Fundamental Rights (Articles 12–35)
Fundamental Rights are the basic rights guaranteed by the Constitution to all citizens for their development and protection against arbitrary actions of the State.
Features of Fundamental Rights
| Feature | Detail |
|---|---|
| Mentioned in | Part III of the Constitution |
| Articles | 12 to 35 |
| Called | Magna Carta of India |
| Nature | Justiciable (can be enforced in court) |
| Protector | Supreme Court and High Courts |
WBCS PYQ: Who is the protector of Fundamental Rights?
✔ Supreme Court and High Courts / Judiciary
Article 12 – Definition of State
The term “State” includes:
| Included |
|---|
| Central Government |
| State Governments |
| Parliament |
| State Legislatures |
| Local Authorities (Municipalities, Panchayats) |
| Other authorities under Government control |
WBCS PYQ: Article 12 defines?
✔ The State
Six Fundamental Rights
| Right | Articles |
|---|---|
| 1. Right to Equality | 14–18 |
| 2. Right to Freedom | 19–22 |
| 3. Right Against Exploitation | 23–24 |
| 4. Right to Freedom of Religion | 25–28 |
| 5. Cultural and Educational Rights | 29–30 |
| 6. Right to Constitutional Remedies | 32 |
Note: Article 31 (Right to Property) was removed. Article 33–35 are miscellaneous.
1. Right to Equality (Articles 14–18)
Article 14
Equality before Law and Equal Protection of Laws.
| Term | Meaning |
|---|---|
| Equality before Law | No one is above law (British concept – negative) |
| Equal Protection of Laws | Equal treatment in equal circumstances (US concept – positive) |
Article 15
Prohibition of discrimination on grounds of:
| Grounds |
|---|
| Religion |
| Race |
| Caste |
| Sex |
| Place of Birth |
Exception: State can make special provisions for women, children, and socially backward classes.
Article 16
Equality of opportunity in public employment.
Exception: Reservation for backward classes.
Article 17
Abolition of Untouchability.
WBCS PYQ: Which Article abolishes untouchability?
✔ Article 17
Note: The Untouchability Offences Act, 1955 (renamed Protection of Civil Rights Act, 1955) was enacted to enforce this.
Article 18
Abolition of Titles.
| Exceptions (Titles allowed) |
|---|
| Academic Titles (Dr., Professor, etc.) |
| Military Titles (Major, General, etc.) |
Note: Bharat Ratna, Padma Shri, etc. are awards, not titles. They cannot be used as prefixes.
WBCS PYQ: Which Article deals with abolition of titles?
✔ Article 18
2. Right to Freedom (Articles 19–22)
Article 19 – Six Freedoms
Provides six freedoms to citizens:
| Freedom | Article |
|---|---|
| 1. Freedom of Speech and Expression | 19(1)(a) |
| 2. Freedom of Assembly | 19(1)(b) |
| 3. Freedom of Association | 19(1)(c) |
| 4. Freedom of Movement | 19(1)(d) |
| 5. Freedom of Residence | 19(1)(e) |
| 6. Freedom of Profession | 19(1)(f) – now 19(1)(g) |
WBCS PYQ: Freedom of Speech and Expression is under?
✔ Article 19(1)(a)
Reasonable Restrictions can be imposed for:
- Security of State
- Public Order
- Morality
- Sovereignty and Integrity of India
Article 20 – Protection in Criminal Cases
Three protections:
| Protection | Meaning |
|---|---|
| No ex-post facto law | Cannot be punished for an act that was not a crime when committed |
| No double jeopardy | Cannot be punished twice for the same offence |
| No self-incrimination | Cannot be forced to be witness against oneself |
Note: Article 20 cannot be suspended even during Emergency.
Article 21 – Protection of Life and Personal Liberty
“No person shall be deprived of his life or personal liberty except according to procedure established by law.”
WBCS PYQ: Right to Life and Personal Liberty is under?
