The Constitution of India is a living document, a testament to the aspirations of a newly independent nation. Within its comprehensive framework, Part III, dedicated to Fundamental Rights (Articles 12-35), stands out as a beacon of individual liberty and a powerful check on state authority. These rights are not merely abstract ideals but legally enforceable guarantees that form the bedrock of India’s democratic structure, ensuring that every individual can live with dignity and pursue their potential.
Fundamental Rights (Article 12-35)
Often referred to as the Magna Carta of India, Fundamental Rights are inherent human rights that are deemed essential for the moral, intellectual, and spiritual development of an individual. They are designed to protect citizens and, in some cases, non-citizens from the arbitrary actions of the state, embodying the principles of equality, liberty, and justice.
Tracing the Roots of FR Historical Evolution
The concept of enshrined rights has a rich history globally, from the Bill of Rights in the UK (1689) and the US Constitution’s Bill of Rights to the French Declaration of the Rights of Man (1789). In India, the demand for such rights gained momentum during the freedom struggle. Figures like Dadabhai Naoroji and later, the Indian National Congress, consistently advocated for basic civil liberties. The Motilal Nehru Committee Report of 1928 was a significant milestone, proposing a detailed list of fundamental rights for inclusion in a future constitution.
Defining the ‘State’ (Article 12)
Before delving into the specific rights, it is crucial to understand against whom these rights are primarily enforceable. Article 12 of the Constitution defines the ‘State’ comprehensively. It includes:
- The Government and Parliament of India (Executive and Legislative organs of the Union).
- The Government and Legislature of each State (Executive and Legislative organs of the States).
- All local authorities (like municipalities, panchayats, district boards, etc.).
- Other authorities within the territory of India or under the control of the Government of India.
The phrase “other authorities” has been subject to significant judicial interpretation. The Supreme Court has held that any authority, statutory or non-statutory, that has the power to make laws or rules and is supported by the state financially or functionally can fall under the definition of ‘State’. This broad definition ensures that Fundamental Rights can be invoked against a wide range of governmental and quasi-governmental bodies.
Key Characteristics of Fundamental Rights
Fundamental Rights in India possess several defining features that distinguish them:
- Guaranteed by the Constitution: They are an integral part of the supreme law of the land and are protected by the Constitution itself.
- Justiciable: This is perhaps their most important feature. If a Fundamental Right is violated, an individual can directly approach the Supreme Court (Article 32) or a High Court (Article 226) to seek remedy. The courts have the power to issue writs or other directions to enforce these rights.
- Not Absolute, Subject to Reasonable Restrictions: No Fundamental Right is absolute. The Constitution itself allows the State to impose certain restrictions on these rights. These restrictions must be ‘reasonable’ and based on specific grounds mentioned in the Constitution, such as public order, morality, health, security of the state, etc. The reasonableness of these restrictions is always subject to judicial review.
- Amendable, but not the Basic Structure: Parliament can amend Fundamental Rights through a constitutional amendment under Article 368. However, the Supreme Court, in the historic Kesavananda Bharati v. State of Kerala (1973) case, propounded the ‘Basic Structure Doctrine’. It held that while Parliament can amend any part of the Constitution, it cannot alter its fundamental or basic structure, and Fundamental Rights are considered a part of this basic structure. This judgment acts as a check on Parliament’s amending power.
- Suspension during Emergency: Except for the rights guaranteed by Articles 20 and 21, most Fundamental Rights can be suspended by the President during a National Emergency (under Article 352). This power is essential for maintaining the security and stability of the nation during exceptional circumstances, but it is also a power that needs careful exercise.
- Available to Citizens and Persons: Some rights are available exclusively to Indian citizens (Articles 15, 16, 19, 29, 30), while others are available to all persons residing within India, including foreigners (Articles 14, 20, 21, 21A, 22, 23, 24, 25, 26, 27, 28).
- Difference from Legal Rights: While both are enforceable by law, Fundamental Rights are constitutional rights, higher in status, and protected by the Constitution itself. Legal rights are protected by ordinary law made by the legislature. Violation of a Fundamental Right can lead to approaching the Supreme Court directly under Article 32, a right not available for violation of a mere legal right.
Fundamental Rights and Articles (Articles 14-32)
Let’s explore each category of Fundamental Rights in more detail:
1. Right to Equality (Articles 14-18)
This category aims to establish a society based on the principles of fairness and equal treatment.
- Article 14: Equality before Law and Equal Protection of Laws: This article has two dimensions.
