📚 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 |