Polity & Governance
Fundamental Rights
GS Paper II
Fundamental Rights — Quick Revision
One-page UPSC revision of Fundamental Rights (Articles 12–35): the six rights, citizens-only rights, amendments, suspension during emergency, writs and landmark cases.
SyllabusGS II · Indian Constitution — historical underpinnings, evolution, features, amendments, significant provisions and basic structure
A last-week revision sheet for Part III. Every line here is a Prelims statement waiting to be tested.
The Map of Part III
| Article(s) | Provision |
|---|---|
| 12 | Definition of “State” |
| 13 | Laws inconsistent with Fundamental Rights are void (basis of judicial review) |
| 14–18 | Right to Equality |
| 19–22 | Right to Freedom (19: six freedoms; 20: protection in respect of conviction; 21: life and personal liberty; 21A: education; 22: arrest and detention) |
| 23–24 | Right against Exploitation |
| 25–28 | Right to Freedom of Religion |
| 29–30 | Cultural and Educational Rights |
| 32 | Right to Constitutional Remedies |
| 33 | Parliament may restrict rights of armed forces, police, intelligence personnel |
| 34 | Restrictions while martial law is in force |
| 35 | Parliament’s power to legislate on certain rights |
Who Can Claim What
Citizens only
Articles 15, 16, 19, 29 and 30. Everything else in Part III is available to all persons (some, like Article 21, even to foreigners).
Amendments to Remember
| Amendment | Change |
|---|---|
| 1st (1951) | Article 15(4); reasonable restrictions on Article 19(1)(a) widened; Ninth Schedule created |
| 44th (1978) | Right to property removed from Part III (now Article 300A); Articles 20 and 21 cannot be suspended in emergency |
| 86th (2002) | Article 21A — free and compulsory education for children aged 6–14 |
| 93rd (2005) | Article 15(5) — reservation in educational institutions, including private ones |
| 97th (2011) | Article 19(1)(c) — right to form co-operative societies |
| 103rd (2019) | Articles 15(6) and 16(6) — EWS reservation up to 10% |
Emergency and Fundamental Rights
- Article 358: when a National Emergency is declared on the ground of war or external aggression, Article 19 is suspended automatically.
- Article 359: the President may suspend the right to move courts for enforcement of other rights — except Articles 20 and 21 (44th Amendment).
Writs (Articles 32 and 226)
| Writ | Meaning | Purpose |
|---|---|---|
| Habeas corpus | “To have the body” | Against unlawful detention |
| Mandamus | “We command” | To compel a public official to perform a duty |
| Prohibition | — | Stops a lower court/tribunal from exceeding jurisdiction |
| Certiorari | “To be certified” | Quashes an order already passed without jurisdiction |
| Quo warranto | “By what authority” | Against usurpation of a public office |
Article 32 is itself a Fundamental Right; Article 226 (High Courts) is wider — it covers “any other purpose”, including legal rights.
Landmark Cases
| Case | Holding |
|---|---|
| A.K. Gopalan (1950) | Narrow reading of Article 21 (later overruled) |
| Kesavananda Bharati (1973) | Parliament can amend Fundamental Rights but not the basic structure |
| Maneka Gandhi (1978) | Procedure under Article 21 must be fair, just and reasonable; Articles 14, 19, 21 linked |
| Indra Sawhney (1992) | OBC reservation upheld; creamy layer; 50% ceiling |
| K.S. Puttaswamy (2017) | Right to privacy is a Fundamental Right |
| Navtej Singh Johar (2018) | Section 377 IPC read down to decriminalise consensual same-sex relations |
Related Topics
- Right to Equality (Articles 14–18)
- Fundamental Rights — practice questions
- Fundamental Rights — overview
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