All 6 fundamental rights in india : judiciary & upsc

The Constitution of India is the country’s supreme law, ensuring a democratic framework that upholds justice, liberty, and equality. It guarantees its citizens inalienable human rights, known as Fundamental Rights (Mul Adhikar), which are enshrined in Part III (Articles 12–35). These rights not only protect individual dignity and freedom but also lay the foundation for a just and egalitarian society.

Fundamental Rights serve as a shield against arbitrary state actions, ensuring that every citizen enjoys personal liberty and social justice. They empower individuals to develop their personality to the fullest, fostering an environment of constitutional protection and democratic governance.

In this comprehensive article on judiciaryexam.com, we will explore Fundamental Rights in depth, covering their meaning, historical evolution, types, and conditions for suspension.

Meaning of Fundamental Rights:

In general terms, fundamental rights are the basic human rights that every citizen of India has at birth. The Constitution guarantees and protects these rights, which means that even the state cannot violate them. They are called ‘fundamental’ because they are indispensable for the life and all-around development of a person.

According to Justice Subbarao in Golaknath vs. State of Punjab (1967sc) –

“Fundamental Rights are natural and inalienable rights.”

Based on the above, the definition of Fundamental Rights can be as follows: “Fundamental rights are those rights which are not only essential but also indispensable for the dignified life of a human being and his intellectual, moral, and spiritual development.”

Origin of Fundamental Rights: World & India

Global Origin:

The concept of fundamental rights has its roots in Western legal history. When King John of England signed the Magna Carta (1215)\[¹], it was the first formal assertion against arbitrary royal authority. It granted certain rights to citizens for the first time. The king was made subject to the law. This was followed by the English Bill of Rights (1689)\[²], which laid the foundations of parliamentary democracy and civil liberties.

The United States Bill of Rights (US Bill of Rights 1791)\[³] introduced a charter of rights protecting freedoms such as speech, religion and due process. Similarly, the French Declaration of the Rights of Man and of the Citizen (1789)\[⁴] emphasized liberty, equality and fraternity as essential rights.

After World War II, the Universal Declaration of Human Rights (UDHR), 1948\[⁵] became the cornerstone of international human rights law. This inspired many countries, including India, to include enforceable civil liberties in their constitutions.

 Indian position: 

India’s fundamental rights were inspired both by its colonial experience and global human rights developments. The Indian National Congress demanded basic civil rights in its 1931 Karachi session, and the Nehru Report (1928)\[⁶] proposed constitutional safeguards even before independence.

The Constituent Assembly of India (1946-1949), led by Dr. B. R. Ambedkar, drafted Part III (Articles 12-35)\[⁷] of the Indian Constitution based on international examples such as the US Bill of Rights, the Irish Constitution and the Universal Declaration of Human Rights (UDHR).

Want to learn more about the UPSC and its role in Indian governance?
Check out our detailed article here What is union Public Service Commission? , UPSC Explained

 With the enactment of the Indian Constitution on 26 January 1950, the following Fundamental Rights were guaranteed:

1. 1.  Right to Equality (Articles 14-18)
   2. Right to Freedom (Articles 19-22)
   3. Right against Exploitation (Articles 23-24)
   4. Right to Religious Freedom (Articles 25-28)
   5. Cultural and Educational Rights (Articles 29-30) 
   6. Right to Constitutional Remedies (Article 32)

Article 13\[⁸] clearly states that any law inconsistent with or infringing the Fundamental Rights is void to the extent of such inconsistency.

Fundamental Rights: Indian Constitution

The Fundamental Rights in the Indian Constitution are included in Part 3 from Articles 12 to 35.

1. Right to Equality – Articles 14-18:

This fundamental right provides equality and protection to individuals before the law, so that all types of discrimination can be eliminated.

Article 14: Guarantees equality before the law and equal protection of the law.

Article 15: Prohibits discrimination on the basis of religion, race, caste, sex or place of birth.

Article 16: Ensures equal opportunity for employment in public employment under the state.

Article 17: Ends untouchability.

Article 18: Abolishes titles except military and academic titles.

2. Right to Freedom – Article 19-22:

In India, a person is given the right to freedom without unnecessary hindrance to live a dignified life and personal development.

Article 19: It provides six freedoms –

• • Freedom of speech and expression
  • Freedom to assemble peacefully and without arms
  • Freedom to form an organization or association or society
  • Freedom to move freely throughout the territory of India
  • Freedom to reside and settle in any part of the territory of India
  • Freedom to practice any profession, occupation, trade or business. This is available only to Indian citizens.
• Article 20: Provides protection to individuals from ex-post facto laws, double punishment and self-conviction.
• Article 21: Ensures protection of life and personal liberty.
• Article 21A: Ensures free and compulsory education for children aged 6-14 years.
• Article 22: Provides protection against arbitrary arrest and detention.

