Fundamental Rights Every Student Should Know

Fundamental rights are the basic rights guaranteed to people in Part III of the Constitution of India, in Articles 12 to 35. They include the right to equality, six freedoms such as speech and movement, protection of life and personal liberty, freedom of religion, cultural and educational rights, and the right to approach the Supreme Court when these rights are violated.

For a law student, Part III is where constitutional law comes alive. For every citizen, it is the toolkit for standing up to unfair treatment by the State. Here is a short map of the rights and the cases that shaped them.

Against whom can fundamental rights be enforced?

Most fundamental rights are enforceable against the "State", defined in Article 12 to include the government, Parliament, state legislatures and local or other authorities. Courts have extended this to bodies that are financed or controlled by the government. A few rights, such as the abolition of untouchability (Article 17) and the prohibition of forced labour (Article 23), also apply to private persons.

What does the right to equality cover?

• Article 14: equality before the law and equal protection of the laws.
• Article 15: no discrimination on grounds of religion, race, caste, sex or place of birth, with room for special provisions for women, children and backward classes.
• Article 16: equality of opportunity in public employment.
• Article 17: abolition of untouchability.
• Article 18: abolition of titles.

Equality does not mean identical treatment. The State may classify people reasonably, as long as the classification has a rational connection to the purpose of the law.

What freedoms does Article 19 protect?

Article 19(1) protects the freedoms of speech and expression; to assemble peaceably; to form associations or unions; to move freely throughout India; to reside and settle anywhere in India; and to practise any profession or carry on any occupation, trade or business. Each freedom can be limited by reasonable restrictions on grounds listed in the Constitution, such as public order, decency and the sovereignty and integrity of India.

Why is Article 21 called the heart of Part III?

Article 21 says no person shall be deprived of life or personal liberty except according to procedure established by law. In Maneka Gandhi v. Union of India (1978), the Supreme Court held that such procedure must be fair, just and reasonable. Since then, Article 21 has been read to include the right to live with dignity, to a speedy trial, to legal aid, to a clean environment and, in Justice K.S. Puttaswamy v. Union of India (2017), the right to privacy.

Article 21A, added in 2002, makes free and compulsory education a fundamental right for children aged six to fourteen. Article 22 gives protections on arrest and detention.

What are the other rights in Part III?

• Articles 23 and 24: right against exploitation, prohibiting trafficking, forced labour and employment of children below fourteen in factories, mines and hazardous work.
• Articles 25 to 28: freedom of conscience and religion, subject to public order, morality and health.
• Articles 29 and 30: cultural and educational rights of minorities, including the right to establish and administer educational institutions.

How are fundamental rights enforced?

Article 32 gives the right to move the Supreme Court for enforcement of fundamental rights, through writs such as habeas corpus, mandamus, prohibition, certiorari and quo warranto. Dr. B.R. Ambedkar called it the very soul and heart of the Constitution. High Courts can issue similar writs under Article 226, which is wider because it also covers other legal rights.

Can Parliament take away fundamental rights?

Parliament can amend the Constitution, including Part III, but in Kesavananda Bharati v. State of Kerala (1973) the Supreme Court held that amendments cannot destroy the basic structure of the Constitution. Judicial review and the essence of fundamental rights are part of that structure.

Sources

• India Code and the Legislative Department: the Constitution of India, current text.
• Supreme Court of India: judgments.

Constitutional law runs through the B.A. LL.B. and LL.B. programmes at Mugil College of Law. The college's Constitution Committee also organises events such as Preamble readings and constitutional quizzes.