- Equality before Law: A negative concept borrowed from the British constitution, it implies that no person is above the law and everyone is subject to the ordinary law of the land administered by the ordinary courts. It means the absence of any special privileges in favour of any person.
- Equal Protection of Laws: A positive concept borrowed from the American constitution, it means that like should be treated alike. It implies equality of treatment under equal circumstances, ensuring that the same law applies to all persons who are similarly situated. This allows for reasonable classification, but not arbitrary discrimination.
- Article 15: Prohibition of Discrimination: Prohibits the State from discriminating against any citizen on grounds only of religion, race, caste, sex, or place of birth. This article also includes provisions allowing the State to make special provisions for women and children, and for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes.
- Article 16: Equality of Opportunity in Public Employment: Guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Like Article 15, it prohibits discrimination on the specified grounds but allows for reservations and special provisions for backward classes, SCs, and STs to ensure substantive equality.
- Article 17: Abolition of Untouchability: Abolishes ‘Untouchability’ and forbids its practice in any form. The enforcement of any disability arising out of ‘Untouchability’ is an offence punishable in accordance with law. This is a powerful article aimed at eradicating a deep-rooted social evil and is enforceable even against private individuals.
- Article 18: Abolition of Titles: Prohibits the State from conferring any title (except military or academic distinction). It also prohibits citizens of India from accepting any title from any foreign State. This is intended to prevent the creation of a privileged class and uphold the principle of equality.
2. Right to Freedom (Articles 19-22)
These articles encapsulate various essential liberties necessary for a democratic society.
- Article 19: Protection of Six Rights regarding Freedom: This article guarantees six fundamental freedoms to all citizens:
- Freedom of Speech and Expression: The right to express one’s views, opinions, beliefs, and convictions freely. This includes freedom of the press, freedom of communication, etc. Subject to reasonable restrictions on grounds like security of the state, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation, incitement to an offence, and sovereignty and integrity of India.
- Freedom to assemble peaceably and without arms: The right to hold public meetings and demonstrations. Subject to restrictions in the interest of public order and the sovereignty and integrity of India.
- Freedom to form associations or unions or co-operative societies: The right to form political parties, companies, clubs, trade unions, etc. Subject to restrictions in the interest of public order, morality, and the sovereignty and integrity of India.
- Freedom to move freely throughout the territory of India: Subject to restrictions in the interest of the general public or for the protection of the interests of any Scheduled Tribe.
- Freedom to reside and settle in any part of the territory of India: Subject to the same restrictions as the freedom of movement.
- Freedom to practice any profession, or to carry on any occupation, trade or business: Subject to restrictions in the interest of the general public, including prescribing professional or technical qualifications and allowing the State to carry on a trade, business, industry or service to the exclusion, complete or partial, of citizens or otherwise.
- Article 20: Protection in respect of Conviction for Offences: Provides protection against arbitrary and excessive punishment. It covers three aspects:
- No ex post facto law: No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the act, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence.
- No double jeopardy: No person shall be prosecuted and punished for the same offence more than once.
- No self-incrimination: No person accused of any offence shall be compelled to be a witness against himself.
- Article 21: Protection of Life and Personal Liberty: This is one of the most important and dynamically interpreted rights. It states that “No person shall be deprived of his life or personal liberty except according to procedure established by law.” Originally interpreted narrowly (as in A.K. Gopalan case), the interpretation expanded significantly in the Maneka Gandhi case (1978), where the Supreme Court ruled that the ‘procedure established by law’ must be just, fair, and reasonable (effectively incorporating aspects of ‘due process of law’). Over the years, judicial interpretation has expanded the scope of Article 21 to include a plethora of rights, such as:
- Right to live with human dignity
- Right to a clean environment
- Right to livelihood
- Right to privacy (K.S. Puttaswamy case, 2017)
- Right to health
- Right to speedy trial
- Right against solitary confinement
- Right to free legal aid
- Right to sleep
- Right to reputation
- Right to access the internet (recently acknowledged by some High Courts)
- Article 21A: Right to Education: Inserted by the 86th Constitutional Amendment Act, 2002, it declares that the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine. This made elementary education a fundamental right.
- Article 22: Protection against Arrest and Detention: Grants protection to persons arrested or detained. It provides two sets of rights:
- Rights of a person arrested under ordinary law: Right to be informed of the grounds of arrest, right to consult and be defended by a legal practitioner of his choice, and right to be produced before a Magistrate within 24 hours (excluding journey time) and not to be detained beyond that period without the authority of a Magistrate.
- Rights of a person arrested under preventive detention law: Detention cannot exceed three months unless an advisory board reports sufficient cause for extended detention. The detenu must be informed of the grounds of detention and be afforded the earliest opportunity to make a representation against the detention order.