However, these freedoms are not absolute and the state can impose restrictions on them in the interest of public order, morality and sovereignty and integrity of India.

3.Right against exploitation – Article 23-24

This right eliminates all forms of exploitation by prohibiting human trafficking, forced labour and other similar forms of forced labour.

•  Article 23: Prohibits human trafficking and forced labour.
• Article 24: Prohibits child labour in hazardous industries and factories.

 4.Right to freedom of religion – Article 25-28

India is a secular nation i.e. the state has no official religion of its own and all religions are equally respected. This right gives citizens the freedom to follow and propagate the religion of their choice.

• Article 25: Provides freedom to all citizens of India to follow, practice and propagate their religion.
• Article 26: Gives the right to perform religious functions and manage its affairs.
• Article 27: Prohibits taxes for religious propagation.
• Article 28: Prohibits religious education in state-funded educational institutions.

 However, this freedom is subject to public order, morality and health

5. Right to Culture and Education Article 29-30

India is a country full of diversity. Every community has its own language and culture. It has the freedom to maintain it.

• Article 29: Gives the right to the citizens residing in India to maintain their language, script and culture.
• Article 30: Gives the minority groups the right to establish and administer educational institutions

6.Right to Constitutional Remedies – Article 32

The Indian Constitution not only provides fundamental rights to citizens, but also includes the right to constitutional remedies to go directly to the Supreme Court in case of their violation.

• Article 32: Gives citizens the right to appeal to the Supreme Court in case of violation of their rights.

Dr. B.R. Ambedkar has called it the “heart and soul of the Constitution“.

Also Read: What is the “Doctrine of Territorial Nexus” in the Indian Constitution and how does it work? Click here to read more.

Suspension of Fundamental Rights:

The fundamental rights in the Indian Constitution are not unlimited. Although these rights are very important, they can be suspended or limited in some exceptional circumstances. This suspension is based on national security, law and order and special administrative requirements.

Article 33: Limitation of Fundamental Rights for Armed Forces and Security Agencies

In India, the armed forces, paramilitary forces, police forces and intelligence agencies play an important role in maintaining national security and law and order.

The Parliament can limit or abolish the fundamental rights given in Part 3 in respect of their members by making a law under Article 33, so that they can discharge their duties reasonably and maintain discipline.

Article 34: Suspension of Fundamental Rights when martial law is imposed

 If martial law is imposed in any area of ​​India, then the Parliament can impose restrictions on the fundamental rights or suspend them by making a law.

It is used when serious internal disturbance or crisis arises in any region.

The Parliament can impose restrictions on the fundamental rights either fully or partially through this power so that law and order can be maintained.

National Emergency (Article 352)

When the President is satisfied that the security of India or any part of it is in danger due to war, external aggression or armed rebellion, the President can declare a national emergency. Under Article 358, during the emergency, the freedoms granted by Article 19 are automatically suspended. The President can issue an order suspending other fundamental rights (except Articles 20 and 21).

By Constitution Amendment (Article 368)

The Parliament can amend the fundamental rights by exercising its power to amend the Constitution under Article 368. However, the Parliament cannot make any such amendment which affects the basic structure of the Constitution.

 Kesavananda Bharati vs State of Kerala (1973) – In this case, the Supreme Court propounded the doctrine of basic structure. Parliament cannot change it by its power of amendment. That is, no such amendment can be made in the Constitution which destroys the basic structure of the Constitution.

 

Sources: 

1. Magna Carta, UK Parliament Archives – [https://www.parliament.uk/about/living-heritage/evolutionofparliament/magnacarta](https://www.parliament.uk/about/living-heritage/evolutionofparliament/magnacarta)

 

2. UK Bill of Rights 1689 – [https://www.legislation.gov.uk/aep/WillandMarSess2/1/2](https://www.legislation.gov.uk/aep/WillandMarSess2/1/2)

 

3. United States Bill of Rights – [https://www.archives.gov/founding-docs/bill-of-rights-transcript](https://www.archives.gov/founding-docs/bill-of-rights-transcript)

 

4. French Declaration of Rights (1789) – [https://avalon.law.yale.edu/18th\_century/rightsof.asp](https://avalon.law.yale.edu/18th_century/rightsof.asp)
5. Universal Declaration of Human Rights (UDHR) – [https://www.un.org/en/about-us/universal-declaration-of-human-rights](https://www.un.org/en/about-us/universal-declaration-of-human-rights)
6. Nehru Report (1928) Summary – [https://www.constitutionofindia.net/historical\_constitutions/nehru-report-1928/](https://www.constitutionofindia.net/historical_constitutions/nehru-report-1928/)
7. Constitution of India – Government of India Official Website – [https://legislative.gov.in/constitution-of-india](https://legislative.gov.in/constitution-of-india)

 

8. Article 13, Constitution of India – [https://indiankanoon.org/doc/1340389/](https://indiankanoon.org/doc/1340389/)