Uttar Pradesh Police Sub‑Inspector (SI)
General Awareness & Current Affairs
Topic – Fundamental Rights
Goal:
Understand the nature, scope, and practical relevance of Fundamental Rights in India, especially as they apply to policing and law‑enforcement duties.
1. Simple Explanation
| Concept | What it Means | Relevance to Police |
|---|---|---|
| Fundamental Rights (FR) | Basic rights enshrined in the Constitution that every citizen is entitled to. They are the cornerstone of democracy. | Police must respect, protect, and enforce laws that safeguard these rights. |
| Articles 12‑35 | The 14 fundamental rights listed in the Constitution. | Police operations must be guided by these articles (e.g., §14 – equality before law; §19 – freedom of speech). |
| Justiciability | FRs can be challenged in courts. | Police actions can be questioned in courts; officers must act within legal bounds. |
| Basic Structure Doctrine | Courts cannot alter the core of the Constitution (e.g., the presence of FRs). | Police reforms or laws cannot bypass FRs. |
| Non‑derogatory | FRs cannot be taken away even temporarily. | Police cannot suspend rights unless under strict constitutional provisions (e.g., Article 19(2) in emergencies). |
| Reasonable Restrictions | Certain activities may be limited for public interest (e.g., Article 19(2)–(4)). | Police may impose restrictions (e.g., curfew) but must justify them. |
2. Key Points (What You Must Memorise)
| # | Feature | Detail |
|---|---|---|
| 1 | Articles 12‑35 | 14 rights: Equality, Freedom, Life & Liberty, Religion, Culture, Education, Voting, etc. |
| 2 | Justiciability | FRs are justiciable – can be enforced through the courts. |
| 3 | Basic Structure | Sup. Court’s 1973 Kesavananda Bharati case – cannot destroy the Constitution’s basic structure (including FRs). |
| 4 | Article 32 | “Constitutional Remedies” – right to a judicial remedy for violation of FRs. |
| 5 | Article 21 | Right to life and personal liberty – the broadest FR; includes right to privacy (2023 SC judgment). |
| 6 | Article 14 | Equality before law – prohibits discrimination on grounds of religion, race, caste, sex, place of birth. |
| 7 | Article 19 | Freedom of speech, assembly, movement, etc.; subject to reasonable restrictions (public order, morality, etc.). |
| 8 | Article 20 | Protection against self‑incrimination; double jeopardy; ex post facto laws. |
| 9 | Article 21A | Right to free & compulsory education (2009). |
| 10 | Article 23 | Prohibition of human trafficking and forced labour. |
| 11 | Supreme Court cases | Maneka Gandhi v. Union of India (1978) – expanded right to life; S.R. Bommai (1994) – limits on Article 19; Justice K.S. Puttaswamy (2023) – right to privacy. |
| 12 | Police & FR | Officers must respect, protect, and enforce laws without violating FRs. |
| 13 | Recent Amendments | 42nd Amendment (1976) – attempts to restrict FRs; 44th Amendment (1978) – restored them. |
| 14 | Directive Principles | Not justiciable; but FRs trump them. |
| 15 | Practical Tips | 1. Always check if law/ action infringes FRs. 2. Use “reasonable restriction” clause as justification. 3. Document evidence for court challenges. |
3. Worked Example
Scenario
Case: A police officer receives a complaint that a local shop owner is selling illegal alcohol (contrary to the state’s prohibition law). The officer decides to