Right to Equality (Articles 14-18)
The State shall not deny any person equality before law and equal protection of laws. This includes prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth. It also abolishes untouchability and titles.
Legal Basis: Articles 14, 15, 16, 17, 18 of the Constitution
Right to Freedom (Articles 19-22)
Citizens have the right to freedom of speech and expression, peaceful assembly, forming associations, movement throughout India, residence anywhere in India, and practicing any profession or business. These freedoms have reasonable restrictions.
Legal Basis: Articles 19, 20, 21, 21A, 22 of the Constitution
Right to Life and Personal Liberty
No person shall be deprived of life or personal liberty except according to procedure established by law. This has been interpreted broadly to include right to livelihood, privacy, dignity, clean environment, health, and more.
Legal Basis: Article 21 of the Constitution
Right to Education
The State shall provide free and compulsory education to all children between ages 6-14 years. This is a fundamental right added by the 86th Constitutional Amendment in 2002.
Legal Basis: Article 21A of the Constitution, RTE Act 2009
Right Against Exploitation (Articles 23-24)
Traffic in human beings, forced labor, and employment of children below 14 years in hazardous occupations are prohibited. This protects the dignity and welfare of vulnerable sections.
Legal Basis: Articles 23, 24 of the Constitution
Right to Freedom of Religion (Articles 25-28)
All persons have the right to freely profess, practice, and propagate religion. Religious denominations can manage their own affairs. The State is secular and cannot promote any religion in educational institutions.
Legal Basis: Articles 25, 26, 27, 28 of the Constitution
Cultural and Educational Rights (Articles 29-30)
Minorities have the right to conserve their culture, language, and script. They also have the right to establish and administer educational institutions of their choice.
Legal Basis: Articles 29, 30 of the Constitution
Right to Constitutional Remedies (Article 32)
The right to move the Supreme Court for enforcement of fundamental rights is itself a fundamental right. Dr. B.R. Ambedkar called this the 'soul of the Constitution'. The Court can issue writs including habeas corpus, mandamus, prohibition, certiorari, and quo warranto.
Legal Basis: Article 32 of the Constitution
Important Tips
- Fundamental rights are enforceable against the State, not private individuals (with some exceptions)
- These rights are not absolute and can have reasonable restrictions
- You can approach the High Court under Article 226 or Supreme Court under Article 32 for violations
- PIL (Public Interest Litigation) can be filed for enforcement of fundamental rights of others
- Fundamental rights can be suspended during Emergency, except Articles 20 and 21
Legal Provisions
Part III - Fundamental Rights
- Articles 14-18: Right to Equality
- Articles 19-22: Right to Freedom
- Articles 23-24: Right Against Exploitation
- Articles 25-28: Freedom of Religion
- Articles 29-30: Cultural & Educational Rights
- Article 32: Right to Constitutional Remedies
Enforcement Mechanisms
- Writ of Habeas Corpus - Against illegal detention
- Writ of Mandamus - Compelling public duty
- Writ of Prohibition - Stopping excess of jurisdiction
- Writ of Certiorari - Quashing illegal orders
- Writ of Quo Warranto - Challenging public office
Landmark Cases
- Kesavananda Bharati v. State of Kerala (1973)
- Maneka Gandhi v. Union of India (1978)
- Vishaka v. State of Rajasthan (1997)
- K.S. Puttaswamy v. Union of India (2017)
Related Rights
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