Delhi PSC /General Awareness & Current Affairs

Fundamental rights

Indian Polity · free study notes · Updated

Delhi PSC – General Awareness & Current Affairs

Topic: Fundamental Rights

Study Notes – Simple Explanation → Key Points → Worked Example → Revision Summary


1. Simple Explanation

Fundamental Rights are the basic human rights guaranteed to every citizen of India under the Constitution.

  • Purpose: To protect individuals from arbitrary state action and empower them to enjoy civil, political, economic, social and cultural liberties.
  • Location: Part‑III of the Constitution (Articles 12–35).
  • Nature: Justiciable – can be enforced through the courts.
  • Scope: Applies to all citizens (including non‑resident Indians) and, in some cases, to non‑citizens present in India.

2. Key Points

# Aspect Details
1 Articles & Rights - Article 12: Definition of “citizen”
- Article 13: Prohibition of laws that violate fundamental rights
- Article 14: Equality before law
- Article 15: Equality in respect of admission to schools, etc.
- Article 16: Equality in public employment
- Article 17: Abolition of “untouchability”
- Article 18: Freedom of religion
- Article 19: Freedom of speech, assembly, movement, etc.
- Article 20: Protection against self‑incrimination & double jeopardy
- Article 21: Right to life & personal liberty
- Article 22: Protection in case of arrest & detention
- Article 23: Prohibition of human trafficking & bonded labour
- Article 24: Prohibition of child labour in hazardous industries
- Article 25‑28: Freedom of conscience, worship, education, etc.
2 Justiciability All fundamental rights are justiciable – they can be enforced in courts. The Supreme Court and High Courts can strike down any law that infringes them.
3 Limitation & Reservation - Article 32 (Right to Constitutional Remedies) – allows direct petition to the Supreme Court.
- Article 19(2‑4) – State may impose reasonable restrictions for public order, morality, etc.
- Article 19(6) – State can impose restrictions on the right to form associations.
4 Supreme Court Jurisprudence - Kesavananda Bharati v. State of Kerala (1973) – Basic Structure Doctrine (certain rights cannot be abridged).
- Maneka Gandhi v. Union of India (1978) – expanded Article 21 to include “freedom of choice” and “due process”.
- S.R. Bommai v. Union of India (1994) – limits power of the central government to dismiss state governments.
5 Recent Amendments & Acts - 2001 Amendment – expanded Article 21 to “protection of life and personal liberty”.
- 2021 National Disaster Management Act – extends rights during emergencies (Article 19(2) & Article 21).
- 2023 Right to Education (RTE) Act – reinforces Article 21 & 28.
6 Practical Significance for PSC - Many exam questions test knowledge of specific articles (e.g., Article 21, 14).
- Current affairs: Supreme Court orders on digital privacy, caste‑based discrimination, child labour, environmental rights (Article 21(2)).
- Candidates should be able to cite landmark judgments and explain how they reinforce or limit rights.

3. Worked Example

Scenario – State‑Mediated Censorship of a Social Media Post

A state government blocks a popular news portal’s website, claiming it is “a threat to national security.” A user, Rahul, who had written a critical blog post about the policy, is arrested for “anti‑state propaganda.” Rahul files an Article‑19 petition.

How the Court would analyze (Step‑by‑Step):

Step Explanation
1. Identify the Right Article 19(1)(a) – Freedom of speech & expression.
2. Check for State Action The state action (censorship & arrest) is a law or regulation (the Information Technology Act & Criminal Law).
3. Apply the “Reasonable Restriction” Test Under Article 19(2) & (3), restrictions are allowed if they are reasonable and necessary in the interests of national security or public order.
4. Evaluate “Reasonableness” - Proportionality: Is blocking the entire portal necessary? Are less restrictive means available?
- Necessity: Is the threat real? Has the portal provided evidence?
5. Supreme Court’s Test (from Kesavananda Bharati & Maneka Gandhi) The restriction must be necessary in a democratic society and not violate the basic structure (freedom of speech is part of basic structure).
6. Likely Outcome If the restriction is found unreasonable (e.g., no credible threat, overbroad censorship), the court will quash the arrest and order compensation under Article 32.
7. Remedy The court may issue a "quasi‑injunction" to restore Rahul’s rights, and order the state to cease censorship.

Takeaway – Understanding the reasonableness test

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