Pariksha SaathiLesson 3 of 10 · Indian Polity and Constitution
Fundamental Rights (Articles 12-35), Reasonable Restrictions and Writs
Drafted with AI assistance and fact-checked on 28 October 2026; not yet read line by line by a human editor. Spotted a mistake? Tell us. Editorial standards & corrections
Why Part III matters
Fundamental Rights, in Part III (Articles 12 to 35), are called the Magna Carta of India. They are justiciable: a person can go straight to the Supreme Court under Article 32 or to a High Court under Article 226. Article 12 defines the State against which they are enforced: the Union and state governments and legislatures, local authorities and other authorities such as statutory bodies. Article 13 makes void any law inconsistent with these rights; it is the textual basis of judicial review. The right to property (Article 31) was deleted by the 44th Amendment (1978) and is now a legal right under Article 300A, leaving six groups of rights.
Right to equality (Articles 14 to 18)
Article 14 guarantees equality before law (a British idea) and equal protection of laws (an American idea) to every person, citizen or foreigner. Article 15 bars discrimination on grounds only of religion, race, caste, sex or place of birth; Clause 15(4), added by the First Amendment (1951), allows special provisions for backward classes, SCs and STs, and the 103rd Amendment (2019) allowed up to 10 per cent reservation for economically weaker sections. Article 16 guarantees equality of opportunity in public employment; in Indra Sawhney (1992) the Court upheld OBC reservation, excluded the creamy layer and set a 50 per cent ceiling. Article 17 abolishes untouchability, punishable under the Protection of Civil Rights Act 1955. Article 18 abolishes titles except military and academic distinctions; national awards such as the Bharat Ratna have been held not to be titles.
Right to freedom (Articles 19 to 22)
Article 19 gives citizens six freedoms: speech and expression; assembling peaceably without arms; forming associations, unions or co-operative societies (the last added by the 97th Amendment, 2011); moving freely; residing and settling anywhere in India; and practising any profession, trade or business. These are subject to reasonable restrictions for the sovereignty and integrity of India, security of the State, friendly relations with foreign states, public order, decency or morality, contempt of court, defamation and incitement to an offence; the 16th Amendment (1963) added sovereignty and integrity. Article 20 bars ex post facto criminal laws, double jeopardy and self-incrimination. Article 21 protects life and personal liberty except by procedure established by law; A.K. Gopalan (1950) read it narrowly, Maneka Gandhi (1978) required the procedure to be just, fair and reasonable, and K.S. Puttaswamy (2017) held privacy to be part of it. Article 21A (86th Amendment, 2002) gives free and compulsory education to children of 6 to 14 years. Article 22 lets a person arrested under an ordinary law know the grounds, consult a lawyer and be produced before a magistrate within 24 hours; under preventive detention, holding a person beyond 3 months needs an advisory board's report that there is sufficient cause (the 44th Amendment's cut of this period to 2 months has not been brought into force).
Exploitation, religion and culture
Article 23 prohibits traffic in human beings, begar and other forced labour, and Article 24 bars employing children below 14 years in factories, mines or other hazardous work. Article 25 gives every person freedom of conscience and the right to profess, practise and propagate religion, and treats carrying the kirpan as part of the Sikh religion. Article 26 lets religious denominations manage their own affairs, Article 27 bars taxes for promoting a particular religion, and Article 28 bars religious instruction in institutions wholly maintained by state funds. Article 29 protects the distinct language, script or culture of any section of citizens, and Article 30 lets all minorities, religious or linguistic, establish and administer educational institutions of their choice.
Saving clauses and limits
Articles 31A, 31B and 31C protect certain laws from challenge. Article 31B and the Ninth Schedule were added by the First Amendment (1951) to protect land reform laws; in I.R. Coelho (2007) the Court held that laws put in the Ninth Schedule after 24 April 1973 can be reviewed against the basic structure. In a national emergency declared for war or external aggression, Article 358 suspends Article 19 automatically, and Article 359 lets the President suspend the enforcement of other rights; since the 44th Amendment, Articles 20 and 21 can never be suspended.
Article 32 and the five writs
Article 32 is itself a Fundamental Right and part of the basic structure; Ambedkar called it the heart and soul of the Constitution. Habeas corpus orders that a detained person be produced before the court and lies against both public authorities and private individuals. Mandamus commands a public official, body or lower court to perform a public duty; it does not lie against a private person, the President or a Governor. Prohibition stops a lower court or tribunal from exceeding its jurisdiction in a pending case, while certiorari quashes an order already passed without jurisdiction or with an error of law. Quo warranto asks the holder of a public office by what authority he holds it. Under Article 226 the High Courts can issue writs not only for Fundamental Rights but also for any other purpose, so their writ jurisdiction is wider; but Article 32 is a guaranteed right, whereas Article 226 is discretionary.
Key facts
- Six Fundamental Rights groups: Equality (14-18), Freedom (19-22), Against exploitation (23-24), Freedom of religion (25-28), Cultural and educational (29-30), Constitutional remedies (32).
- Right to property: removed from Part III by the 44th Amendment (1978); now a legal right under Article 300A in Part XII.
- Rights only for citizens: Articles 15, 16, 19, 29 and 30; Articles 14, 20, 21 and 25 protect foreigners too.
- Article 21 journey: A.K. Gopalan 1950 (narrow reading) to Maneka Gandhi 1978 (just, fair and reasonable procedure) to K.S. Puttaswamy 2017 (privacy is a Fundamental Right).
- Article 21A: 86th Amendment 2002, free and compulsory education for children of 6-14 years; Right to Education Act 2009.
- Article 20: no ex post facto criminal law, no double jeopardy, no self-incrimination; Articles 20 and 21 can never be suspended in an emergency (44th Amendment).
- Mandamus does not lie against the President, a Governor or a private person; habeas corpus lies against both public authorities and private persons.
- Prohibition stops a pending proceeding in a lower court; certiorari quashes an order already passed; quo warranto tests a claim to a public office.
- Article 226 writs are wider than Article 32 (also for any other purpose), but Article 32 is itself a Fundamental Right; Ambedkar called it the heart and soul of the Constitution.
- Indra Sawhney 1992: OBC reservation upheld, creamy layer excluded, 50 per cent ceiling; 103rd Amendment 2019: up to 10 per cent reservation for economically weaker sections.
Quick revision
Part III Arts 12-35; Art 12 defines State, Art 13 basis of judicial review; equality 14-18, freedom 19-22, against exploitation 23-24, religion 25-28, cultural and educational 29-30, remedies 32; property removed by 44th Amendment 1978 (now Art 300A); Art 21A by 86th Amendment 2002; Maneka Gandhi 1978; Puttaswamy 2017 privacy; writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto; Art 226 wider; Arts 20 and 21 never suspended.