3. Right against Exploitation (Articles 23-24)
These rights aim to prevent the exploitation of vulnerable sections of society.
- Article 23: Prohibition of Traffic in Human Beings and Forced Labour: Prohibits begar (forced labour without payment), traffic in human beings (slavery, selling and buying of men, women, and children, immoral traffic in women and devadasis, etc.), and other similar forms of forced labour. Any contravention of this provision is an offence punishable by law. This article also allows the State to impose compulsory service for public purposes, but without discrimination on grounds of religion, race, caste, or class.
- Article 24: Prohibition of Employment of Children in Factories, etc.: Prohibits the employment of children below the age of 14 years in any factory, mine, or other hazardous employment. This is a crucial provision for child protection.
4. Right to Freedom of Religion (Articles 25-28)
These articles reflect the secular character of the Indian State, guaranteeing religious freedom to all citizens.
- Article 25: Freedom of Conscience and Free Profession, Practice, and Propagation of Religion: Guarantees to all persons the freedom to believe in any religion (freedom of conscience) and to openly and freely practice, profess, and propagate their religious beliefs. This is subject to public order, morality, health, and other Fundamental Rights.
- Article 26: Freedom to Manage Religious Affairs: Grants every religious denomination (or any section of it) the right to:
- Establish and maintain institutions for religious and charitable purposes.
- Manage its own affairs in matters of religion.
- Own and acquire movable and immovable property.
- Administer such property in accordance with law. This right is also subject to public order, morality, and health.
- Article 27: Freedom as to Payment of Taxes for Promotion of any Particular Religion: Prohibits compelling any person to pay taxes, the proceeds of which are specifically appropriated for the promotion or maintenance of any particular religion or religious denomination. This reinforces the secular nature of the state by preventing it from favouring one religion over others using public funds.
- Article 28: Freedom as to Attendance at Religious Instruction or Religious Worship in Certain Educational Institutions: Deals with religious instruction in educational institutions. It distinguishes between different types of institutions and specifies when religious instruction is permissible or prohibited.
5. Cultural and Educational Rights (Articles 29-30)
These rights are designed to protect the interests of minorities.
- Article 29: Protection of Interests of Minorities: Provides that any section of the citizens residing in the territory of India or any part thereof having a distinct language, script, or culture of its own shall have the right to conserve the same. It also prohibits denial of admission to any educational institution maintained by the State or receiving aid out of State funds on grounds only of religion, race, caste, language, or any of them. While titled ‘Protection of Interests of Minorities’, the first part of the article applies to any ‘section of citizens’, thus potentially protecting the culture of majority groups as well.
- Article 30: Right of Minorities to Establish and Administer Educational Institutions: Grants all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice. The State shall not, in granting aid to educational institutions, discriminate against any educational institution on the ground that it is under the management of a minority, whether based on religion or language.
6. Right to Constitutional Remedies (Article 32)
This is arguably the most critical Fundamental Right, as it makes the others effective.
- Article 32: Guarantees the right to move the Supreme Court by appropriate proceedings for the enforcement of the Fundamental Rights. This right is itself a Fundamental Right, meaning it cannot be taken away even by an amendment that doesn’t alter the basic structure. The Supreme Court (and High Courts under Article 226, though Article 226 is not a fundamental right) is empowered to issue five types of writs to enforce Fundamental Rights:
- Habeas Corpus: (Latin for ‘to have the body’) An order issued by the court to a person who has detained another person, directing him to produce the body of the latter before the court. Issued to release a person who has been illegally detained.
- Mandamus: (Latin for ‘we command’) A command issued by the court to a public official asking him to perform his official duties that he has failed or refused to perform. Cannot be issued against private individuals or bodies, the President, State Governors, or the Chief Justice of a High Court acting in a judicial capacity.
- Prohibition: Issued by a higher court to a lower court or tribunal to prevent the latter from exceeding its jurisdiction or usurping a jurisdiction that it does not possess. Available only against judicial and quasi-judicial authorities.
- Certiorari: (Latin for ‘to be certified’ or ‘to be informed’) Issued by a higher court to a lower court or tribunal either to transfer a case pending with the latter to itself or to quash the order of the latter. Issued on grounds of excess of jurisdiction, lack of jurisdiction, or error of law. Like Prohibition, available only against judicial and quasi-judicial authorities.
- Quo Warranto: (Latin for ‘by what authority’) Issued by the court to enquire into the legality of the claim of a person to a public office. Prevents illegal usurpation of public office by a person.
