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Fundamental rights

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📚 IBPS SO – General Awareness

Fundamental Rights (Part III, Constitution of India)


⏱️ Quick Overview

Fundamental Rights are the basic human rights guaranteed to every citizen by the Constitution. They are non‑derogable, supreme over all laws, and form the cornerstone of a democratic society.

Part of Constitution Article Range Key Rights
Part III 12–35 1️⃣ Right to Equality 2️⃣ Right to Freedom 3️⃣ Right to Constitutional Remedies 4️⃣ Right to Education (Article 21A) 5️⃣ Right to Health & Privacy (Article 21)

Simple Explanation

  • Purpose – To safeguard personal liberty, equality, and dignity against arbitrary actions by the state or any authority.
  • Nature – They are constitutional (not ordinary laws) and inherent to the citizen’s status.
  • Enforcement – The Supreme Court and High Courts have the power to enforce them through arbitrary jurisdiction (Article 32).

Key Points

# Feature Details
1 Non‑derogability No law can override a fundamental right, except under Article 359 (limited to emergency).
2 Supremacy Fundamental rights are superior to all other laws (Article 13).
3 Equal Protection Article 14 ensures equality before law; Articles 15–18 prohibit discrimination.
4 Freedom Article 19 protects freedom of speech, assembly, movement, etc.; subject to reasonable restrictions (Article 19(2)–(5)).
5 Remedies Article 32 empowers the Supreme Court to issue writs (habeas corpus, injunction, etc.).
6 Right to Education Article 21A mandates free & compulsory primary education.
7 Right to Health Article 21 (life & personal liberty) has been interpreted as right to health and right to privacy.
8 Amendments 73rd & 74th (Panchayats & Municipalities), 42nd (Right to Education), 47th (Right to Information).

Core Articles & Their Significance

Article Right Key Sub‑Article Notes
12 Equality before law – Foundation for Articles 13–18
13 Equality & law – All laws must be equal
14 Equality before law – No discrimination
15 Non‑discrimination – Sex, religion, caste, etc.
16 Equality in public employment – No discrimination in promotion
17 Abolition of untouchability – Prohibits caste discrimination
18 Equality of opportunity – In education, employment
19 Freedom of speech & expression (1)–(5) Reasonable restrictions
20 Protection in criminal cases – No double jeopardy
21 Life & personal liberty – Interpreted as right to privacy, health
22 Protection from arbitrary arrest – Bail, speedy trial
23 Protection from forced labour – Prohibits bonded labour
24 Protection from child labour – Minimum age for employment
25–28 Freedom of religion – Worship, propagation
29–30 Cultural, educational rights – Cultural & language rights
31 Protection of property – Property rights are not fundamental (Article 31A added)
32 Constitutional remedies – Supreme Court can issue writs
21A Right to education – Free & compulsory primary education

Landmark Supreme Court Cases

Case Year Significance
Kesavananda Bharati v. State of Kerala 1973 “Basic structure doctrine” – Fundamental rights cannot be destroyed by amendment.
Maneka Gandhi v. Union of India 1978 Expanded Article 21 to include right to privacy and reasonable procedure.
S. R. Bommai v. Union of India 1994 Clarified limits of Article 370 & federal balance.
S. R. Bommai v. Union of India 1994 Right to Equality against arbitrary state action.
Vishaka v. State of Rajasthan 1997 Established sexual harassment as a violation of Article 21.
Shreya Singhal v. Union of India 2015 Decriminalised defamation for freedom of speech (Article 19).
Justice K.S. Puttaswamy (Retd.) v. Union of India 2017

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