Fundamental Rights

Fundamental rights are the basic human rights enshrined in the Constitution that protect citizens against any arbitrary state action.

Introduction to Fundamental Rights

Fundamental rights are essential rights that every citizen has, regardless of race, place of birth, religion, caste, creed, or gender. These rights are fundamental to human development and are protected by the Constitution.

Right to Equality (Articles 14-18)

  • Equality before law
  • Prohibition of discrimination
  • Equality of opportunity
  • Abolition of untouchability
  • Abolition of titles

Right to Freedom (Articles 19-22)

  • Freedom of speech and expression
  • Freedom of assembly
  • Freedom of association
  • Freedom of movement
  • Freedom of residence
  • Freedom of profession

Right against Exploitation (Articles 23-24)

  • Prohibition of trafficking
  • Prohibition of forced labor
  • Prohibition of child labor

Right to Freedom of Religion (Articles 25-28)

  • Freedom of conscience
  • Freedom to practice religion
  • Freedom to manage religious affairs
  • Freedom from religious taxation

Cultural and Educational Rights (Articles 29-30)

  • Protection of minority interests
  • Right to establish educational institutions
  • Right to preserve culture

Right to Constitutional Remedies (Article 32)

  • Right to approach Supreme Court
  • Writs for enforcement of rights
  • Legal remedies

Restrictions on Fundamental Rights

While fundamental rights are essential, they are not absolute. The Constitution provides for reasonable restrictions that can be imposed on these rights in the interest of:

  • Sovereignty and integrity of India
  • Security of the State
  • Friendly relations with foreign States
  • Public order
  • Decency or morality
  • Contempt of court
  • Defamation
  • Incitement to an offence

Important Supreme Court Judgments

Case Name Year Key Principle
Kesavananda Bharati Case 1973 Basic Structure Doctrine
Maneka Gandhi Case 1978 Right to Life includes Right to Live with Dignity
Vishaka Case 1997 Sexual Harassment at Workplace Guidelines