What are the 7 fundamental rights of Indian Constitution?

Originally, 7 fundamental rights were provided by the Constitution – the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. But at present, there are 6 Fundamental Rights.

What are the main 6 fundamental rights?

• Right to Equality. • Right to Freedom. • Right against Exploitation. • Right to Freedom of Religion. • Cultural and Educational Rights. • Right to Constitutional Remedies.

Are there 6 or 7 fundamental rights?

Constitution of India offers all citizens, individually and collectively, some basic freedoms which are guaranteed in Constitution in the form of six broad categories of Fundamental Rights, which are justifiable named as Right to Equality, Right to Freedom, Right against Exploitation, Right to Freedom of Religion, Cultural and Educational Rights, Right to Constitutional Remedies. Originally, it was 7 including Right to property.

What is the 7th fundamental right that is removed?

The 7th Fundamental Right that was removed from the Indian Constitution is the "Right to Property." It was originally provided as a fundamental right under Article 31 of the Constitution.

What are fundamental rights explain in detail?

Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially in the Bill of Rights), or have been found under Due Process.

How many Fundamental Rights of Indian Constitution are there?

There are total 6 Fundamental Rights of Indian Constitution.

Fundamental Rights of Indian Constitution Articles 12-35

Table of Contents

Fundamental Rights, enshrined in Articles 12-35 of the Indian Constitution, constitute a cornerstone of India’s democratic framework. Comprising six key rights including the Right to Life, Right to Dignity, and Right to Education, these rights are regarded as inviolable privileges bestowed upon Indian citizens.

The Constitution of India guarantees Fundamental Rights to its citizens in Part III, often called the “Magna Carta of India.” These rights are divided into six categories:

Six Fundamental Rights:

Right to Equality (Article 14-18)
Right to Freedom (Article 19-22)
Right against Exploitation (Article 23-24)
Right to Freedom of Religion (Article 25-28)
Cultural and Educational Rights (Article 29-30)
Right to Constitutional Remedies (Article 32)

Inspired by the American Bill of Rights, these enforceable rights protect individual freedoms from government abuse and are important for India’s democracy. The judiciary ensures these rights are upheld if violated by government actions, making them known as the “Conscience of the Constitution.”

In the context of the UPSC exam 2024, understanding Fundamental Rights is paramount within the Indian polity section. This article serves as a comprehensive resource on the subject, delving into the nuances of these rights and elucidating the distinctions between Fundamental Rights and Duties.

What is Fundamental Rights?

Fundamental Rights are the basic human rights preserved in the Indian Constitution, guaranteed to all Indian Citizens. The Rights applied without discrimination based on race, religion, gender, etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions. These rights are called fundamental rights for two reasons:

they are enshrined in the Constitution, which guarantees them and
they are justiciable (enforceable by courts). A person can approach a court of law in case of a violation.

Origin of Fundamental rights

Fundamental rights come from the idea of human rights, which philosophers like Locke and Rousseau discussed, claiming that everyone has essential and inalienable rights. These rights protect individuals from government abuse and aim to ensure a minimum level of freedom for all.

In 1215, the Magna Carta was the first written document affirming the rights of citizens against the monarchy. The Bill of Rights in 1689 further established these liberties in England. The U.S. Constitution of 1787 was the first modern constitution to include enforceable rights. Similarly, the French Declaration of Rights of Man and the Citizen in 1789 recognized natural rights. Inspired by these documents, the framers of the Indian Constitution included a full chapter on fundamental rights to ensure their protection and enforcement.

Features of Fundamental Rights of Indian Constitution

Articles 15, 16, 19, 29, and 30 are made available to the citizens only while others are available to both citizens and legal foreigners.
It is made available to the citizens with reasonable restrictions, hence they are not absolute but qualified in nature.
Most of the Fundamental Rights are available against the arbitrary action of the state.
They are justiciable, as anyone can move to court for the enforcement of Fundamental Rights if violated.
They are protected and guaranteed by the Higher Courts in India.
They are not permanent as by the process of Constitutional Amendment, the Fundamental Rights can be repealed.
During National Emergency all the Fundamental Rights can also be suspended except the rights provided under Article 20 and Article 21.
The application of Fundamental Rights to the armed forces, para-military forces, police forces, and intelligence agencies can be restricted by Parliament (Under Article 33).

List of Fundamental Rights of Indian Constitution

The Fundamental Rights of the Indian Constitution are enshrined in Part III (Articles 12 to 35). These Fundamental Rights protect all citizens and some are also available to non-citizens in certain cases.