Dr. B.R. Ambedkar famously remarked that Article 32 is the “heart and soul” of the Constitution because it provides the mechanism for enforcing all other fundamental rights. Without this right, the others would be little more than paper guarantees.
(Historical Note: The original Constitution also included the Right to Property (Article 31) as a Fundamental Right. However, due to difficulties it posed in implementing socio-economic reforms, it was removed from the list of Fundamental Rights by the 44th Constitutional Amendment Act, 1978, and made a legal right under Article 300A in Part XII of the Constitution.)
Significance and Contemporary Relevance of FR
Fundamental Rights are more than just legal clauses; they are the ethical compass guiding the Indian State and society. Their significance is multifaceted:
- Limit State Power: They act as limitations on the tyranny of the executive and arbitrary laws of the legislature.
- Protect Minority Interests: Rights under Articles 25-30 specifically address the concerns of religious and linguistic minorities, preventing majoritarian dominance.
- Ensure Social Revolution: Rights against discrimination, untouchability, and exploitation are crucial tools for dismantling social hierarchies and promoting inclusivity.
- Promote Rule of Law: By making rights enforceable and ensuring equality before the law, they strengthen the principle that the law is supreme and applies equally to all.
- Judicial Activism: The broad language of many fundamental rights, particularly Article 21, has allowed the judiciary to play a proactive role in expanding their scope and bringing new rights under their ambit, addressing emerging societal needs and challenges.
However, challenges remain in the effective implementation of Fundamental Rights, including issues related to awareness, access to justice, socio-economic inequalities affecting the exercise of rights, and potential conflicts between different rights or between Fundamental Rights and State policies.
Amendments to Fundamental Rights
The amendments to Fundamental Rights tell a story of constitutional evolution, driven by parliamentary intent, judicial pronouncements, and the pursuit of a balance between individual liberties and collective goals. Let’s examine the key amendments that directly altered or added to the Fundamental Rights:
1. The First Constitutional Amendment Act, 1951
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- Context: The newly independent India faced challenges related to land reforms (abolition of Zamindari) and maintaining public order. Laws enacted for these purposes were challenged in courts as violating Fundamental Rights, particularly the Right to Property (Article 31) and Freedom of Speech and Expression (Article 19).
- Changes to Fundamental Rights:
-
- Article 19(1)(a): Added three new grounds for imposing reasonable restrictions on the freedom of speech and expression: public order, friendly relations with foreign states, and incitement to an offence. This allowed the state to impose limitations on speech for these specific purposes.
- Article 15(4): Added a clause empowering the State to make special provisions for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. This enabled affirmative action or reservations, clarifying that such measures would not be considered discriminatory under Article 15.
- Articles 31A and 31B and the Ninth Schedule: Introduced Article 31A, which saved laws providing for the acquisition of estates or rights therein from being challenged on the grounds of violation of Articles 14 (Equality) and 19 (Freedoms). Introduced Article 31B and the Ninth Schedule, which declared that none of the Acts specified in the Ninth Schedule shall be deemed to be void on the ground that they are inconsistent with, or take away or abridge any of the rights conferred by, any provisions of Part III. This provided a mechanism to shield certain laws (primarily land reforms) from judicial review based on Fundamental Rights.
- Significance: This first amendment was crucial for facilitating the initial socio-economic reforms and addressing perceived practical difficulties in implementing certain policies due to the broad interpretation of Fundamental Rights by the courts. It marked the beginning of the interaction between parliamentary power to amend and judicial review.
2. The Fourth Constitutional Amendment Act, 1955
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- Context: Further challenges were raised against the State’s power of compulsory acquisition of private property for public purposes, particularly regarding the adequacy of compensation provided.
- Changes to Fundamental Rights:
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- Article 31: Further amended Article 31 (Right to Property) by adding that when the State acquires private property for a public purpose, the adequacy of the compensation fixed by law cannot be questioned in a court of law.
- Significance: This amendment aimed to reduce judicial intervention in matters of compensation for acquired property, giving the State more leeway in implementing development projects and reforms requiring land acquisition.
3. The Seventeenth Constitutional Amendment Act, 1964
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- Context: More state laws related to land reforms were being challenged in courts.
- Changes to Fundamental Rights:
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- Ninth Schedule: Added 44 more Acts to the Ninth Schedule, further expanding the list of laws protected from judicial review on the grounds of contravening Fundamental Rights.
- Significance: Continued the trend of using the Ninth Schedule to validate land reform legislation against challenges based on Fundamental Rights.
