The Fundamental Rights, enshrined in Part III of the Constitution (Articles 12 to 35) are inspired by the Bill of

Rights in the US Constitution. The Fundamental Rights are named so because they are guaranteed and
protected by the Constitution, which is the fundamental law of the land. They are ‘fundamental’ also in the
sense that they are most essential for the all-round development of the individuals.

Features
●​ They are not absolute but qualified. The state can impose reasonable restrictions on them. Thus, they
strike a balance between individual liberty and social control.
●​ Some of them are negative in character, that is, place limitations on the authority of the State, while
others are positive in nature, conferring certain privileges on the persons.
●​ They are justiciable and guaranteed by the Supreme Court.
●​ They are not permanent and can be amended or repealed by a constitutional amendment, provided it
does not alter the Constitution's basic structure.
●​ Their scope of operation is limited by Article 31A (saving of laws providing for acquisition of estates,
etc.), Article 31B (validation of certain acts and regulations included in the 9th Schedule) and Article
31C (saving of laws giving effect to certain directive principles).
●​ Most of them are directly enforceable (self-executory) while a few of them can be enforced on the basis
of a law made by the Parliament for giving effect to them (Article 35).
●​ They can be suspended during a National Emergency, except Articles 20 and 21. Their application can
be restricted for armed forces and other security services (Article 33) and under martial law (Article 34).

1. Right to equality (Articles 14–18)

●​ Article 14- Equality before Law and Equal Protection of Laws: ‘Equality before law’ connotes: (a)
absence of special privileges (b) equal subjection of all persons to the ordinary law of the land and (c)
no person is above the law. ‘Equal protection of laws’ connotes: (a) equality of treatment under equal
circumstances (b) similar application of the same laws to all persons who are similarly situated and (c)
the like should be treated alike without any discrimination. While the former is a negative concept and
the latter is positive, both aim to establish equality of status, opportunity, and justice.
●​ Article 15- Prohibition of Discrimination on Certain Grounds: Article 15 provides that the State
shall not discriminate against any citizen on grounds only of religion, race, caste, sex or place of birth.
The second provision of Article 15 says that no citizen shall be subjected to any disability, liability,
restriction or condition on these grounds with regard to (a) access to shops, public restaurants, hotels
and places of public entertainment; or (b) the use of wells, tanks, bathing ghats, road and places of
public resort maintained wholly or partly by State funds or dedicated to the use of general public.
●​ Article 16- Equality of Opportunity in Public Employment: Article 16 states that no citizen can be
discriminated against or be ineligible for any employment or office under the State on grounds of only
religion, race, caste, sex, descent, place of birth or residence.
●​ Article 17- Abolition of Untouchability: Article 17 abolishes ‘untouchability’ and forbids its practice in
any form. In 1976, the Untouchability (Offences) Act was comprehensively amended & renamed as the
Protection of Civil Rights Act, 1955 to enlarge the scope & make penal provisions more stringent.
●​ Article 18- Abolition of Titles: Hereditary titles of nobility like Maharaja, Raj Bahadur, Rai Bahadur,
Rai Saheb, Dewan Bahadur, etc, which were conferred by colonial States are banned by Article 18 as
these are against the principle of equal status of all.

2. Right to freedom (Articles 19–22)

●​ Article 19- Protection of Six Rights: These are: (i) Right to freedom of speech & expression. (ii) Right
to assemble peaceably & without arms. (iii) Right to form associations, unions or co-operative societies.
(iv) Right to move freely throughout the territory of India. (v) Right to reside and settle in any part of the
territory of India. (vi) Right to practice any profession or to carry on any occupation, trade or business.
●​ Article 20- Protection in Respect of Conviction for Offences: Article 20 grants protection against
arbitrary and excessive punishment to an accused person, whether citizen, foreigner or corporation. It
contains three provisions: (a) No ex-post-facto law (b) No double jeopardy (c) No self-incrimination.
●​ Article 21- Protection of Life and Personal Liberty: Article 21 declares that no person shall be
deprived of his life or personal liberty except according to procedure established by law. In the Menaka
 Gandhi case (1978), the SC adopted a wider interpretation of Article 21 by adopting the American
expression ‘due process of law’. Further, the Court ruled that ‘Personal Liberty’ is of the widest
amplitude and covers a variety of rights such as human dignity, livelihood, health, shelter, etc. Article
21(A), introduced by the 86th Constitutional Amendment in 2002, provides that the State shall provide
free and compulsory education to all children between the ages of 6 and 14.
●​ Article 22- Protection Against Arrest and Detention: Its first part grants rights to those arrested
under ordinary law, including the right to be informed of arrest grounds, legal representation,
appearance before a magistrate within 24 hours, and release after 24 hours unless further detention is
authorized. The second part provides protections under preventive detention, including a maximum
three-month detention (extendable by a high court advisory board), communication of detention
grounds, and the right to representation.

