August 15, 1928.
  • Approved on – August 28, 1928.
  • The Nehru Report was prepared by – Motilal Nehru.
    • Chairman – Motilal Nehru.
    • Secretary – Jawaharlal Nehru.
  • The memorandum to appeal for new dominion status and a federal set-up of government for the constitution of India – Nehru Report.
  • The congress session that demanded the dominion status of India from the British Government – 1928 Calcutta Session.
  • Mains points of the Nehru Report –
    • Dominion status for India
    • No religion
    • Equal rights for men and women as citizens.
    • Nineteen fundamental rights including the right to vote for men and women above 21 years of age.
  • Name the person who submitted 14 points rejecting the Nehru Report – Muhammad Ali Jinnah (1929).


List of Fundamental Rights


Fundamental RightsArticleDetails
Right to Equality14Equality Before Law
15Prohibition of Discrimination
16Equality of Opportunity in Public Employment
17Abolition of Untouchability
18Abolition of Titles
Right to Freedom19Protection of 6 Rights
  • Right to freedom of speech and expression.
  • Right to assemble peaceably and without arms.
  • Right to form associations or unions or co-operative societies.
  • Right to move freely throughout the territory of India.
  • Right to reside and settle in any part of the territory of India.
  • Right to practice any profession or to carry on any occupation, trade, or business.
20Protection in Respect of Conviction for Offences
21Protection of Life and Personal Liberty
21ARight to Education
22Protection Against Arrest and Detention
Right Against Exploitation23Prohibition of Human Trafficking and Forced Labour
24Prohibition of Child Labour
Right to Freedom of Religion25Freedom of Conscience, Profession, Practice, and Propagation
26Freedom to Manage Religious Affairs
27Freedom from Taxation for the Promotion of a Religion
28Freedom from Attending Religious Instruction
Educational and Cultural Rights29Protection of Interests of Minorities
30Right of Minorities to Establish and Administer Educational Institutions
Right to Constitutional Remedies32Right to remedies for the enforcement of the fundamental rights using five writs:
  • Habeas Corpus: to direct the release of a person detained unlawfully.
  • Mandamus: to direct a public authority to do its duty.
  • Quo Warranto: to direct a person to vacate an office assumed wrongfully.
  • Prohibition: to prohibit a lower court from proceeding on a case.
  • Certiorari: the power of the higher court to remove a proceeding from a lower court and bring it before itself.
33Empowers the Parliament to restrict or abrogate the fundamental rights of the ‘Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, and analogous forces
34Provides for the restrictions on fundamental rights while martial law(military rule) is in force
35Empowers the Parliament to make laws on Fundamental Rights


Right to Property

Originally, the Right to Property (Article 31) was also included in Part III of the Indian constitution's Fundamental Rights. 

However, it was removed from the list of Fundamental Rights by the 44th Constitutional Amendment Act of 1978 and made a legal right under Article 300A of Part XII of the Constitution.

  • The year in which the right to property was removed from the list of fundamental rights was – 1978.
  • The Amendment which removed the right to property from the list of fundamental rights – 44th Amendment 1978. 
  • The Government which removed property from the list of fundamental rights – Janatha Government.
  • The Prime Minister who removed the right to property from the fundamental rights – Morarji Desai.
  • The President of India at the time of removal of the right to property from fundamental rights –  Neelam Sanjeev Reddy.
  • Name the new provision added to the Indian constitution as a result of the 44th Amendment –  Article 300A.
  • The part of the Constitution which currently deals with property rights is –  the 12th part.
    • Became a legal/constitutional right under Article 300-A.

Right to Equality (14-18)


  • The article which states that all are equal before the law and all must be given equal legal protection within the territory of India – Article 14.
  • The article of the Constitution which guarantees equality between men and women is – Article 15.
  • The article states that there should be no discrimination on the basis of religion, race, caste, or gender – Article 15.
  • The legal case in which Article 15 of the Indian constitution was revised with the First Amendment in 1951 as a consequence of a Supreme Court of India judgment – State of Madras v. Champakam Dorairajan Court case.
    •  Clause 4 was added to Article 15.
  • The article that guarantees equality of opportunity in public appointments is – Article 16.
  • The Article of the Indian Constitution ensures the abolition of Untouchability – Article 17.
  • The article of the Constitution passed with the slogan 'Mahatma Gandhi Ki Jai' –  Article 17.
  • Under which law punishment is given for offenses related to untouchability – Protection of Civil Rights Act, 1955.
  • The article that prohibits titles other than academic and military names is – Article 18.
  • The article that prohibits citizens of India from accepting any titles from a foreign State is – Article 18.

