Fundamental Rights (Articles 12-35): Classification & Features

Fundamental Rights: The “Everyday Shield” of an Indian Citizen

Imagine a student in Bengaluru posts a strong political opinion on social media. Another student in Kolkata is denied entry into a college club because of caste. A small shop owner in Surat is forced to shut his business for weeks because mobile internet is suspended in his area. A family in Lucknow suddenly faces police action without being clearly told why someone was arrested. In each situation, one question becomes urgent: Can the citizen challenge the State (or even a private person) and demand protection?

This is where Fundamental Rights come in. They are not “extra benefits.” They are the Constitution’s promise that India will remain a democracy where the government is powerful, but not unlimited. They act like a safety belt: you may not notice it every day, but when things go wrong, it can save your freedom, dignity, and even life.

Definition: Fundamental Rights are basic, enforceable rights given mainly in Part III of the Indian Constitution. If they are violated, a person can directly approach the courts, especially the Supreme Court under Article 32.

How These Rights Came into the Constitution

India’s Constitution was written after a long freedom struggle where Indians saw what happens when power is unchecked. Colonial rule had censorship, arbitrary arrests, discrimination, and denial of equality. Leaders wanted a new India where:

People have equal status and dignity, not privilege by birth.
The State can govern, but cannot become a “master.”
Citizens can speak, assemble, protest, worship, and live freely—within lawful limits.

So, the Constitution created a strong chapter of rights: Articles 12 to 35. These are backed by courts, which means they are not just “good ideas,” but real protections.

Over time, India also learned that rights and social justice must move together. This is why the relationship between Fundamental Rights and policies like reservation, welfare, and reforms became a major constitutional debate—handled through amendments and court judgments.

Fundamental Rights Under Articles 12–35: The Full Map

Fundamental Rights are usually studied under six broad groups. But for UPSC, you must also understand the “support system” of these rights: Article 12 (State), Article 13 (Judicial Review), and Articles 32–35 (Remedies and special provisions).

Key Idea: Fundamental Rights are mostly enforceable against the State. But a few rights (like abolishing untouchability and banning trafficking/forced labour) also operate strongly against private persons.

Article 12: Who is “the State”?

For Fundamental Rights, the word “State” includes:

Government and Parliament of India
Government and Legislatures of States
All local authorities (municipalities, panchayats)
Other authorities under Government control (many government bodies, agencies, and “instrumentalities”)

UPSC angle: If a body is heavily controlled by the government (funding, management, policy direction), courts may treat it as “State” so Fundamental Rights can be enforced against it.

Article 13: The “quality check” on laws

Article 13 makes Fundamental Rights powerful by saying:

Any law inconsistent with Fundamental Rights is void (to the extent of inconsistency).
The State cannot make laws that take away or abridge Fundamental Rights.

This is the constitutional base of judicial review. Courts can strike down laws that violate Part III.

A Quick Comparison Table: Rights, Articles, Limits, and Key Cases

Right Group	Articles	What it protects (simple)	Key limits / notes	One landmark case (easy recall)
Right to Equality	14–18	Equality before law, non-discrimination, equal opportunity, end of untouchability and titles	Allows reasonable classification + affirmative action (reservation) within constitutional limits	Indra Sawhney (reservation principles)
Right to Freedom	19–22	Speech, assembly, movement, profession + protection in criminal process	Subject to reasonable restrictions	Maneka Gandhi (fair procedure under Art 21)
Right against Exploitation	23–24	No trafficking, forced labour, child labour in hazardous work	Enforceable strongly even against private actors	Cases on bonded labour & begar (Art 23)
Freedom of Religion	25–28	Freedom of conscience, practice and manage religion	Public order, morality, health; also social reform	Shirur Mutt (religious freedom scope)
Cultural & Educational Rights	29–30	Minorities protect culture; run educational institutions	Regulation allowed, but core right protected	T.M.A. Pai (minority education rights)
Right to Constitutional Remedies	32–35	Move courts for enforcement; Supreme Court can issue writs	Heart of enforcement; also HC power under Art 226	Art 32 as central remedy

Right to Equality (Articles 14–18): Equality in Real India

Article 14: Equality before law + equal protection

Article 14 has two simple ideas:

Equality before law: No person is above the law (not even a minister or billionaire).
Equal protection of laws: Similar people should be treated similarly; different situations can be treated differently, but only with reason.

