Fundamental Rights

Simple Explanation

Overview

Fundamental Rights are constitutional guarantees that protect individuals against arbitrary state action and preserve liberty, equality and dignity.

Articles / Provisions

Key constitutional references

• Articles 12 to 35
• Article 14
• Article 19
• Article 21
• Article 32

Core Notes

Key points

• Fundamental Rights are mostly enforceable against the State.
• Article 32 allows individuals to directly approach the Supreme Court for enforcement of Fundamental Rights.
• Article 21 has been expanded to include dignity, privacy, livelihood, education, clean environment and fair procedure.
• Some rights are available only to citizens, while others are available to all persons.
• Reasonable restrictions can be imposed on certain rights in the interest of public order, security, morality and other constitutional grounds.

Prelims Focus

Prelims pointers

• Fundamental Rights are contained in Part III.
• Dr. B. R. Ambedkar called Article 32 the heart and soul of the Constitution.
• Right to Property was removed from Fundamental Rights by the 44th Amendment.
• Article 21 applies to all persons, not only citizens.

Mains Focus

Mains angles

• Use Fundamental Rights in answers on rule of law, liberty, dignity and constitutional democracy.
• Connect Article 21 with privacy, environment, health, livelihood and human dignity.
• Discuss the balance between rights and reasonable restrictions.

Practice

Practice questions

1. 1Article 21 has become the heart of rights jurisprudence in India. Discuss.
2. 2Explain the role of Fundamental Rights in protecting citizens from arbitrary state action.