Fundamental Rights — TNPSC Group 4 Polity Notes

Overview

Fundamental Rights are guaranteed in Part III (Articles 12–35) of the Constitution. They are justiciable — meaning if violated, a citizen can approach the courts for enforcement. They protect individuals from arbitrary state action and are essential to a democratic society.

Originally 7, now 6 Fundamental Rights exist (Right to Property removed in 1978).

The Six Fundamental Rights

Right to Equality (Articles 14–18)

Article 14 — Equality before law + equal protection of laws. Applies to all persons (citizens and foreigners).

Article 15 — No discrimination by the State on grounds of religion, race, caste, sex, or place of birth. Exception: State can make special provisions for women, children, and socially/educationally backward classes (OBC, SC, ST).

Article 16 — Equal opportunity in public employment. No discrimination in government jobs on the five grounds above. Exception: reservations for SC/ST/OBC allowed.

Article 17 — Abolition of Untouchability. Practising untouchability is a punishable offence. The Protection of Civil Rights Act (1955) gives teeth to this right.

Article 18 — Abolition of Titles. The State cannot confer titles (except military and academic). Indian citizens cannot accept titles from foreign governments. Note: Bharat Ratna and Padma awards are NOT titles — Supreme Court confirmed this.

Right to Freedom (Articles 19–22)

Article 19 — Six freedoms (originally 7; Right to property removed): 1. Freedom of speech and expression 2. Freedom to assemble peacefully (without arms) 3. Freedom to form associations or unions 4. Freedom to move freely throughout India 5. Freedom to reside and settle anywhere in India 6. Freedom to practise any profession or carry on any occupation, trade or business

All six are subject to reasonable restrictions by the State (e.g., national security, public order, morality).

Article 20 — Protection against self-incrimination, double jeopardy, and ex-post-facto laws:

• No one can be convicted for an act that was not an offence when it was committed
• No one can be prosecuted for the same offence twice
• No one can be compelled to be a witness against himself

Article 21 — Protection of Life and Personal Liberty. One of the most litigated articles:

• No person deprived of life/liberty except by procedure established by law
• Expanded by Supreme Court to include: right to education, health, privacy (9-judge bench, 2017), dignified life, speedy trial, legal aid

Article 21A — Right to Education (added by 86th Amendment, 2002). Free and compulsory education for children aged 6–14 years. Implemented through RTE Act 2009.

Article 22 — Protection against arbitrary arrest and detention:

• Right to be informed of grounds of arrest
• Right to consult a lawyer
• Produced before a Magistrate within 24 hours of arrest
• Preventive detention laws can override these protections

Right against Exploitation (Articles 23–24)

Article 23 — Prohibition of traffic in human beings and forced labour (begar). Trafficking of persons and forced labour are offences punishable by law.

Article 24 — Prohibition of employment of children below 14 years in any factory, mine, or hazardous occupation. The Child Labour (Prohibition and Regulation) Amendment Act 2016 extended this to below 14 years in all work.

Right to Freedom of Religion (Articles 25–28)

Article 25 — Freedom of conscience and freedom to profess, practise, and propagate religion. Subject to public order, morality, and health.

Article 26 — Every religious denomination has the right to establish and maintain institutions for religious and charitable purposes.

Article 27 — No person can be compelled to pay taxes for promotion of any particular religion.

Article 28 — No religious instruction in fully State-funded educational institutions. (Minority-run schools aided by State may impart religious instruction.)

Cultural and Educational Rights (Articles 29–30)

Article 29 — Any section of citizens with a distinct language/script/culture has the right to conserve it. Citizens cannot be denied admission to State-funded institutions on grounds of religion, race, caste, or language.

Article 30 — All religious and linguistic minorities have the right to establish and administer educational institutions of their choice. State cannot discriminate in granting aid on grounds that an institution is managed by a minority.

Right to Constitutional Remedies (Article 32)

Called the "Heart and Soul of the Constitution" by Dr. Ambedkar.

Article 32 guarantees the right to move the Supreme Court for enforcement of Fundamental Rights. The Supreme Court can issue five types of writs:

Article 226 — High Courts can also issue writs, but for both Fundamental Rights AND other purposes (wider scope than Article 32).

Important for Exam - 6 Fundamental Rights in Part III (Articles 12–35) - Article 14 = Equality before law (citizens + non-citizens) - Article 17 = Abolition of Untouchability - Article 19 = 6 freedoms (speech, assembly, association, movement, residence, profession) - Article 21 = Right to Life; Article 21A = Right to Education (6–14 years) - Article 32 = "Heart and Soul" — Right to Constitutional Remedies - Right to Property removed by 44th Amendment, 1978 - Habeas Corpus = release from illegal detention