Indian examples: If traffic fines apply to everyone, a VIP convoy cannot break rules casually. If a government scheme is for “small farmers,” it can have eligibility limits, but it cannot be designed to secretly benefit only one caste or one district without logic.

Article 15: No discrimination + space for affirmative action

Article 15 stops discrimination on religion, race, caste, sex, place of birth. But it also allows the State to make special provisions for women, children, and socially/educationally backward classes.

Indian examples:

Special hostels, scholarships, and support schemes for girls in Rajasthan or Bihar are allowed.
Reservation in educational institutions for backward classes is constitutionally supported through specific clauses.

Article 16: Equal opportunity in public jobs

Government jobs must follow equality, but Article 16 also permits reservation for backward classes in public employment under conditions.

UPSC focus: This is where big debates arise—50% ceiling, creamy layer for OBC, SC/ST promotion-related rules, and balancing merit with social justice.

Article 17: Abolition of untouchability

Untouchability is abolished “in any form.” Enforcing any disability because of it is punishable.

Indian examples: If a Dalit family is denied entry into a temple in Tamil Nadu, or a barber refuses service in a village in Uttar Pradesh because of caste, Article 17’s spirit is violated. Laws for protection and strong social enforcement become important for real change.

Article 18: Abolition of titles

India does not allow titles like “Sir,” “Rai Bahadur,” etc. The idea is simple: no artificial hierarchy by State-given titles. Civilian awards like Padma awards are not considered titles in the same way, as they do not create hereditary privilege.

Right to Freedom (Articles 19–22): Liberty with Responsibility

Article 19(1): The six freedoms

Article 19 gives important freedoms to citizens:

Speech and expression
Peaceful assembly
Form associations/unions
Move freely in India
Reside and settle anywhere
Practice any profession or trade

Indian examples: A street vendor in Chennai has freedom to do business; a student group in Delhi can form an association; a writer in Hyderabad can publish criticism; a worker from Odisha can migrate to Gujarat for work.

Reasonable Restrictions: The “balance rule”

Freedom is not absolute. The Constitution allows restrictions, but only if they are reasonable and fit within listed grounds. This prevents the State from using “public interest” as a vague excuse.

Freedom	Restriction Clause	Common grounds (simple)	Easy example
Speech (19(1)(a))	19(2)	Sovereignty, security, public order, decency, defamation, contempt of court, incitement	Hate speech that triggers violence can be restricted
Assembly (19(1)(b))	19(3)	Public order, sovereignty & integrity	Permission rules for large rallies near sensitive zones
Association (19(1)(c))	19(4)	Public order, morality, sovereignty & integrity	Banning violent unlawful groups
Movement/Residence	19(5)	Public interest, protection of ST interests	Regulated entry in certain tribal protected areas
Profession/Trade	19(6)	Public interest, qualifications, licensing	Medical practice needs recognized qualifications

Article 20: Protection in criminal cases

No ex-post-facto punishment: You cannot be punished under a law that did not exist when you acted.
No double jeopardy: Cannot be punished twice for the same offence.
No self-incrimination: Cannot be forced to testify against yourself.

Article 21: Life and personal liberty (India’s “expanding” right)

Article 21 looks short, but it has become one of the most powerful rights in India. It protects life with dignity, not just survival.

Over years, courts connected Article 21 with many real needs:

Speedy trial (important for undertrials in jails)
Legal aid (important for poor accused persons in Bihar, UP, MP, etc.)
Right to livelihood (important for workers, street vendors, migrants)
Privacy (important in the digital age)
Clean environment (important in polluted cities like Delhi and industrial belts)

Maneka Gandhi made a turning point: “procedure established by law” must be just, fair, and reasonable. This stopped the idea that any harsh law automatically becomes valid just because it exists.

Article 21A: Right to Education

Children aged 6–14 have a fundamental right to free and compulsory education. This is backed by the Right to Education Act, and it impacts policies like school infrastructure, teacher appointments, and admissions rules in many states.

Article 22: Protection against arrest and detention

Article 22 gives safeguards like:

Right to be informed of grounds of arrest
Right to consult a lawyer
Production before a magistrate within 24 hours

But it also allows preventive detention with special rules. This is one of the most debated areas because it sits at the border of liberty and security.

