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