Rights in the Indian Constitution

• Fundamental Rights — the six rights guaranteed by the Constitution.
• How Fundamental Rights protect citizens from the state.
• Directive Principles of State Policy (DPSP) — what they are; why non-enforceable.
• Fundamental Duties — what citizens owe to the nation.
• When rights can be suspended — emergencies.

What are Fundamental Rights?

• Part III of the Constitution (Articles 12–35).
• Rights that are enforceable in courts — if violated, you can go directly to the Supreme Court or High Court.
• Protect citizens against arbitrary action by the state.
• Apply to all citizens regardless of religion, caste, gender, class.

The Six Fundamental Rights

1. Right to Equality (Articles 14–18)

2. Right to Freedom (Articles 19–22)

Article 19 — six freedoms (with reasonable restrictions):

• Speech and expression.
• Assembly (peaceful).
• Association (form unions, parties).
• Movement (anywhere in India).
• Residence (settle anywhere).
• Profession/trade/business.

Article 20: no retrospective punishment; no double jeopardy; no self-incrimination. Article 21: right to life and personal liberty — courts have expanded this to include right to education, health, privacy, clean environment. Article 21A: right to free and compulsory education for 6–14 years (added by 86th Amendment, 2002). Article 22: protection against arbitrary arrest — must be informed of grounds; produce before magistrate within 24 hours.

3. Right Against Exploitation (Articles 23–24)

• Article 23: prohibition of trafficking, forced labour (begar).
• Article 24: no child labour in factories, mines, or hazardous employment under age 14.

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

• Freedom to profess, practise, propagate religion.
• Freedom to manage religious affairs.
• No compulsion to pay taxes for promotion of any religion.
• No religious instruction in state schools.

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

• Minorities can conserve their language, script, culture.
• Minorities can establish and administer their own educational institutions.
• State cannot discriminate against minority institutions in granting aid.

6. Right to Constitutional Remedies (Article 32)

• "Heart and soul of the Constitution" — Dr Ambedkar.
• Right to go to the Supreme Court directly if any Fundamental Right is violated.
• Writs: Supreme Court and High Courts issue:
  • Habeas Corpus: "produce the body" — release an illegally detained person.
  • Mandamus: order a public official to do their duty.
  • Prohibition: stop a lower court from exceeding jurisdiction.
  • Certiorari: quash a lower court/tribunal order.
  • Quo Warranto: challenge someone's right to hold public office.

Directive Principles of State Policy (DPSP)

• Part IV (Articles 36–51).
• Non-justiciable — cannot be enforced in courts; government is morally but not legally bound.
• Guidelines for the state to achieve a welfare state.

Key DPSPs:

Tension between FR and DPSP: courts have ruled that DPSPs can guide interpretation of FRs; neither is absolutely superior.

Fundamental Duties (Article 51A)

Added by 42nd Amendment (1976) during Emergency; 11 duties:

• Abide by the Constitution.
• Cherish and follow noble ideals of freedom struggle.
• Protect sovereignty and integrity of India.
• Defend the country; render national service.
• Promote harmony; renounce practices derogatory to women.
• Value and preserve the rich heritage of our composite culture.
• Protect the natural environment.
• Develop scientific temper and spirit of inquiry.
• Safeguard public property.
• Strive towards excellence.
• Parents/guardians to provide education to children 6–14 years.

Suspension of rights during Emergency

• Article 352 (National Emergency): can be declared if security of India threatened by war, external aggression, or armed rebellion.
• During emergency: Article 19 freedoms suspended; right to move courts for enforcement of most FRs suspended.
• 1975–77 Emergency (Indira Gandhi): FRs suspended; press censored; political opponents imprisoned.
• Article 20 and 21 cannot be suspended even during emergency (added protection after 44th Amendment).

• What makes Fundamental Rights different from other rights?
• Name the six Fundamental Rights with the article numbers.
• What is Article 32? Why did Ambedkar call it the "heart and soul"?
• What are Directive Principles? Why are they non-justiciable?
• Name three Fundamental Duties of Indian citizens.

Open the Practice tab for graded questions on Rights in the Constitution.