	Article	Provisions
Right to Equality	Article 14	Equality Before Law
	Article 15	Prohibition of Discrimination
	Article 16	Equality of Opportunity in Public Employment
	Article 17	Abolition of untouchability
	Article 18	Abolition of Titles
Right to Freedom	Article 19	Protection of 6 Rights The right to free speech and expression; The right to peaceful assembly without the use of force; The right to form associations, unions, or cooperative societies. The freedom to roam around without restriction on Indian soil. The right to practice any profession and the freedom to engage in any occupation, trade, or business in any location within Indian territory.
	Article 20	Protection in Respect of Conviction for Offences
	Article 21	Protection of Life and Personal Liberty
	Article 21-A	Right to Education
	Article 22	Protection Against Arrest and Detention
Right Against Exploitation	Article 23	Prohibition of Human Trafficking and Forced Labour
Right Against Exploitation	Article 24	Prohibition of Child Labour
Right to Freedom of Religion	Article 25	Freedom of Conscience, Profession, Practice and Propagation
	Article 26	Freedom to Manage Religious Affairs
	Article 27	Freedom from Taxation for the Promotion of a Religion
	Article 28	Freedom from Attending Religious Instruction
Educational and Cultural Rights	Article 29	Protection of Interests of Minorities
Educational and Cultural Rights	Article 30	Right of Minorities to Establish and Administer Educational Institutions
Right to Constitutional Remedies	Article 32	Right to use five Writs of Indian Constitution as remedies for enforcing one’s fundamental rights: Habeas Corpus: Used to order the release of someone wrongfully incarcerated. To order a public authority to carry out its duties, use a mandamus. Quo Warranto: To order someone to leave a position they are incorrectly supposed to be in. Prohibition: Preventing a lower court from continuing with a matter. Certiorari is the higher court’s ability to take an ongoing case from a lower court and put it before itself.
	Article 33	Provides the Parliament with the authority to limit or abolish the fundamental rights of “Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies, and analogous forces”
	Article 34	Provides for the restrictions on fundamental rights while martial law (military rule) is in force
	Article 35	Empowers the Parliament to make laws on Fundamental Rights

Fundamental Rights Articles 12-35

The Fundamental Rights in the Indian Constitution are enshrined in Part III, specifically Articles 12 to 35. These rights are considered essential for the protection and well-being of citizens and are justifiable, meaning they can be enforced in courts.

The United States Bill of Rights served as a major model for India’s creation of Fundamental Rights. These rights are protected by the Constitution because it is believed that they are necessary for each person’s personality to grow and for the preservation of human dignity. Part III of the Indian Constitution, sometimes referred to as the Magna Carta of the Indian Constitution, contains provisions for fundamental rights. Due to their justified nature, which enables people to petition courts for their enforcement if and when they are violated, these rights are known as basic rights.

Six Fundamental Rights

Everyone’s moral and intellectual development depends on fundamental rights. Fundamental rights are necessary for a person’s development. The post-independence era in India has led to the inclusion of a number of crucial fundamental rights in the Indian constitution. The Constitution of India grants specific legal rights to each citizen. Knowing what they are is essential to prevent the violation of anyone’s rights.

1. Right to Equality (Articles 14 – 18)

The right to equality entirely protects the equal legal rights of all citizens.
The right to equality absolutely forbids discrimination on the basis of caste, creed, religion, place of birth, race, or sexual orientation.
It ensures that everyone has an equal chance to work for the government and prohibits the government from treating anyone differently at work just because of their religion, caste, race, gender, ancestry, place of birth, place of residency, or any other of these factors.
Equality before the law is provided for in Articles 14 through 18. The Constitution ensures that everyone is treated equally in front of the law and guarantees equality before the law.
The state is not permitted to treat citizens differently based on their caste, race, religion, gender, or place of birth. This is required to achieve equality. Read more about the Right to Equality here for detailed information.

2. Right to Freedom (Articles 19 – 22)

It is also known as the right to liberty.
The most cherished wish of every person is to be free.
A few of the rights guaranteed by the right to freedom include the freedom of speech, the freedom of expression, the freedom of assembly without the use of force, the freedom of movement across the entire territory of our nation, the freedom of association, the freedom to practice any profession, and the freedom to live anywhere in the nation.
These rights, however, are constrained in many ways. Read more about the Right to Freedom here for detailed information. The Right to Education under Article 21A was added to our Indian Constitution by the 86th Constitutional Amendment Act 2002. Which ensures that “Every child between the age of 6 to 14 years has the basic right to a free and compulsory education”.

