Fundamental Rights (Articles 12–35): UPSC notes
Part III of the Constitution lists six Fundamental Rights. UPSC asks which article holds which right, which rights are only for citizens, and what the big amendments changed. Here they are in order, with a trick to remember the six groups.
Short notes
- Part III, Articles 12–35. Article 12 defines "the State"; Article 13 makes laws that violate Fundamental Rights void.
- Right to Equality: Articles 14–18 (equality before law; no discrimination; equal opportunity in public jobs; abolition of untouchability; abolition of titles).
- Right to Freedom: Articles 19–22 (six freedoms in Art. 19; protection in respect of conviction, Art. 20; life and personal liberty, Art. 21; education, Art. 21A; protection against arrest and detention, Art. 22).
- Right against Exploitation: Articles 23–24 (no human trafficking or forced labour; no children below 14 in factories, mines or hazardous work).
- Right to Freedom of Religion: Articles 25–28.
- Cultural and Educational Rights: Articles 29–30 (protecting minorities' language, script, culture and their right to run educational institutions).
- Right to Constitutional Remedies: Article 32. Dr. B. R. Ambedkar called it the "heart and soul" of the Constitution.
- The Right to Property (Art. 31) was removed as a Fundamental Right by the 44th Amendment (1978); it is now a legal right under Article 300A.
- Article 21A (free and compulsory education for children aged 6–14) was added by the 86th Amendment (2002).
- Some rights are for citizens only: Articles 15, 16, 19, 29 and 30.
Memory tricks
The six rights in order
"Every Friend Enjoys Real Cultural Rights": Equality, Freedom, Exploitation (against), Religion, Cultural and educational, Remedies.
Citizens only
"15, 16, 19, 29, 30": think "the teen years and the thirties".
Practice questions
Which Article is called the "heart and soul" of the Constitution?
Show answer
Article 32. Dr. Ambedkar's description of the Right to Constitutional Remedies.
The Right to Property was removed from the list of Fundamental Rights by the:
Show answer
44th Amendment. The 44th Amendment, 1978; it is now Article 300A.
Which of these rights is available only to citizens?
Show answer
Article 19. Article 19's freedoms are for citizens only; 14, 21 and 25 cover everyone.
Article 21A was added by which amendment?
Show answer
86th. The 86th Amendment Act, 2002.
Questions
How many Fundamental Rights are there?
Six: Equality, Freedom, against Exploitation, Freedom of Religion, Cultural and Educational Rights, and Constitutional Remedies. There were seven until the Right to Property was removed in 1978.
Which Fundamental Rights cannot be suspended in an emergency?
Articles 20 and 21, after the 44th Amendment.
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