Right to Freedom (19-22)


Article 19

  • Name the article that deals with the six fundamental rights of freedoms – Article 19.
    • Speech and expression, Movement, Assembly, Association, Residence & Profession.
  • The article of the Constitution which implicitly implies freedom of the press is – Article 19(1)(a).
  • Article 19 (1) (c) of the Indian Constitution is related to the – Right to form associations or unions.
  • The fundamental right that can be revoked automatically without the intervention of the President as soon as the state of emergency is declared – Article 19.
    • The fundamental rights that cannot be revoked even in times of emergency – Articles 20 & 21.
  • The Fundamental Rights listed under which Article is automatically suspended on the proclamation of emergency due to war – Article 19.
  • First State in India to declare access to the Internet as a basic right – Kerala (2017).
    • In the Kerala High Court judgment of Faheema Shirin v. State of Kerala case.
  • The Right to access the Internet became a fundamental right in the year – 2020.
  • The Right to access the Internet is listed as a Fundamental Right under Article _____ as per the Supreme Court Judgment in Anuradha Bhasin vs Union Of India and Ors. case – Article 19(1)(a) & Article 21.
    • Restrictions on the Internet can be imposed under – 
      • Section 144 in The Code Of Criminal Procedure, 1973.
      • Section 5(2) of the Indian Telegraph Act (1885) & the Temporary Suspension of Telecom Services (Public Emergency or Public Safety) Rules, 2017.

Article 20

  • The constitutional provision that states that a person should not be punished more than once for the same offense – Article 20.
  • The article which states that a person shouldn't be compelled to testify against themselves in criminal proceedings. – Article 20.

 Article 21

  • The article which came to be known as 'The Basis of Fundamental Rights' – Article 21.
  • The article of the constitution that guarantees the right to life and personal liberty is – Article 21.
  • The article which gives a citizen the right to choose a life partner of his own choice – Article 21.
  • The article that pertains to the right to privacy is – Article 21.
  • The landmark case in which the Supreme Court declared the right to privacy as a fundamental right was – Justice K.S. Puttaswamy vs Union Of India (2017).
  • The Supreme Court case which took the broader interpretation of Article 21 – Menaka Case vs Union of India (1978).
    • introduced the term 'Due Process of Law.'
    • established the requirement of the reasonableness of procedure in articles 21 through 14.
  • The Kerala High Court banned smoking in public places under which provision of the Constitution – Article 21.

Article 21 (A)

  • The article that was added to the Indian constitution when education was made a fundamental right is – Article 21 (A).
  • The constitutional amendment that declared free and compulsory education a fundamental right for children aged 6 to 14 years old – 86th Amendment, 2002.
  • Name the education Act passed by Parliament based on Article 21(A) – Right To Education Act (RTE)
  • The year in which Parliament passed the Right to Education Act – 2009 (August 26).
  • The Right to Education Act came into force in India on – April 1, 2010.
    • Right to Education became a fundamental right on – April 1, 2010.
  • The government of India launched the initiative in 2001 with the goal of providing basic education to all citizens. Name the initiative – Sarva Shiksha Abhiyan.

 Article 22

  • The article of the Indian constitution that deals with preventive detention (കരുതൽ തടങ്കൽ) – Article 22.
  • The duration of time which a person arrested under preventive detention can be detained is – 3 months.
    • However, an advisory board of high court judges can extend the detention period.
  • The first person to be arrested under the Preventive Detention Act of 1950 in India was – A.K. Gopalan.
  • The fundamental right that provides protection against unlawful arrest and detention – Article 22.
  • The part of the constitution that mandates that a person be produced before a magistrate within 24 hours of arrest is – Article 22.

Right Against Exploitation (23-24)

Article 23

  • The article that prohibits human trafficking, slavery, and forced labor is – Article 23.

Article 24

  • Name the article in the Indian Constitution which prohibits Child Labor – Article 24.
    • Such as working in factories, mines, or other hazardous areas.
  • World Day Against Child Labour  – June 12.
  • The name of the quality label in India given to products made without the use of child labor is – Rugmark.
    • The new name of Rugmark – Goodweave standard (renamed in 2009).
    • The Originator of the concept of rugmark – Kailash Satyarthi (1994).
    • Kailash Satyarthi got the Nobel Peace Prize in – 2014.
  • The Child rights movement was started by Kailash Satyarthi in 1980 – Bachpan Bachao Andolan.
  • The year in which the Child Labor (Prohibition & Regulation) Act was passed was – 1986.
  • The Commission for Protection of Child Rights Act was passed in  – 2005.
  • The first state in India to introduce Child Labor Tracking System (CLTS) – Bihar (2016).
  • The National Commission for Protection of Child Rights (NCPCR) came into being in – 2007.
    • The First Chairperson of NCPCR – Shanta Sinha.
  • The POCSO (Protection of Children from Sexual Offences) Act was passed by Parliament in the year – 2012.