3. Right against Exploitation (Articles 23 – 24)

Due to Indian society’s historical hierarchical structure, various forms of exploitation have occurred.
It’s critical to understand that being exploited is equivalent to, if not worse than, being abused.
This fundamental right is essential for preventing any citizen from being forced to perform forced labour of any kind.
Even if money is offered, no one may be made to work against their will. Forced labour of any kind is forbidden by the Indian constitution.
Forced labour is defined as work performed for less than the legal minimum pay. The article also cites human trafficking as a constitutional violation.
Therefore, it is forbidden to buy and sell people for illegal or immoral reasons. Additionally, this paragraph declares that this “bound labor” is unconstitutional.

Read more about the Right against Exploitation here for detailed information.

4. Right to Freedom of Religion (Articles 25 – 28)

One is completely free to practice whichever religion one chooses.
Because India is a multireligious nation where Hindus, Christians, Sikhs, and many more religions live, the Constitution designates it as a “secular state.”
It indicates that there is no “national” religion or “state religion” in India. However, it completely allows residents to practice any religion they like and to worship anybody they choose.
This shouldn’t, however, obstruct another person’s religious beliefs and/or practices. Foreigners can also exercise this freedom.

Read more about the Right to Freedom of Religion here for detailed information.

5. Cultural and Educational Rights (Articles 29 – 30)

Article 29: Protection of Minority Interests

Article 29(1) gives citizens with a unique language, script, or culture the right to preserve it. This ensures that these groups can maintain their identity.
Article 29(2) protects against discrimination in educational admissions, especially in state-supported institutions. This was highlighted in the State of Madras v. Champakam Dorairajan (1951) case, where the Supreme Court ruled against a government order that unfairly limited admissions based on community, stating it violated Article 29(2).

Article 30: Rights of Minorities in Education

Article 30(1) grants linguistic and religious minorities the right to establish and manage their own educational institutions. The Supreme Court, in St. Xavier’s College v. State of Gujarat (1974), confirmed that this right helps minorities provide quality education for their children, promoting their development as citizens. In 1978, the Forty-fourth Amendment Act added Article 30(1-A), which ensures that if the government acquires property from a minority-run educational institution, the compensation must not undermine their rights.
Article 30(2) prevents the government from favoring or discriminating against educational institutions based on whether they are managed by a religious or linguistic minority.

6. Right to Constitutional Remedies (32 – 35)

A citizen in India has the option to appeal to the Supreme Court to have their fundamental rights upheld.
This privilege is protected by the Supreme Court and the High Court, respectively, under Articles 32 and 226 of the Constitution.
It is known as the constitutional remedy right. The Supreme Court and the high courts have the authority to impose fundamental rights under this Article.
Local courts may also have the ability to extend the rights.
However, because it is subject to military law, the court-martial is excluded from this safeguard.

Read about: Important Articles of Indian Constitution

Importance of Fundamental Rights

Fundamental rights in Part III of the Indian Constitution are crucial for upholding democracy and justice in India. They protect individuals’ material and moral interests, ensuring social justice and equality, especially for minorities and vulnerable groups. These rights guarantee personal freedom and establish the rule of law, preventing government abuse of power.

Part IV outlines the Directive Principles of State Policy (DPSP), which guide the government in creating a welfare state. These principles set goals for economic and social policies, urging the state to act for the people’s welfare.

In 1976, the Constitution was amended to add Part IV-A, which lists fundamental duties for citizens, reminding them to uphold certain norms in society.

Together, Parts III, IV, and IV-A aim to fulfill the goals of justice, liberty, fraternity, and individual dignity, reflecting the ideals in the Constitution’s Preamble.

Amendability of Fundamental Rights

A constitutional modification that has the support of both Houses of Parliament is necessary before any fundamental rights can be altered.
Parliament should vote with a special majority to enact the amending measure.
No laws that restrict basic rights may be passed, according to Article 13(2) of the Constitution.
Whether a constitutional amendment act qualifies as law or not is the subject of debate. In the Sajjan Singh case from 1965, the Supreme Court ruled that any provision of the Constitution, including fundamental rights, is subject to amendment by the Parliament.
But in 1967, the SC changed its position from when it had previously stated that the fundamental rights could not be modified in the Golaknath case judgement. The Kesavananda Bharati case resulted in a landmark ruling from the SC in 1973, which stated that even though the Parliament could amend any part of the Constitution, including Fundamental Rights, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”
The judge may invalidate any amendment made by Parliament that conflicts with the Constitution’s fundamental principles on the basis of this principle in Indian law.
The Supreme Court reaffirmed the Basic Structure concept in 1981. Additionally, it drew a line of demarcation on April 24, 1973, the date of the Kesavananda Bharati verdict, and concluded that it should not be applied retroactively to examine the legitimacy of any change to the Constitution that occurred before that day.