✔ Article 21
Important Supreme Court interpretations:
| Case | Expansion |
|---|---|
| Maneka Gandhi Case (1978) | “Procedure established by law” must be fair, just, and reasonable |
| Unnikrishnan Case (1993) | Right to Education is part of Article 21 |
Article 21A – Right to Education
| Detail | Information |
|---|---|
| Added by | 86th Constitutional Amendment (2002) |
| Age group | 6 to 14 years |
| Made Fundamental Right | Yes |
| Made Fundamental Duty | Also added as duty of parents (Article 51A) |
Article 22 – Protection against Arrest
| Provision | Detail |
|---|---|
| Right to be informed of grounds of arrest | Yes |
| Right to consult a lawyer | Yes |
| Produce before magistrate within | 24 hours (excluding travel time) |
| Detention beyond 24 hours | Only with magistrate’s approval |
Exception: Preventive detention (can be detained without trial for up to 3 months).
3. Right Against Exploitation (Articles 23–24)
Article 23
Prohibits:
| Prohibited |
|---|
| Human trafficking |
| Begar (forced labour without payment) |
Article 24
Prohibits employment of children below 14 years in:
| Places |
|---|
| Factories |
| Mines |
| Hazardous occupations |
WBCS PYQ: Which Article prohibits child labour?
✔ Article 24
4. Right to Freedom of Religion (Articles 25–28)
Article 25
Freedom of conscience and right to profess, practice, and propagate religion.
Note: State can regulate secular activities.
Article 26
Religious denominations can:
| Rights |
|---|
| Establish institutions |
| Manage religious affairs |
| Own property |
WBCS PYQ: Article 26 deals with?
✔ Rights of religious denominations
Article 27
No tax for promotion of a particular religion.
Article 28
No religious instruction in wholly state-funded institutions.
WBCS PYQ: Article 28 deals with?
✔ No religious instruction in state-funded institutions
5. Cultural and Educational Rights (Articles 29–30)
Article 29
Protection of interests of minorities.
| Provision |
|---|
| Right to conserve language, script, or culture |
| Cannot be denied admission on grounds of religion, race, caste, etc. |
WBCS PYQ: Article 29 deals with?
✔ Protection of minority interests
Article 30
Minorities can establish and administer educational institutions.
Right to compensation if state acquires such institutions.
6. Right to Constitutional Remedies (Article 32)
| Detail | Information |
|---|---|
| Allows citizens to move Supreme Court directly for enforcement of FRs | |
| Called “Heart and Soul of the Constitution” by Dr. B.R. Ambedkar | |
| Supreme Court power under Article 32 | |
| High Court power under Article 226 |
WBCS PYQ: Heart and Soul of Constitution?
✔ Article 32
Constitutional Writs
Writs can be issued by:
- Supreme Court (Article 32)
- High Courts (Article 226)
| Writ | Meaning | Purpose |
|---|---|---|
| Habeas Corpus | “To have the body” | Against illegal detention |
| Mandamus | “We command” | Compel public duty |
| Prohibition | “Stop proceedings” | Before judgment (lower court) |
| Certiorari | “To be certified” | After judgment (quash order) |
| Quo Warranto | “By what authority” | Question legality of public office |
WBCS PYQ: Habeas Corpus means?
✔ To have the body
Difference between Prohibition and Certiorari:
| Writ | Time of Issue |
|---|---|
| Prohibition | Before judgment |
| Certiorari | After judgment |
Reasonable Restrictions
| Aspect | Detail |
|---|---|
| Fundamental Rights are not absolute | |
| Reasonable restrictions can be imposed by Parliament and State Legislature | |
| Grounds | Security of State, Public Order, Morality, Sovereignty & Integrity |
WBCS PYQ: Who can impose reasonable restrictions?
✔ Parliament
Right to Property – Important Note
| Original Position | Present Position |
|---|---|
| Article 19(1)(f) – Right to acquire, hold, dispose property | Removed |
| Article 31 – Right to property as FR | Removed |
| Removed by | 44th Amendment (1978) |
| Now under | Article 300A |
| Present status | Constitutional Right (not Fundamental Right) |
WBCS PYQ: Right to Property is?
✔ Not a Fundamental Right (Constitutional Right)
Right to Strike
| Status | Detail |
|---|---|
| Right to strike | Not a Fundamental Right |
WBCS PYQ: Right to strike is?