Right to Freedom of Religion (25-28)

  • The article which gives the right to believe and propagate the religion of choice – Article 25
  • Name the Indian Constitution article which considers wearing of ‘Kirpans' of Sikh as a right to freedom of religion – Article 25.
  • The Word ‘Hindus’ in Article 25 of the Constitution of India does not include – Parsees.(Buddhists, Sikhs & Jains are included)
  • The article which guarantees the right of each religious community to establish religious institutions is – Article 26.
  • Right against being forced to pay taxes for the promotion of any religion – Article 27.
  • A clause prohibiting religious instruction in Government-aided educational institutions – Article 28.

Educational and Cultural Rights (29-30)

  • The Fundamental rights enshrined in the constitution for the minorities – Articles 29 & 30.
  • The Fundamental right that protects the interests of minorities – Article 29.
  • The right which guarantees the protection of language, script, and culture of minorities – Article 29.
  • The part of the constitution that guarantees the right of minorities to start and run educational institutions is – Article 30.

Right to Constitutional Remedies (32-25)

  • The concept of 'Equality before the law' originated in – Britain.
  • The concept of 'Equal Protection of the law' originated in – USA.
  • The citizens can lodge complaints for the protection of fundamental rights of citizens to the  –  Supreme Court.
  • Under which Article of the Constitution can an Indian citizen approach the High Court in cases of denial of fundamental rights  – Article 226.

Article 32

  • 'Heart and Soul’ of the Indian Constitution – Article 32.
  • Who described Article 32 as the ‘Heart and Soul’ of the Indian Constitution –  Dr. BR Ambedkar.
  • The Article of the Constitution of India under which a person can go to the Supreme Court for the enforcement of Fundamental Rights – Article 32.
  • For the enforcement of Fundamental rights, the Supreme Court & High Courts may issue a/an – Writ.
  • Writs – 
    • Habeas Corpus ('To Have The Body Of')
    • Mandamus ('We Command'}
    • Quo Warranto ('By What Authority or Warrant')
    • Prohibition ('To Forbid')
    • Certiorari ('To Be Informed')
  • The writ that can be issued by a High Court to secure the liberty of the individual – Habeas Corpus.
  • Habeas corpus can be issued against – Public authorities & individuals.
  • When a public officer commits an action that infringes a person’s Fundamental Rights, a writ of ...... is issued by the Court – Mandamus.
  • The writ that can only be issued in case of a substantive public office of a permanent character created by a statute or by the Constitution – Quo Warranto.
  • The writ that forbids the lower court from hearing a lawsuit because it is outside its jurisdiction, and so the case is transferred to the higher court. Name the writ – Prohibition.
  • The writ of Prohibition can't be used against – Administrative authorities, legislative bodies & private individuals.
  • The writ of Prohibition can be used against – Judicial & quasi-judicial authorities.
  • The writ that can only be issued against judicial or quasi-judicial authorities and not against the administrative authorities – Certiorari.
  • The year in which the Supreme Court judgment was made available to issue certiorari writs against the administrative bodies was – 1991.
  • The High Courts may issue writs under – Article 226.
  • The Supreme Court may issue writs to enforce Fundamental rights under – Article 32.
  • The Supreme Court may issue writs unrelated to Fundamental rights under – Article 139.


Article 33

  • Name the article that restricts the fundamental rights of the members of the armed forces – Article 33.

Article 34

  • Name the article which states the "restriction on rights conferred by this Part while martial law is in force in any area within the territory of India" –  Article 34.

Article 35

  • The article which empowers the Parliament to make laws on Fundamental Rights is – Article 35.


Also Read:

📝SideNotes:

  • The first document in History that made a reference to the Fundamental Rights – Magna Carta.
  • 'Conscience of the Constitution' – Fundamental rights & DPSP.
  • Human Rights Day – December 10.
  • Indian Constitution – 
    • Part I – List of States & Union Territories.
    • Part II –  Citizenships.
    • Part III – Fundamental Rights.
    • Part IV – Directive Principles of our State Policy (DPSP).
    • Part IV A – Fundamental Duties.
  • Father of All India Services – Sardar Vallabhbhai Patel.
  • Father of the Indian Civil Service – Lord Charles Cornwallis.
  • Sardar Vallabhbhai Patel – 
    • Iron Man of India, Indian Bismarck.
    • Leader of the Bardoli Satyagraha of 1928.
    • First Deputy Prime Minister.
    • First Minister of Home Affairs.
    • Famous Quotes – 'I know Only One Culture that is Agriculture.'
    • October 31 – National Unity Day / Rashtriya Ekta Diwas (Sardar Patel's birthday).
  • Fourth Estate – The Press.
  • The term 'Fourth Estate' was coined by the – British politician Edmund Burke.
  • Name the person who shared the Nobel Peace Prize in 2014 along with Kailash Satyarthi – Malala Yousafzai.
  • The right to Information is a – Legal Right.
  • 86th Constitutional Amendment 2002 also added/amended the articles – Article 21(A), 45 & 51(A).

Thanks for reading!!!