4. The Twenty-Fourth Constitutional Amendment Act, 1971
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- Context: This amendment was a direct response to the Supreme Court’s judgment in the Golak Nath Case (1967), where the Court had held that Parliament could not amend Fundamental Rights as they were “transcendental and immutable” and constitutional amendments were also ‘law’ under Article 13.
- Changes to Fundamental Rights (indirectly, via amending power):
-
- Article 13: Added clause (4), stating that “Nothing in this Article shall apply to any amendment of this Constitution made under Article 368.” This explicitly declared that constitutional amendment acts are not considered ‘law’ under Article 13.
- Article 368: Made it explicit that Parliament has the power to amend any provision of the Constitution, including the Fundamental Rights. It also mandated the President’s assent to a Constitutional Amendment Bill.
- Significance: This was Parliament’s forceful assertion of its power to amend Fundamental Rights, attempting to overturn the Golak Nath ruling and re-establish its supremacy in constitutional matters.
5. The Twenty-Fifth Constitutional Amendment Act, 1971
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- Context: Enacted to overcome judicial hurdles in implementing Directive Principles of State Policy (DPSPs), particularly those related to socialism and economic justice.
- Changes to Fundamental Rights:
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- Inserted Article 31C: This new article provided that a law enacted by the State to give effect to the Directive Principles specified in Article 39(b) (Distribution of material resources) and 39(c) (Prevention of concentration of wealth) could not be challenged on the ground that it violates the rights guaranteed by Articles 14 (Equality before Law), 19 (Six Freedoms), or 31 (Right to Property). It also initially stated that such a law could not be questioned in any court on the ground that it did not give effect to those principles (this part was later struck down).
- Significance: This amendment represented an attempt to give primacy to certain DPSPs over specific Fundamental Rights, reflecting a legislative push towards achieving socio-economic goals even if it meant some curtailment of individual rights. Its validity was partially upheld by the Supreme Court in the Kesavananda Bharati case.
6. The Forty-Second Constitutional Amendment Act, 1976
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- Context: This widespread amendment, enacted during the Emergency, sought to strengthen the executive and give greater emphasis to Directive Principles.
- Changes to Fundamental Rights:
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- Amended Article 31C: Expanded the scope of Article 31C by providing that any law made to give effect to any of the Directive Principles contained in Part IV could not be challenged on the ground of violating Articles 14 or 19. (The reference to Article 31 was removed as it was shifted later).
- Inserted Article 31D: Provided for the saving of laws in respect of anti-national activities. (This Article was later repealed by the 43rd Amendment Act, 1977).
- Significance: This amendment attempted to give blanket priority to all DPSPs over the fundamental rights to equality and freedoms. However, this expansion of Article 31C was later struck down by the Supreme Court in the Minerva Mills case (1980), which held that the harmony and balance between Fundamental Rights and Directive Principles is an essential feature of the basic structure of the Constitution.
7. The Forty-Fourth Constitutional Amendment Act, 1978
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- Context: Enacted by the Janata Party government to reverse some of the changes introduced by the 42nd Amendment and restore the balance between the executive, legislature, and judiciary.
- Changes to Fundamental Rights:
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- Repealed the Right to Property (Articles 19(1)(f) and 31): This was a monumental change. The Right to Property ceased to be a Fundamental Right guaranteed under Part III. It was shifted to Article 300A in Part XII of the Constitution, becoming a legal right (or constitutional right, but not a fundamental right).
- Article 359: Amended Article 359 to provide that the rights guaranteed by Articles 20 (Protection in respect of conviction for offences) and 21 (Protection of life and personal liberty) cannot be suspended during the operation of a National Emergency.
- Significance: This amendment significantly reduced the scope of justiciable Fundamental Rights by removing the Right to Property. Crucially, it provided an essential safeguard for the most vital rights, life and personal liberty, during emergencies, preventing potential abuse of power.
8. The Eighty-Sixth Constitutional Amendment Act, 2002
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- Context: Following increasing recognition of the importance of education and judicial pronouncements emphasizing the Right to Education as a part of the Right to Life (Article 21), there was a move to make it an explicit fundamental right.
- Changes to Fundamental Rights:
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- Inserted Article 21A: Introduced a new Fundamental Right stating that “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.”
- Significance: This elevated elementary education from a Directive Principle (original Article 45) to a justiciable Fundamental Right, placing a direct obligation on the State to ensure education for this age group.
9. The Ninety-Seventh Constitutional Amendment Act, 2011
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- Context: Aimed at giving constitutional status and protection to cooperative societies, recognizing their importance in socio-economic development.
