Fundamental Rights in India: Part III of the Indian Constitution

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What are the Fundamental Rights?

Fundamental rights are a collection of constitutional guarantees granted to all Indian citizens. They are justiciable, which means that courts can enforce them if the government or another institution violates them. A person's fundamental rights can only be constrained under one condition: an emergency. 

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Where does the Idea of Fundamental Rights Come from?

The model of Fundamental Rights of the Indian Constitution is borrowed from the United States (US) Constitution. They are codified in Part III (Articles 12–35) of the Constitution and are regarded as the building blocks of Indian democracy.

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How many Fundamental Rights are there?

In the Indian Constitution, 6 kinds of Fundamental Rights are mentioned.

1. Right to Equality
2. Right to Freedom
3. Right against Exploitation
4. Right to Freedom of Religion
5. Cultural and Educational Rights
6. Right to Constitutional Remedies

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Fundamental Rights Articles

Articles 12 and 13 of the Indian Constitution

• Article 12 defines the term “State”, as most of the Fundamental Rights protect the citizens from the State and its organs. 
• Article 13 deals with the laws that are inconsistent with the essence of the Fundamental Rights, barring the legislature from passing such a law. Both articles are to some extent matters of interpretation by the Judiciary.

Right to Equality (Articles 14-18):

• Equality before law (Article 14)
• Prohibition of discrimination on grounds of religion, race, caste, sex, or place of birth (Article 15)
• Equality of opportunity in matters of public employment (Article 16)
• Abolition of untouchability (Article 17)
• Abolition of titles (Article 18)

Right to Freedom (Articles 19-22):

• Freedom of speech and expression (Article 19(1)(a))
• Freedom to assemble peacefully and without arms (Article 19(1)(b))
• Freedom to form associations or unions (Article 19(1)(c))
• Freedom to move freely throughout the territory of India (Article 19(1)(d))
• Freedom to reside and settle in any part of the territory of India (Article 19(1)(e))
• Freedom to practice any profession, or to carry on any occupation, trade, or business (Article 19(1)(g))
• Protection in respect of conviction for offenses (Article 20)
• Protection of life and personal liberty (Article 21)
• Protection against arrest and detention in certain cases (Article 22)

Right against Exploitation (Articles 23-24):

• Prohibition of trafficking in human beings and forced labor (Article 23)
• Prohibition of employment of children in hazardous jobs (Article 24)

Right to Freedom of Religion (Articles 25-28):

• Freedom of conscience and free profession, practice, and propagation of religion (Article 25)
• Freedom to manage religious affairs (Article 26)
• Freedom from paying taxes for the promotion of any particular religion (Article 27)
• Freedom from attending religious instruction or religious worship in certain educational institutions (Article 28)

Cultural and Educational Rights (Articles 29-30):

• Protection of interests of minorities (Article 29)
• Right of minorities to establish and administer educational institutions (Article 30)

Right to Constitutional Remedies (Article 32):

• Right to move the Supreme Court for enforcement of Fundamental Rights
• The Supreme Court shall have the power to issue directions, orders, or writs for the enforcement of any of the fundamental rights.
• B.R. Ambedkar famously once called Article 32 the “Heart and Soul” of our Constitution, as Article 32 binds the State to enforce the Fundamental Rights.

Power of Parliament to modify the Fundamental Rights of Armed Forces, Paramilitary, and Police (Article 33):

• The Parliament can restrict or abrogate the fundamental rights of Armed forces, paramilitary, and Police if needed.

Restrictions on Fundamental Rights while Martial Law is enforced (Article 34):

• The Fundamental Rights of this part (part III) can be restricted if martial law has been imposed in any part of the country.
• Martial law is established in extreme circumstances such as war, invasion, insurgency, rebellion, riot, or any armed rebellion against the law.

Powers of Parliament to make law regarding Fundamental Rights (Article 35): 

• Article 35 states that the power to establish laws and give effect to certain specified fundamental rights shall vest only in Parliament, not in state legislatures.

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Is the Right to Property a Fundamental Right?

• Article 31 of the Indian Constitution is no longer in effect. It originally addressed property rights but was repealed by the 44th Constitutional Amendment Act in 1978.
• The Right to Property was one of the Fundamental Rights, which stated that no individual shall be deprived of his property except by law.
• The 44th Amendment Act of 1978 moved it to article 300A in part XII, making it a legal right rather than a Fundamental Right.