3. Right against exploitation (Articles 23–24)

●​ Article 23- Prohibition of Traffic in Human Beings and Forced Labour: ‘Traffic in human beings’
includes (a) selling and buying of men, women and children like goods; (b) immoral traffic in women &
children, including prostitution; (c) devadasis; and (d) slavery. These acts are punishable under the
Immoral Traffic (Prevention) Act, 1956. Article 23 also prohibits ‘begar’ (compulsory work without
remuneration) and other forms of forced labour, including bonded labour. In this regard, the Bonded
Labour System (Abolition) Act, the Minimum Wages Act, and the Contract Labour Act were made.
●​ Article 24- Prohibition of Employment of Children in Factories, etc: Article 24 prohibits the
employment of children below the age of 14 years in factores, mines or other hazardous activities. The
Child Labour (Prohibition and Regulation) Act, 1986, is the most important law in this direction.

4. Right to freedom of religion (Article 25–28)

●​ Article 25- Freedom of Conscience (inner freedom to choose one’s relation with God) and Free
Profession (openly declare religious beliefs), Practice (perform religious rituals) and Propagation of
Religion (share religious beliefs without forcing conversions).
●​ Article 26- Freedom to Manage Religious Affairs: Every religious denomination has the right to: (a)
establish and maintain institutions for religious and charitable purposes; (b) manage its own affairs in
matters of religion; (c) own and acquire movable and immovable property; and (d) administer such
property in accordance with law.
●​ Article 27- Freedom from Taxation for Promotion of a Religion: No person shall be compelled to
pay any taxes for the promotion or maintenance of any particular religion, meaning the State should not
spend the public money collected by way of tax to support one religion over the other.
●​ Article 28- Freedom from Attending Religious Instruction: Article 28 prohibits religious instruction
in educational institutions wholly funded by the State, but allows it in institutions established under
endowments or trusts. In State-recognized or State-aided institutions, religious instruction is allowed
voluntarily, requiring consent from students or their guardians if minors.

5. Cultural and educational rights (Articles 29–30)

●​ Article 29- Protection of Interests of Minorities: Article 29 provides that any section of the citizens
residing in any part of India having a distinct language, script or culture of its own, shall have the right
to conserve the same. It grants protection to both religious minorities as well as linguistic minorities.
●​ Article 30- Right of Minorities to Establish and Administer Educational Institutions: Article 30
grants religious and linguistic minorities the right to establish and administer educational institutions of
their choice. It ensures fair compensation for compulsory property acquisition and prohibits State
discrimination in granting aid to minority-run institutions.

6. Right to constitutional remedies (Article 32): Dr. Ambedkar called Article 32 the soul and heart of the
Constitution. It grants every individual the right to move the SC for the enforcement of their fundamental rights.
Moreover, the SC has the power to issue directions or orders or writs for this enforcement. The writs issued
include Habeas Corpus, Mandamus, Prohibition, Certiorari and Quo-Warranto.
7. Criticism
Excessive Limitations: FRs are heavily restricted with numerous exceptions and qualifications, leading critics
to argue that rights are granted with one hand and taken away with the other, making them seem conditional.
No Socio-economic Rights: The Constitution focuses mainly on political rights and lacks essential
socio-economic rights like social security, employment, and leisure, provided in advanced democracies.
No Clarity: The language used is vague and ambiguous, with terms like ‘public order’ and ‘reasonable
restriction’ undefined, making the rights complex and difficult for the common man to understand.
Suspension During Emergency: FRs (except Articles 20 and 21) can be suspended during a National
Emergency, threatening democratic principles and endangering citizens’ rights.
Preventive Detention: Article 22 allows preventive detention, granting the state arbitrary power and negating
individual liberty, which is uncommon in other democratic constitutions.

8. Conclusion
The Fundamental Rights are meant for promoting the ideal of political democracy. They prevent the
establishment of a despotic rule in the country, and protect the liberties of the people. In short, they aim at
establishing ‘a government of laws and not of men’.