- Changes to Fundamental Rights:
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- Article 19(1)(c): Amended the freedom to form associations or unions under Article 19(1)(c) to include the right to form co-operative societies.
- Significance: Provided constitutional recognition and protection to the formation of cooperative societies, reinforcing their importance under the umbrella of fundamental freedoms.
Amendments to Fundamental Rights (Part III) Summary
The Amendments to Fundamental Rights (Part III) Summary has been provided below in the table.
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Amendments to Fundamental Rights (Part III) Summary |
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| Amendment Act | Year | Primary Article(s) in Part III Affected | Key Change |
| 1st | 1951 | 19(1)(a), 15(4), 31, 31A, 31B, Ninth Schedule | Added restrictions to Freedom of Speech; Enabled reservations; Shielded land laws (inc. Property) from FR challenge. |
| 4th | 1955 | 31 | Restricted challenge to adequacy of compensation for acquired property. |
| 17th | 1964 | Ninth Schedule (referred from 31B) | Added more land laws to the Ninth Schedule, protected from FR challenge. |
| 24th | 1971 | 13, 368 (rel. to FRs) | Affirmed Parliament’s power to amend FRs; Made Constitutional Amendment Acts immune from Article 13. |
| 25th | 1971 | 31C (Insertion) | Gave primacy to Art 39(b)&(c) over Arts 14, 19, 31 (later 14, 19). |
| 42nd | 1976 | 31C (Amendment), 31D (Insertion) | Attempted blanket primacy for all DPSPs over Arts 14, 19 (Struck down); Added provision for anti-national activities (Repealed). |
| 44th | 1978 | 19(1)(f) (Repealed), 31 (Repealed), 359 | Repealed Right to Property from FRs; Made Arts 20 & 21 non-suspendable during Emergency. |
| 86th | 2002 | 21A (Insertion) | Made Right to Education (6-14 yrs) a Fundamental Right. |
| 97th | 2011 | 19(1)(c) (Amendment) | Included the right to form co-operative societies under Freedom of Association. |
Fundamental Rights: Detailed UPSC Previous Year Questions (Last 10 Years: 2015-2024)
Here’s a more detailed look at the types of questions asked in the UPSC CSE Prelims related to Fundamental Rights, giving you a better sense of the depth and focus required for preparation.
UPSC Prelims PYQs on Fundamental Rights (2025-1995)
Q1. Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy? [2024]
- a) Article 15 b) Article 16
- c) Article 19 d) Article 21
Ans d
Q2. Consider the following statements: [2023]
Statement-I The Supreme Court of India has held in some judgments that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.
Statement-II Article 335 of the Constitution of India defines the term ‘efficiency of administration’.
Which of the following is correct in respect of the above statements ?
- a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I
- b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I
- c) Statement-I is correct but Statement- II is incorrect.
- d) Statement-I is incorrect but Statement- II is correct.
Ans c
Q3. With reference to the writs issued by the Courts in India, consider the following statements: (2022)
- Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
- Mandamus will not lie against a Company even though it may be a Government Company.
- Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
Which of the statements given above are correct?
(a) 1 and 2 only (b) 2 and 3 only
(c) 1 and 3 only (d) 1, 2 and 3
Ans c
Q4. A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates one of the following Articles of the Constitution of India? (2021)
(a) Article 14 (b) Article 28
(c) Article 32 (d) Article 44
Ans a
Q5. With reference to India, consider the following statements: [2021]
1) Judicial custody means an accused is in the custody of the concerned magistrate and such accused is locked up in a police station, not in jail.
2) During judicial custody, the police officer in charge of the case is not allowed to interrogate the suspect without the approval of the court.
Which of the statements given above is/are correct?
- a) 1 only b) 2 only
- c) Both 1 and 2 d) Neither 1 nor 2
Ans b
Q6. With reference to India, consider the following statements: [2021]
1) When a prisoner makes out a sufficient case, parole cannot be denied to such prisoner because it becomes a matter of his/her right.
2) State Governments have their own Prisoners Release on Parole Rules.
Which of the statements given above is/are correct?