✔ Not a Fundamental Right
Suspension of Fundamental Rights
During National Emergency (Article 352)
| Articles | Status |
|---|---|
| Article 19 | Automatically suspended |
| Other FRs | Can be suspended by Presidential order |
| Article 20 & 21 | Cannot be suspended |
During President’s Rule (Article 356)
- Fundamental Rights not suspended
Articles 33–35 (Miscellaneous)
| Article | Provision |
|---|---|
| Article 33 | Parliament can modify FRs for Armed Forces |
| Article 34 | FRs can be restricted during martial law |
| Article 35 | Parliament has power to make laws on FRs |
Important Articles at a Glance
| Article | Subject |
|---|---|
| 12 | Definition of State |
| 14 | Equality before Law |
| 15 | No Discrimination |
| 16 | Equal Opportunity in Employment |
| 17 | Abolition of Untouchability |
| 18 | Abolition of Titles |
| 19 | Six Freedoms |
| 20 | Protection in Criminal Cases |
| 21 | Life and Personal Liberty |
| 21A | Right to Education (6-14 years) |
| 22 | Protection against Arrest |
| 23 | Human Trafficking & Forced Labour |
| 24 | Child Labour Prohibited |
| 25 | Freedom of Religion |
| 26 | Rights of Religious Denominations |
| 27 | No Tax for Religion |
| 28 | No Religious Instruction in State Institutions |
| 29 | Protection of Minority Interests |
| 30 | Minority Educational Institutions |
| 32 | Constitutional Remedies (Heart & Soul) |
| 226 | High Court’s writ power |
| 300A | Right to Property (not FR) |
WBCS Most Repeated Questions
| Question | Answer |
|---|---|
| Abolition of Untouchability | Article 17 |
| Abolition of Titles | Article 18 |
| Freedom of Speech | Article 19(1)(a) |
| Right to Life | Article 21 |
| Right to Education | Article 21A |
| Child Labour Prohibition | Article 24 |
| Religious Denominations | Article 26 |
| No Religious Instruction | Article 28 |
| Minority Rights | Article 29 |
| Heart and Soul of Constitution | Article 32 |
| Right to Property | Article 300A (not FR) |
| Right to Strike | Not a FR |
WBCS Revision Box
🔹 Part III → Fundamental Rights
🔹 Articles 12-35 → Fundamental Rights
🔹 Magna Carta of India → Fundamental Rights
🔹 Article 17 → Untouchability abolished
🔹 Article 18 → Titles abolished
🔹 Article 19 → Six freedoms
🔹 Article 20 → No ex-post facto, no double jeopardy, no self-incrimination
🔹 Article 21 → Life and Liberty
🔹 Article 21A → Right to Education (86th Amendment, 2002)
🔹 Article 24 → Child labour prohibited (below 14 years)
🔹 Article 32 → Heart and Soul (Constitutional Remedies)
🔹 Article 226 → High Court writs
🔹 Article 300A → Right to Property (not FR)
🔹 44th Amendment (1978) → Right to Property removed as FR
🔹 86th Amendment (2002) → Right to Education addedQuick Revision Trick (Memory Aid)
“17-18-19-21-24-32”
| Number | Reminds |
|---|---|
| 17 | Untouchability |
| 18 | Titles |
| 19 | Freedom |
| 21 | Life |
| 24 | Child Labour |
| 32 | Constitutional Remedies |
Quick Practice Questions (WBCS Pattern)
1. Which Article abolishes untouchability?
(a) Article 14
(b) Article 15
(c) Article 17
(d) Article 18
✔ (c) Article 17
2. Right to Property is now a:
(a) Fundamental Right
(b) Constitutional Right
(c) Legal Right
(d) Natural Right
✔ (b) Constitutional Right
3. Which Amendment added Right to Education as a Fundamental Right?
(a) 42nd Amendment
(b) 44th Amendment
(c) 86th Amendment
(d) 93rd Amendment
✔ (c) 86th Amendment
4. Article 32 is called the “Heart and Soul” of the Constitution by:
(a) Jawaharlal Nehru
(b) B.R. Ambedkar
(c) Rajendra Prasad
(d) Mahatma Gandhi
✔ (b) B.R. Ambedkar
5. Right to strike is:
(a) Fundamental Right
(b) Constitutional Right
(c) Legal Right
(d) Not a Fundamental Right
✔ (d) Not a Fundamental Right