Fundamental rights: General Awareness & Current Affairs Notes for Odisha PSC

Odisha PSC – General Awareness & Current Affairs

Topic: Fundamental Rights

1. Simple Explanation

Term	Meaning
Fundamental Rights	Basic rights guaranteed by the Indian Constitution to every citizen. They are inalienable, pre‑emptive, and supersede any law that conflicts with them.
Bill of Rights	The section of the Constitution (Articles 12‑35) that lists all fundamental rights.
Pre‑emptive	The state cannot pass a law that infringes a fundamental right, unless the right itself is waived by the citizen.
Inalienable	Rights cannot be transferred, sold, or lost unless voluntarily waived.

Key Idea
Fundamental Rights act as a safeguard against arbitrary state action, ensuring that the government respects individual dignity, equality, and liberty.

2. Key Points

Category	Articles	Description	Current‑Affairs Link
Right to Equality	Art. 14 (Equality before law) Art. 15 (No discrimination) Art. 16 (Equality in public service) Art. 17 (Abolition of Untouchability)	Guarantees equal treatment and prohibits discrimination on grounds of religion, caste, sex, etc.	Supreme Court upholds “Aadhaar” data‑privacy rights in 2024
Right to Freedom	Art. 19 (Civil liberties: speech, assembly, etc.) Art. 20 (Protection against self‑incrimination) Art. 21 (Right to life & personal liberty) Art. 22 (Protection during arrest)	Protects freedom of expression, assembly, movement, and ensures humane treatment of detainees.	Delhi police’s use of force in 2024 protests
Right to Education	Art. 21A (Right to free & compulsory education for children 6‑14)	Mandates state to provide free primary education; part of the Bill of Rights (amended by 86th Amendment).	Odisha’s free e‑learning initiative (2025)
Right to Constitutional Remedies	Art. 32 (Right to sue the state) Art. 226 (High Court jurisdiction)	Allows citizens to approach the Supreme or High Courts for enforcement of other rights.	Supreme Court’s 2024 judgment on digital surveillance
Special Provisions	Art. 19(1)(a) (Freedom of speech) Art. 19(1)(g) (Freedom of profession)	These are pre‑empted by Parliament (e.g., censorship acts).	New “Information Technology” law’s impact on freedom of speech

Amendment Highlights

Amendment	Year	Impact
42nd	1976	Added Right to Property as a fundamental right (now a constitutional freedom).
71st	1992	Included Right to Knowledge under Article 21 (referred as “Right to Information”).
86th	2002	Added Right to Education (Art. 21A).
92nd	2004	Introduced Right to Privacy (Article 21) as a fundamental right.

Supreme Court Landmark Judgments (Relevant to PSC)

Kesavananda Bharati v. State of Kerala (1973) – Basic structure doctrine limits amendment power.
Maneka Gandhi v. Union of India (1978) – Expanded Article 21 to include personal liberty.
S. R. Bommai v. Union of India (1994) – Protected state governments from arbitrary dismissal.
Justice K.S. Puttaswamy (Retd.) v. Union of India (2017) – Right to privacy as a constitutional right.

3. Worked Example

Scenario

Sita, a 12‑year‑old girl from Balangir district, is denied admission to a nearby government primary school because the school’s “admission criteria” state that only boys are allowed. She files a petition.

Constitutional Analysis

Step	Analysis
Identify the Right Violated	Art. 14 (Equality before law) & Art. 21A (Right to education).
Check if the State Law is Valid	The admission rule is discriminatory and unequal; it violates Art. 14.
Remedy	Petitioner can invoke Art. 32 (constitutional remedy) or Art. 226 (High Court jurisdiction).
Court’s Likely Decision	The court would strike down the rule, order immediate admission, and may award damages for mental distress.
Outcome	Sita gains admission; the school must revise its policy to comply with the Constitution.

Takeaway
Fundamental Rights empower citizens to challenge discriminatory state actions and seek judicial relief.

4. Quick Revision Summary

Point	Detail
Definition	Rights enshrined in the Constitution that protect individual liberties.
Primary Articles	12‑35 (Bill of Rights).
Key Rights	Equality (14–17), Freedom (19–22), Education (21A), Constitutional Remedies (32, 226).
Inalienable & Pre‑emptive	Cannot be transferred or overridden by ordinary laws.
Amendments	42nd (property), 71st (knowledge), 86th (education), 92nd (privacy).
Judicial Safeguards	Articles 32 & 226 enable citizens to seek judicial enforcement.
Recent Relevance	Digital privacy, Aadhaar, IT laws, police conduct.
Revision Tip	Memorise the *“