- a) 1 only b) 2 only
- c) Both 1 and 2 d) Neither 1 nor 2
Ans b
Q7. What is the position of the Right to Property in India? [2021]
- a) Legal right available to citizens only
- b) Legal right available to any person
- c) Fundamental Right available to citizens only
- d) Neither Fundamental Right nor legal right
Ans b
Q8. ‘Right to Privacy’ is protected under which Article of the Constitution of India? (2021)
(a) Article 15
(b) Article 19
(c) Article 21
(d) Article 29
Ans c
Q9. Other than the Fundamental Rights, which of the following parts of the Constitution of India reflect/reflects the principles and provisions of the Universal Declaration of Human Rights (1948)? (2020)
- Preamble
- Directive Principles of State Policy
- Fundamental Duties
Select the correct answer using the code given below:
(a) 1 and 2 only (b) 2 only
(c) 1 and 3 only (d) 1, 2 and 3
Ans d
Q10. Which one of the following categories of Fundamental Rights incorporate protection against untouchability as a form of discrimination? (2020)
(a) Right against Exploitation
(b) Right to Freedom
(c) Right to Constitutional Remedies
(d) Right to Equality
Ans d
Q11. Which Article of the Constitution of India safeguards one’s right to marry the person of one’s choice? (2019)
(a) Article 19 (b) Article 21
(c) Article 25 (d) Article 29
Ans b
Q12. Consider the following statements: (2018)
- The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
- The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?
(a) 1 only (b) 2 only
(c) Both 1 and 2 (d) Neither 1 nor 2
Ans a
Q13. Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement? (2018)
(a) Article 14 and the provisions under the 42nd Amendment to the Constitution
(b) Article 17 and the Directive Principles of State Policy in Part IV
(c) Article 21 and the freedoms guaranteed in Part III
(d) Article 24 and the provisions under the 44th Amendment to the Constitution
Ans c
Q14. Which of the following are regarded as the main features of the “Rule of Law”? (2018)
- Limitation of Powers
- Equality before law
- People’s responsibility to the Government
- Liberty and civil rights
Select the correct answer using the code given below:
(a) 1 and 3 only
(b) 2 and 4 only
(c) 1, 2 and 4 only
(d) 1, 2, 3 and 4
Ans c
Q15. Consider the following statements: [2018]
- As per the right to education (RTE) Act, to be eligible for appointment as a teacher in a state, a person would be required to possess the minimum qualification laid down by the concerned State council of Teacher education.
- As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines.
- In India, more than 90 % of teacher education institutions are directly under the State Governments.
Which of the statements given above is/are correct?
- a) 1 and 2 b) 2 only
- c) 1 and 3 d) 3 only
Ans b
Q16.Which one of the following statements is correct? (2017)
(a) Rights are claims of the State against the citizens.
(b) Rights are privileges which are incorporated in the Constitution of a State.
(c) Rights are claims of the citizens against the State.
(d) Rights are privileges of a few citizens against the many.
Ans c
Q17. In the context of India, which one of the following is the correct relationship between Rights and Duties? (2017)
(a) Rights are correlative with Duties.
(b) Rights are personal and hence independent of society and Duties.
(c) Rights, not Duties, are important for the advancement of the personality of the citizen.
(d) Duties, not Rights, are important for the stability of the State.
Ans a
Q18. One of the implications of equality in society is the absence of: (2017)
(a) Privileges
(b) Restraints
(c) Competition
(d) Ideology
Ans a
Q18. Which of the following are envisaged by the Right against Exploitation in the Constitution of India? (2017)
- Prohibition of traffic in human beings and forced labour
- Abolition of untouchability
- Protection of the interests of minorities
- Prohibition of employment of children in factories and mines
Select the correct answer using the code given below:
(a) 1, 2 and 4 only
(b) 2, 3 and 4 only
(c) 1 and 4 only
(d) 1, 2, 3 and 4
Ans c
Q19. Right to vote and to be elected in India is a: [2017]
- a) Fundamental Right
- b) Natural Right
- c) Constitutional Right
- d) Legal Right
Ans c
Q20. Consider the following: [2011]
- Right to education.
- Right to equal access to public service.
- Right to food
Which of the above is/are human rights/human rights under “universal declaration of human rights’’?
- a) 1 only b) 1 and 2 only
- c) 3 only d) 1, 2, and 3
Ans d
Q21. In India, if a religious sect/community is given the status of a national minority, what special advantages is it entitled to? [2011]
- It can establish and administer exclusive educational institutions.
- The president of India automatically nominates a representative of the community to Lok Sabha.
- It can derive benefits from the prime minister’s 15-point programme.
Which of the statements given above is/are correct?
- a) 1 only
- b) 2 and 3 only.
- c) 1 and 3 only
- d) 1,2 and 3
Ans c
Q22. Consider the following statements: [2005]
- Article 301 pertains to the Right to Property.
- Right to Property is a legal right but not a fundamental right.
Article 300 A was inserted in the Constitution of India by the Congress Government at the Centre by the 44th Constitutional Amendment.
Which of the above statements are true?