Indian examples: Preventive detention laws have been used in different states for maintaining public order. The constitutional challenge is always the same: use must be careful, not political, and must follow safeguards.

Right against Exploitation (Articles 23–24): Protecting the Weak from Forced Work

Article 23: No trafficking and forced labour

It bans trafficking, begar, bonded labour, and similar forced work. This is important in India where economic distress can push people into exploitation.

Indian examples:

Migrant workers trapped in informal work networks in big cities
Bonded labour situations in brick kilns or informal farms
Human trafficking routes affecting poor families

Article 24: No child labour in hazardous work

Children below 14 cannot be employed in factories, mines, and other hazardous employment. This is connected to education, poverty reduction, and stricter enforcement.

Freedom of Religion (Articles 25–28): Faith, Public Order, and Social Reform

India is deeply religious and diverse. The Constitution protects freedom of conscience and religion, but also ensures that religion cannot be used to harm society.

Article 25: Freedom of conscience and to practice religion (subject to public order, morality, health).
Article 26: Manage religious affairs.
Article 27: No tax used to promote a particular religion.
Article 28: Rules on religious instruction in educational institutions.

Indian examples: Regulation of loudspeakers at night is not “anti-religion”; it is a public order and health issue. At the same time, banning a person from practicing their faith without legal reasons would violate constitutional freedom.

Cultural and Educational Rights (Articles 29–30): Diversity Protection

India’s strength is its languages, scripts, cultures, and communities. Articles 29–30 protect this diversity.

Article 29: Any section with a distinct language/script/culture has a right to conserve it.
Article 30: Minorities can establish and administer educational institutions.

Indian examples: A Tamil cultural group in Mumbai, a Bengali community in Delhi, or a tribal language initiative in Jharkhand—these are protected in spirit. Minority schools and colleges must be allowed to function with autonomy, though basic regulation can exist.

Right to Constitutional Remedies (Articles 32–35): The Enforcement Engine

Fundamental Rights become real only when enforcement is strong. Article 32 allows a person to go directly to the Supreme Court.

Definition: A writ is a constitutional order from a court to protect rights, stop illegal actions, or correct injustice.

Types of Writs (Very High UPSC Value)

Writ	Simple meaning	Used when	Easy example
Habeas Corpus	“Produce the body”	Illegal detention	Police or even a private person keeps someone confined unlawfully
Mandamus	“We command”	Public authority fails duty	Municipality refuses to issue a lawful certificate without reason
Prohibition	Stop lower court/tribunal	Acting beyond jurisdiction	A tribunal hears a matter it has no power to hear
Certiorari	Quash order of lower body	Wrong/illegal order	An illegal disciplinary order violating natural justice
Quo Warranto	“By what authority?”	Illegal appointment	Someone holds a public office without eligibility

Articles 33–35: Special spaces and law-making

Article 33: Parliament can restrict some rights for armed forces, police, etc., to maintain discipline.
Article 34: Martial law-related provisions (rare, but conceptually important).
Article 35: Parliament makes laws to give effect to certain rights (like punishment for Article 17 violations).

Landmark Cases You Must Remember (Exam-Ready)

Kesavananda Bharati (1973): Basic Structure

This case created a powerful balance: Parliament can amend the Constitution, even Fundamental Rights, but cannot destroy the basic structure. This protects democracy from becoming a dictatorship through amendments.

Simple takeaway: The Constitution can be updated, but its core identity cannot be erased.

Maneka Gandhi (1978): Fair procedure under Article 21

This case expanded Article 21 dramatically. A law is not enough; the procedure must be just, fair, reasonable. It also strengthened the link between Articles 14, 19, and 21.

Minerva Mills (1980): Balance between FR and DPSP

The Constitution is not only about freedom of individuals, but also about social justice goals. Courts highlighted that balance is essential—neither side should destroy the other.

I.R. Coelho (2007): Ninth Schedule is not a “safe shelter”

Even if a law is placed in the Ninth Schedule, it cannot violate the basic structure. This strengthened judicial review.

Puttaswamy (2017): Privacy under Article 21

Privacy became a major part of personal liberty. In a world of Aadhaar, digital payments, CCTV, and data collection, this judgment has a big impact.

Anuradha Bhasin (2020): Internet restrictions need safeguards

This became central to debates around internet shutdowns and freedom of speech/trade in the digital age.

