Polity
Fundamental Rights in India: Articles 12-35
Fundamental Rights are the basic rights guaranteed to every citizen by Part III (Articles 12 to 35) of the Indian Constitution. They are justiciable, meaning a person can approach the Supreme Court under Article 32 or a High Court under Article 226 if they are violated. There are six: equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies.
Last reviewed 2026-10-15
The six Fundamental Rights
- Right to Equality (Articles 14-18): equality before law, no discrimination on grounds of religion, race, caste, sex or place of birth, equality of opportunity in public employment, abolition of untouchability (Article 17) and abolition of titles (Article 18).
- Right to Freedom (Articles 19-22): six freedoms under Article 19 (speech and expression, assembly, association, movement, residence, profession), protection in respect of conviction (Article 20), protection of life and personal liberty (Article 21), and protection against arbitrary arrest and detention (Article 22).
- Right against Exploitation (Articles 23-24): prohibition of human trafficking and forced labour, and of employing children below 14 years in factories, mines or hazardous work.
- Right to Freedom of Religion (Articles 25-28): freedom of conscience and the right to profess, practise and propagate religion, subject to public order, morality and health.
- Cultural and Educational Rights (Articles 29-30): protection of the language, script and culture of minorities and their right to set up educational institutions.
- Right to Constitutional Remedies (Article 32): the right to move the Supreme Court to enforce Fundamental Rights. Dr B. R. Ambedkar called it the heart and soul of the Constitution.
Key amendments and changes
- The Right to Property was removed from the list of Fundamental Rights by the 44th Amendment (1978). It is now a legal right under Article 300A.
- Article 21A, the Right to Education for children aged 6 to 14, was added by the 86th Amendment (2002).
- Article 21 has been widened by the Supreme Court to include rights such as privacy, livelihood, clean environment and speedy trial.
The five writs
The Supreme Court (Article 32) and High Courts (Article 226) can issue five writs: habeas corpus (produce the detained person), mandamus (command a public official to perform a duty), prohibition (stop a lower court from exceeding jurisdiction), certiorari (quash an order of a lower court) and quo warranto (ask by what authority someone holds a public office).
Exam tips
- Learn article ranges against rights first, then the amendments.
- Remember that Fundamental Rights apply against the State, while some, such as Articles 17, 23 and 24, also operate against private persons.
- Prelims often tests which rights are available only to citizens (for example Article 19) versus all persons (for example Article 21).
Frequently asked questions
How many Fundamental Rights are there in India?
Six: equality, freedom, protection against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies.
Which articles cover Fundamental Rights?
Part III of the Constitution, Articles 12 to 35.
Is the Right to Property a Fundamental Right?
No. The 44th Amendment (1978) removed it from Part III and made it a legal right under Article 300A.
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