Fundamental Rights are rights recognized by the Constitution as essential for the development and dignity of individuals. Laid out in Part III as the Magna Carta of India, Articles 12 to 35 are specifically protected and guaranteed by the Constitution itself and cannot be taken away by ordinary legislation. Everyone has the right to petition the Supreme Court or High Courts for enforcement if their fundamental rights are being violated.

Salient Features

Feature	Significance
Justiciable (Enforceable)	One of the most crucial features. Article 32 (Supreme Court) and Article 226 (High Courts) guarantee their enforcement through the power to issue Writs (Habeas Corpus, Mandamus, etc.). This makes them “real” rights, not mere promises.
Not Absolute, but Qualified	FRs are not unlimited; they are subject to ‘reasonable restrictions’ imposed by the state on grounds like public order, security, and morality. The judiciary is ultimately responsible for determining ‘reasonableness’.
Amendable	Parliament can amend FRs under Article 368, but this power is restricted. The Parliament cannot alter or destroy the ‘Basic Structure’ of the Constitution, a doctrine established by the Supreme Court (Kesavananda Bharti case, 1973).
Suspension	They can be suspended during a National Emergency (Article 352), with the exception of the rights provided by Articles 20 and 21.
Judicial Dynamism	The judiciary, notably the Supreme Court, has actively broadened the scope of rights, transforming the Right to Life (Article 21) into a comprehensive charter that includes the Right to Health, Clean Environment, Speedy Trial, and Dignity.

Categorization of Fundamental Rights

The six guaranteed Fundamental Rights are:

1. Right to Equality (Articles 14–18)

Article	Provision	Key Point
Article 14	Equality Before Law (UK Concept) and Equal Protection of Laws (US Concept).	Allows for “reasonable classification” but prohibits “class legislation.” This is the core of equal treatment.
Article 15 & 16	Prohibition of discrimination (15) and equality of opportunity in public employment (16) on grounds of religion, race, caste, sex, or place of birth.	Provides for Protective Discrimination (reservations) to ensure substantive (real) equality, not just formal equality.
Article 17	Abolition of Untouchability.	Represents a powerful tool for achieving social justice and dismantling historical hierarchies.

2. Right to Freedom (Articles 19–22)

Article	Provision	Key Point
Article 19	Guarantees six essential freedoms (Speech & Expression, Assembly, Association, Movement, Residence, Profession).	These are the bedrock of democratic functioning and are subject to restrictions defined by the state.
Article 21	Protection of Life and Personal Liberty.	The most dynamically interpreted article; the judiciary has expanded its scope to include the right to a Dignified Life, Right to Health, Right to Privacy (Puttaswamy Case), and Right to a Clean Environment.
Article 21A	Right to Education (86th Amendment, 2002) for children aged 6–14 years.	Connects FRs with DPSP (Article 45) to ensure universal basic education.
The most dynamically interpreted article; the judiciary has expanded its scope to include the right to a Dignified Life, Right to Health, Right to Privacy (Puttaswamy Case), and Right to Clean Environment.	Protection in respect of conviction (20) and protection against arbitrary arrest and detention (22).	Ensures Rule of Law and due legal process, including the right to be informed of the grounds of arrest and shall be produced before a magistrate within 24 hours.

3. Right Against Exploitation (Articles 23–24)

Article	Provision
Article 23	Prohibits human trafficking and begar (forced labour or work without remuneration).
Article 24	Prohibits the employment of children below 14 years of age in hazardous occupations (e.g., factories and mines).

4. Right to Freedom of Religion (Articles 25–28)

Article	Provision
Article 25	guarantees the freedom of conscience, and the right to freely profess, practice, and propagate religion. This establishes India’s doctrine of Positive Secularism (equal respect and protection for all religions).
Article 26	grants religious denominations the freedom to manage their own religious affairs.

5. Cultural and Educational Rights (Articles 29–30)

Article	Provision
Article 29	Grants any section of citizens the right to conserve its distinct language, script, or culture.
Article 30	Confers on all religious and linguistic minorities the right to establish and administer educational institutions of their choice.

6. Right to Constitutional Remedies (Article 32)

• This right makes the other FRs effective. Dr B.R. Ambedkar called it the “heart and soul of the Constitution.”
• It empowers the Supreme Court to issue five types of Writs (Habeas Corpus, Mandamus, Prohibition, Certiorari, and quo warranto) to enforce these rights.

PREVIOUS YEAR QUESTIONS

What is the current status of the Right to Property? (CGPSC 2024)

Discuss any three ‘reasonable restrictions’ on the Right to Freedom of Religion. (RPSC 2023)

Explain the concept of ‘Protective Discrimination’ under the Indian Constitution. (RPSC 2022)

Critically evaluate the expansion of the Right to Life under Article 21 of the Indian Constitution. (UPPSC 2022)

Explain the difference between Fundamental Rights and Directive Principles of State Policy. (MPPSC 2022)

Discuss the concept of Equality before Law as per the Constitution of India. (MPPSC 2022)