Fundamental Rights are not absolute; the State may impose reasonable restrictions on them.
| # | Fundamental Right | Articles | Mnemonic |
|---|---|---|---|
| 1 | Right to Equality | 14–18 | Every |
| 2 | Right to Freedom | 19–22 | Fool |
| 3 | Right against Exploitation | 23–24 | Eats |
| 4 | Right to Freedom of Religion | 25–28 | Ripe |
| 5 | Cultural & Educational Rights | 29–30 | Custard |
| 6 | Right to Constitutional Remedies | 32 | Regularly |
Art. 12 — Definition of State | Art. 13 — Laws violating FR are void (Keshavananda Bharti, 1973 — Basic Structure doctrine)
| Category | Articles |
|---|---|
| Only Indian Citizens | 15, 16, 19, 29, 30 |
| Indians + Foreigners Both | 14, 20, 21, 21A, 22–28 |
The six freedoms under Article 19 are available only to Indian citizens, whereas Article 21 protects every person, including foreigners.
Fundamental Rights may be suspended during an Emergency under Articles 358 and 359, but Articles 20 and 21 cannot be suspended.
The 50% reservation ceiling applies to SC, ST and OBC reservations. The 103rd Amendment of 2019 added a separate 10% EWS quota, taking the total to 60% in practice.
Article 17 abolishes untouchability and makes its practice punishable. The Protection of Civil Rights Act, 1955 gives effect to this prohibition.
Article 19 originally contained seven freedoms. The 44th Amendment removed the right to acquire, hold and dispose of property, leaving six freedoms.
Article 19 is available only to Indian citizens. The Supreme Court has recognised that speech and trade through the internet receive constitutional protection under Article 19, subject to reasonable restrictions.
Articles 20 and 21 remain guaranteed even during an Emergency and cannot be suspended.
The requirement to produce an arrested person before a magistrate within 24 hours does not apply to preventive detention; Article 22 provides a separate set of safeguards for such detention.
Article 24 prohibits the employment of children below fourteen in factories, mines and other hazardous work. Broader restrictions on child labour are imposed by legislation.
Article 23 protects citizens and foreigners against trafficking, begar and other forms of forced labour.
India is a secular State. The word "Secular" was added to the Preamble by the 42nd Amendment in 1976. Article 27 prohibits the use of State taxation to promote a particular religion.
Article 25 protects the right to propagate religion, but it does not protect a right to convert another person by force, fraud or allurement.
Art. 29 & 30 — Only for Citizens (not foreigners). Minorities includes both religious & linguistic minorities.
Under Article 30, minority institutions may receive State aid, and the State cannot impose unreasonable restrictions on them. Their teachers retain the same legal protections.
Judicial hierarchy: Supreme Court → High Courts → Subordinate Courts. Article 32 permits a person to approach the Supreme Court directly for a violation of Fundamental Rights.
Certiorari is issued to quash a decision already made, whereas Prohibition is issued while proceedings are still pending to prevent a lower court or tribunal from exceeding its jurisdiction.
The Kesavananda Bharati case of 1973 established the Basic Structure Doctrine. Fundamental Rights that form part of the Basic Structure cannot be destroyed by amendment.
Under Article 33, Parliament may restrict the Fundamental Rights of armed-forces personnel to maintain discipline and ensure the proper discharge of duties.
| Article | Key Topic |
|---|---|
| 12 | Definition of State |
| 13 | Void laws |
| 14 | Equality before Law |
| 15 | No Discrimination |
| 16 | Equal Opportunity (employment) |
| 17 | Abolition of Untouchability |
| 18 | Abolition of Titles |
| 19 | 6 Freedoms (citizens) |
| 20 | Protection from conviction |
| 21 | Right to Life |
| 21A | Right to Education (6–14) |
| 22 | Protection from arrest |
| 23 | No trafficking / begar |
| 24 | No child labour (<14) |
| 25 | Profess / Propagate religion |
| 26 | Manage religious affairs |
| 27 | No tax for religion |
| 28 | Religious instruction |
| 29 | Minority interest protection |
| 30 | Minority educational institutions |
| 32 | Constitutional Remedies (SC) |
| 226 | High Court writs |
| 300A | Right to Property (Legal) |