Doctrine of Severability

The Constitution’s enshrined fundamental rights are safeguarded by this theory.
The Doctrine of Separability is another name for it.
It is stated in Article 13 that all laws that were in place in India before the start of the Constitution and were in conflict with the principles of fundamental rights will, to the extent of such conflict, be void.
According to this, just the portions of the law that are in conflict should be regarded as void, not the entire law. The only clauses that violate fundamental rights are those that do so.

Doctrine of Eclipse

It is a concept that upholds the Constitution’s core rights.
As the Doctrine of Separability, it has another name.
According to Article 13 of the Constitution, any laws that were in force in India prior to the implementation of the Constitution and were in conflict with the guarantees of fundamental rights are void to the degree of their conflict.
This suggests that only the portions of the law that are in conflict should be regarded as void, not the entire law. The only clauses that are void are those that conflict with fundamental rights.

Difference Between Fundamental Rights and Directive Principles

It enjoys supremacy over the Directive Principle of State Policy, although it does not mean that the Directive Principle can’t be implemented. Granville Austin has described the Directive Principle of State Policy and Fundamental Rights as the “Conscience of the Constitution”. The difference between Fundamental Rights and Directive Principles has been discussed below:

Aspect	Fundamental Rights	Directive Principles of State Policy (DPSPs)
Legal Basis	Enshrined in Part III of the Constitution of India.	Enshrined in Part IV of the Constitution of India.
Nature	Rights guaranteed to citizens against the state.	Principles and guidelines for the state in policy-making and governance.
Enforceability	Citizens can directly approach the courts to enforce their fundamental rights.	These principles are not legally enforceable by citizens in courts.
Rights-Holders	Applicable to all citizens of India.	Intended to guide the state and government actions.
Examples	Right to equality, right to freedom of speech, right to life, etc.	Promotion of social justice, protection of the environment, promotion of education, etc.
Focus	Individual rights and liberties.	Socio-economic and political objectives for the state.
Purpose	To protect individual freedoms from potential state encroachment.	To provide a framework for state policies that promote the welfare of the people.
Amendment	Fundamental rights can be amended by the Parliament, subject to certain limitations.	Directive principles are non-justiciable and cannot be enforced in court.
Significance	Essential for upholding democratic values and individual freedoms.	Provide a roadmap for the state to establish a just and equitable society.
Conflict Resolution	In case of conflict between fundamental rights, the courts intervene to strike a balance.	Directive principles may have to be balanced against fiscal and administrative realities.
Applicability	Applicable to both citizens and the government.	Applicable primarily to the government and its policies.
Immediate Implementation	Fundamental rights are generally enforceable immediately.	Implementation of directive principles depends on the government’s discretion and resources.
Fundamental Rights vs. Common Good	Emphasize individual rights and liberties.	Emphasize the common good and societal welfare.

Difference Between Fundamental Rights and Duties

Fundamental Duties are the responsibilities of citizens, whereas Fundamental Rights are the rights available to the people of this country. The 42nd Constitution Amendment Act of 1976, passed by the Indira Gandhi administration, amended the Indian Constitution to include Fundamental Duties. The Indian constitution places a strong emphasis on both fundamental rights and duties. Fundamental duties are citizens’ obligations to their country and fellow citizens. In contrast, fundamental rights are the entitlements that people have as a result of being citizens of a particular country.

Aspect	Fundamental Rights	Fundamental Duties
Legal Basis	Enshrined in Part III of the Constitution of India.	Enshrined in Part IV-A of the Constitution of India.
Nature	Rights guaranteed to citizens for protection from the state.	Duties expected from citizens towards the state and society.
Enforcement	Citizens can approach the courts for the enforcement of their rights.	There is no legal mechanism to enforce fundamental duties through the courts.
Number	Originally, there were 7 fundamental rights, but after the 44th Amendment Act, 1978, there are 6 fundamental rights.	Originally, there were 10 fundamental duties, but after the 86th Amendment Act, 2002, there are 11 fundamental duties.
Examples	Right to equality, right to freedom of speech, right to life, etc.	Duty to abide by the Constitution, duty to promote harmony, duty to protect the natural environment, etc.
Focus	Focus on individual liberties and freedoms.	Focus on individual responsibilities and obligations towards the nation and society.
Purpose	To protect citizens from potential state encroachment on their freedoms.	To promote a sense of discipline, social harmony, and patriotism among citizens.
Amendment	It can be amended by the Parliament through a constitutional amendment, but not to the detriment of their core values.	Fundamental duties can be amended by the Parliament through a constitutional amendment.
Significance	Crucial for ensuring a democratic and just society.	Important for fostering a sense of citizenship and social cohesion.
Legal Remedies	Violation of fundamental rights can be challenged in court through writ petitions.	There are no legal remedies or penalties for not performing fundamental duties.
Scope	Applicable only to citizens of India.	Applicable to both citizens and the government.