What’s Happening Now (2025–2026): New Challenges for Old Rights

1) Internet shutdowns: Freedom of speech, trade, and education get hit together

Today, the internet is not only for entertainment. It is for:

Students watching online classes in villages of Assam or Chhattisgarh
Small sellers running WhatsApp orders in Indore or Jaipur
UPI payments in tea stalls in Bengaluru or Pune
Emergency health access in remote areas

Yet shutdowns continue as a tool for controlling violence, rumours, or unrest. India has repeatedly recorded a high number of mobile internet shutdowns in recent years, making it a major governance and rights issue.

UPSC linkage: Internet shutdowns directly touch:

Article 19(1)(a) (speech, information)
Article 19(1)(g) (trade/business)
Article 21 (life, liberty, dignity—health and education impacts)

2) Sedition debates: IPC 124A vs new “sovereignty” offence

The old sedition provision (Section 124A of IPC) became controversial for alleged misuse against dissent. Many citizens, journalists, students, and activists raised a basic question: Can criticism of the government be treated like an attack on the nation?

In the new criminal law framework, a new offence focusing on acts endangering sovereignty, unity, and integrity of India has become the main discussion point. The debate continues in courts and public life, especially about where to draw the line between national security and democratic dissent.

UPSC linkage: This entire debate is a direct test of:

Article 19(1)(a) vs 19(2) restrictions
Rule of law and “chilling effect” on speech
Maneka Gandhi idea of fair, reasonable procedure

3) RTE and education rights continue to evolve

Education is deeply linked to dignity and equality. The constitutional triangle here is important:

Article 21A: Right to free and compulsory education (6–14 years)
Article 51A(k): Duty of parents/guardians to provide education opportunities to children (6–14 years)
Article 45: Early childhood care and education (policy goal)

In many districts—like tribal belts of Odisha, remote areas of the Northeast, and parts of Rajasthan—implementation challenges (teacher shortage, infrastructure, learning outcomes) decide whether this right becomes real or remains only on paper.

Why Fundamental Rights Make India Stronger

They protect democracy daily: Citizens can question government decisions.
They protect minorities and vulnerable groups: Cultural rights and equality rights stop “majority pressure” from crushing smaller voices.
They promote economic confidence: Business freedom and rule of law attract investment and reduce fear.
They create social change: Article 17 and equality provisions support reforms against discrimination.
They build dignity: Article 21 has become a moral and legal foundation for human dignity.

Indian reality: A Constitution without enforceable rights is like a hospital without doctors. Fundamental Rights are the “doctors” who can act quickly when injustice happens.

Challenges and Concerns: Where India Struggles

1) Misuse of restrictions

Reasonable restrictions are necessary, but vague or over-broad restrictions can damage democracy. For example, heavy-handed bans on speech, blanket internet shutdowns, or frequent use of preventive detention can create fear and silence.

2) Delayed justice

Rights are only as strong as enforcement. If cases take years, a poor person in jail, a student denied admission, or a protester detained unfairly may lose crucial years of life even if they “win later.”

3) Rights awareness is low

Many citizens do not know what Articles 14, 19, 21, or 32 mean. In small towns and rural areas, people often accept injustice as “normal.” Rights need awareness.

4) Digital rights are the new battleground

Today, speech happens on smartphones, trade happens through UPI, and education happens online. So digital restrictions become constitutional issues faster than before.

Way Forward: What Should Be Done

Make restrictions truly reasonable: Any restriction on speech or internet should be time-bound, proportionate, and reviewable.
Improve transparency: Orders impacting rights (like shutdown orders) should be accessible to the public quickly.
Strengthen legal aid: District-level legal support in states like Bihar, UP, MP, Rajasthan can make Article 21 protections real for the poor.
Speed up courts: More judges, better infrastructure, and technology can reduce rights-related delays.
Teach constitutional literacy: Schools and colleges should teach practical rights—how to file RTI, how to approach legal services, what writs mean.
Police reforms and training: Respect for Article 21 and 22 must become a professional habit, not a “court fear.”

Conclusion: Fundamental Rights Are India’s Daily Democracy Test

Fundamental Rights under Articles 12–35 are not meant only for classrooms or courtrooms. They are meant for real India—farmers, students, workers, women, minorities, business owners, and anyone who can be affected by power.