- a) 2 only
- b) 2 and 3
- c) 1 and 3
- d) 1, 2 and 3
Ans a
Q24. Match List I (Articles of the Constitution of India) with List II (Provision) and select the correct answer using the codes given below the Lists: [2004]
| List I (Article of the Constitution) | List II (Provision) |
| A) Art 14 | 1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. |
| B) Art 15 | 2. The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. |
| C) Art 16 | 3. ‘Untouchability’ is abolished and its practice in any form is forbidden. |
| D) Art 17 | 4. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. |
Codes:
A B C D
a) 2 4 1 3
b) 3 1 4 2
c) 2 1 4 3
d) 3 4 1 2
Ans c
Q25. Which Article of the Constitution of India says, ‘No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment’? [2004]
- a) Article 24 b) Article 45
- c) Article 330 d) Article 368
Ans a
Q26. Which one of the following rights was described by Dr B R Ambedkar as the heart and soul of the Constitution? [2002]
- a) Right to freedom of religion
- b) Right to property
- c) Right to equality
- d) Right to Constitutional remedies
Ans d
Q27. In the Indian Constitution, the Right to Equality is granted by Five Articles. They are: [2002]
- a) Article 16 to Article 20
- b) Article 15 to Article 19
- c) Article 14 to Article 18
- d) Article 13 to Article 17
Ans c
Q28. Match List I (Article of Indian Constitution) with List II (Provisions) and select the correct answer using the codes given below the lists: [2002]
| List I (Article of the Constitution) | List II (Provision) |
| A) Art 16(2) | 1. No person shall be deprived of his property save by the authority of law |
| B) Art 29(2) | 2. No person can be discriminated against in the matter of public appointment on the ground of race, religion or caste |
| C) Art 30(1) | 3. All minorities whether based on religion or language shall have the fundamental right to establish and administer educational institutions of their choice |
| D) Art 31(1) | 4. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on grounds of religion, race, caste, language or any of them. |
A B C D
- a) 2 4 3 1
- b) 3 1 2 4
- c) 2 1 3 4
- d) 3 4 2 1
Ans a
Q29. A British citizen staying in India cannot claim Right to: [1999]
- a) Freedom of trade and profession
- b) Equality before the Law
- c) Protection of life and personal liberty
- d) Freedom of religion
Ans a
Q30. Consider the following statements: No one can be compelled to sing the National Anthem since: [1996]
- It will be violative of the Right to freedom of speech and expression.
- It will be violative of the Right to freedom of conscience and practise and propagation of religion.
III. There is no legal provision obliging any one to sing the National Anthem.
Of these statements:
- a) I and II are correct
- b) II and III are correct
- c) I, II and III are correct
- d) None is correct
Ans c
Fundamental Rights of the Indian Constitution FAQs
Q1. What are Fundamental Rights in the Indian Constitution?
A1. Fundamental Rights are a set of rights guaranteed under Part III of the Constitution (Articles 12 to 35) that protect individual liberty and ensure equality, justice, and freedom to all citizens.
Q2. How many Fundamental Rights are currently provided in the Constitution?
A2. There are six Fundamental Rights currently provided: Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, and Right to Constitutional Remedies.
Q3. Which Article is called the “Heart and Soul” of the Constitution?
A3. Article 32, which provides the Right to Constitutional Remedies, is called the “Heart and Soul” of the Constitution by Dr. B.R. Ambedkar.
Q4. Are Fundamental Rights available to foreigners?
A4. Some Fundamental Rights are available to all persons including foreigners (like Article 14, 20, 21), while others (like Article 15, 16, 19) are exclusive to Indian citizens.
Q5. Can Fundamental Rights be suspended?
A5. Yes, Fundamental Rights (except Articles 20 and 21) can be suspended during a National Emergency under Article 352.
Q6. What are reasonable restrictions on Fundamental Rights?
A6. The Constitution allows reasonable restrictions on rights like freedom of speech (Article 19) in the interest of security, public order, decency, and morality.
Q7. What is the significance of Article 32?
A7. Article 32 gives the right to approach the Supreme Court directly for the enforcement of Fundamental Rights, making it a powerful tool to safeguard civil liberties.
Q8. Can Parliament amend Fundamental Rights?
A8. Yes, Parliament can amend Fundamental Rights but cannot alter the basic structure of the Constitution as laid down in the Kesavananda Bharati case.
Q9. What is Article 14 about?
A9. Article 14 guarantees equality before the law and equal protection of the laws to all persons within the territory of India.
Q10. What are the writs under Article 32?
A10. The Supreme Court can issue five writs: Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo-Warranto to enforce Fundamental Rights.
