Fundamental Rights (Maulik Adhikar): Part III of Indian Constitution

Fundamental Rights — known in Hindi as Maulik Adhikar — are the basic civil and political rights guaranteed by Part III of the Indian Constitution (Articles 12 to 35). They constitute the “Magna Carta of India,” placing every individual beyond the arbitrary reach of the state and empowering the judiciary to strike down any law that violates them.

Inspired by the US Bill of Rights and the Universal Declaration of Human Rights (1948), these rights were drafted by the Sub-Committee on Fundamental Rights chaired by J.B. Kripalani under the Constituent Assembly’s Advisory Committee headed by Sardar Vallabhbhai Patel. Dr. B.R. Ambedkar called Article 32 — the right to constitutional remedies — the “heart and soul” of the Constitution.

The Six Fundamental Rights

Originally the Constitution guaranteed seven Fundamental Rights. The Right to Property (Articles 19(1)(f) and 31) was deleted from Part III by the 44th Constitutional Amendment Act, 1978, and relocated as a plain legal right under Article 300A. The current six categories are:

1. Right to Equality (Articles 14–18)

Article 14 permits reasonable classification but prohibits class legislation. Articles 15(3), 15(4), 15(5), 15(6) and 16(4), 16(6) allow protective discrimination for women, children, SCs, STs, OBCs and economically weaker sections (EWS, via 103rd Amendment 2019).

2. Right to Freedom (Articles 19–22)

Article 19 guarantees six freedoms to citizens:

1. Speech and expression
2. Assembly peaceably and without arms
3. Association or union (including cooperative societies, 97th Amendment)
4. Movement throughout India
5. Residence in any part of India
6. Profession, occupation, trade or business

Each is subject to reasonable restrictions listed in Articles 19(2)–(6): sovereignty, integrity, security, public order, decency, morality, contempt of court, defamation, incitement.

3. Right against Exploitation (Articles 23–24)

• Article 23: prohibits traffic in human beings, begar (forced labour) and similar exploitation — enforced via the Bonded Labour System (Abolition) Act, 1976.
• Article 24: prohibits employment of children below 14 years in factories, mines or hazardous occupations — strengthened by the Child Labour (Prohibition and Regulation) Amendment Act, 2016.

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

The "propagate" clause does not include a right to convert by force, fraud or allurement (Rev. Stainislaus, 1977).

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

• Article 29: protection of interests of minorities — any section of citizens with a distinct language, script or culture has the right to conserve it.
• Article 30: right of religious and linguistic minorities to establish and administer educational institutions of their choice; the state cannot discriminate in granting aid.

6. Right to Constitutional Remedies (Article 32)

Article 32 enables any person to move the Supreme Court directly for enforcement of Fundamental Rights. It is itself a Fundamental Right. Article 226 parallels this at the High Court level — but with wider scope (can be used for legal rights too).

The Five Writs

Habeas corpus and quo warranto can be filed by any person; the other writs usually require locus standi (relaxed by PIL jurisprudence).

Citizens vs All Persons

Some rights are available only to citizens; others to all persons (including foreigners, corporations):

Suspension during National Emergency

Under Article 358, the six freedoms under Article 19 are automatically suspended when a National Emergency is proclaimed on grounds of war or external aggression (not internal disturbance, after 44th Amendment).

Under Article 359, the President may, by order, suspend the right to move any court for enforcement of specified Fundamental Rights.

Key limit: The 44th Amendment, 1978 made Articles 20 and 21 non-suspendable even during Emergency — overruling the infamous ADM Jabalpur (1976) position.

Fundamental Rights vs Directive Principles

In case of conflict, Fundamental Rights generally prevail — but Minerva Mills (1980) held a harmonious balance is essential to the basic structure.

Landmark Case Laws

• Gopalan v. State of Madras (1950) — narrow interpretation of "procedure established by law"
• Golaknath (1967) — Parliament cannot abridge Fundamental Rights
• Kesavananda Bharati (1973) — basic structure doctrine; Fundamental Rights amendable but not core
• Maneka Gandhi (1978) — Article 21 expanded; "procedure established by law" must be just, fair and reasonable
• Minerva Mills (1980) — harmony between Parts III and IV is basic structure
• Vishaka (1997) — Article 21 read with CEDAW produced workplace sexual harassment guidelines
• K.S. Puttaswamy (2017) — Right to Privacy as part of Article 21
• Navtej Singh Johar (2018) — Section 377 IPC read down
• Joseph Shine (2018) — Section 497 IPC struck down

Constitutional Amendments Affecting Part III

• 1st (1951) — Article 15(4), Ninth Schedule
• 25th (1971) — Article 31C
• 42nd (1976) — Article 39(f), Article 51A (Fundamental Duties)
• 44th (1978) — Right to Property removed; Articles 20, 21 protected
• 86th (2002) — Article 21A
• 103rd (2019) — 10% EWS reservation (15(6), 16(6))

UPSC Relevance

GS2 (Polity): Indian Constitution — features, amendments, significant provisions; separation of powers; judiciary.

GS1 (Society): Social empowerment — rights-based approach to social reform.

GS4 (Ethics): Rights, duties, dignity, justice.

Key Prelims facts:

• Part III: Articles 12–35
• Originally 7 rights; Right to Property removed by 44th Amendment 1978 → Article 300A
• Ambedkar: Article 32 is "heart and soul" of the Constitution
• Article 21A added by 86th Amendment, 2002
• EWS reservation: 103rd Amendment, 2019
• Article 20 & 21 cannot be suspended during Emergency (44th Amendment)
• Fundamental Rights inspired by: US Bill of Rights
• Five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, Quo Warranto
• Article 226 — writ jurisdiction of High Courts (wider than Article 32)
• Fundamental Rights Sub-Committee Chair: J.B. Kripalani

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