From Kesavananda Bharati protecting the Constitution’s basic structure to Maneka Gandhi making procedure fair, and from equality rights to modern debates on internet shutdowns and speech laws, one message is clear: rights survive only when citizens understand them and institutions enforce them.

Previous Year UPSC Questions (PYQs) with Answers

PYQ (UPSC Mains GS, 2014): Explain freedom of speech and expression. Does it include hate speech? Why is film censorship debated in India?

Answer (Exam-ready points):

Scope: Article 19(1)(a) covers speech through words, print, art, digital media, and symbolic expression.
Not absolute: Restricted under Article 19(2) on listed grounds like public order, security, defamation, incitement, etc.
Hate speech: Not protected when it crosses into incitement to violence, severe communal hatred, or threats to public order.
Film censorship: Films have wider impact; debate is about balancing creativity and social harm. Censorship must remain within Article 19(2) limits.
Modern angle: Social media spreads faster, so enforcement must be precise and not blanket.

PYQ (UPSC Mains GS, 2014): Starting with the basic structure doctrine, the judiciary has played a proactive role in ensuring constitutional governance. Discuss.

Answer (Exam-ready points):

Basic structure: Parliament can amend, but cannot destroy core features of the Constitution.
Protection: Prevents authoritarian changes through constitutional amendments.
Judicial review: Article 13 + court power ensures laws violating Part III can be struck down.
Balance: Courts protect FR, but also allow social justice measures if they do not damage core constitutional identity.
Result: Strengthened constitutional supremacy and rule of law.

PYQ (UPSC Mains GS, 2019): Parliament’s power to amend the Constitution is limited; it cannot become absolute power. Discuss.

Answer (Exam-ready points):

Source: Article 368 gives amendment power.
Limit: Basic structure doctrine prevents destruction of core features (democracy, rule of law, judicial review, etc.).
Why needed: Without limits, a temporary majority could end rights, elections, or judicial independence.
Balanced view: Allows reform but prevents constitutional collapse.

PYQ (UPSC Prelims, 2010): National Social Assistance Programme fulfills which constitutional provision(s): Fundamental Rights, Fundamental Duties, DPSP?

Answer: DPSP only. It reflects welfare and social assistance goals (Part IV), not directly enforceable Fundamental Rights.

PYQ (UPSC Mains GS, 2024): Right to privacy is protected under Article 21. Explain, and discuss the law relating to DNA testing of a child in the womb for paternity.

Answer (Exam-ready points):

Privacy under Article 21: Protects personal choices, bodily autonomy, and informational privacy.
DNA testing: Involves sensitive bodily and personal data; needs strong legal safeguards.
Balancing: Courts balance privacy with legitimate interests like justice, child welfare, and truth in exceptional cases.
Principle: Any intrusion should be lawful, necessary, and proportionate.

Practice MCQs (with Answers)

Which statement best explains Article 13?
- A) It defines the term “citizen” for Part III
- B) It makes laws violating Fundamental Rights void to the extent of violation
- C) It gives Parliament absolute power to amend Fundamental Rights
- D) It lists Fundamental Duties
Answer: B

Explanation: Article 13 is the base for judicial review against rights-violating laws.
Which Fundamental Right is available to both citizens and non-citizens?
- A) Article 19 freedoms
- B) Equality before law (Article 14)
- C) Freedom to form associations (Article 19(1)(c))
- D) Cultural right of minorities (Article 30)
Answer: B

Explanation: Article 14 applies to “persons,” not only citizens.
Which of the following is the correct match?
- A) Article 17 – Child labour prohibition
- B) Article 23 – Freedom of religion
- C) Article 24 – Ban on child employment in hazardous work
- D) Article 29 – Right to constitutional remedies
Answer: C

Explanation: Article 24 deals with child employment in hazardous occupations.
“Procedure established by law” under Article 21 became stronger after which landmark case?
- A) Kesavananda Bharati
- B) Maneka Gandhi
- C) Minerva Mills
- D) I.R. Coelho
Answer: B

Explanation: Maneka Gandhi required procedure to be just, fair, and reasonable.
Which is the best constitutional basis to challenge a blanket, prolonged internet shutdown affecting speech and business?
- A) Article 14 only
- B) Article 19(1)(a) and 19(1)(g) along with proportional restrictions
- C) Article 51A only
- D) Article 110 (Money Bill)
Answer: B

Explanation: Shutdowns directly affect speech and trade; limits must be reasonable and proportionate.