📑 Topics on this page (Jump to Topic):
📌 1. The Six Fundamental Rights
| Right | Articles | Key points |
|---|---|---|
| Right to Equality | 14–18 | 14 equality before law and equal protection; 15 no discrimination; 16 equal opportunity in public employment; 17 abolition of untouchability; 18 abolition of titles |
| Right to Freedom | 19–22 | 19 six freedoms; 20 protection in respect of conviction; 21 life and personal liberty; 21A free and compulsory education 6–14 yrs (86th, 2002); 22 protection against arrest and detention |
| Right against Exploitation | 23–24 | 23 ban on traffic in humans and forced labour; 24 no child below 14 in factories, mines, hazardous work |
| Right to Freedom of Religion | 25–28 | 25 conscience and religion; 26 manage religious affairs; 27 freedom from taxes for religion; 28 religious instruction in certain institutions |
| Cultural & Educational Rights | 29–30 | 29 protection of minorities' language, script, culture; 30 minorities' right to set up educational institutions |
| Right to Constitutional Remedies | 32 | Right to move the Supreme Court directly — Ambedkar: "heart and soul of the Constitution" |
- The original Constitution had 7 rights; right to property (Art. 31) was removed by the 44th Amendment (1978) and made a legal right under Art. 300A (Part XII).
- Art. 12: definition of "State"; Art. 13: laws inconsistent with FRs are void — basis of judicial review.
- Art. 19 freedoms: speech and expression, peaceful assembly, associations/co-operatives (97th, 2011), movement, residence, profession/trade. (19(1)(f) property — deleted)
- Art. 20 and 21 cannot be suspended even during a national emergency (44th Amendment).
- Art. 15(6) and 16(6) — 10% EWS reservation (103rd, 2019; upheld in Janhit Abhiyan 2022).
📌 2. Writs (Art. 32 & 226)
| Writ | Literal meaning | Use |
|---|---|---|
| Habeas Corpus | To have the body | Against illegal detention; also against private persons |
| Mandamus | We command | Orders a public official to perform duty; not against President/Governor or private persons |
| Prohibition | To forbid | Higher court stops a lower court exceeding jurisdiction (while pending) |
| Certiorari | To be certified | Quashes a lower court's order or transfers the case |
| Quo Warranto | By what authority | Inquires into illegal claim to a public office; anyone can seek it |
⚠️ Exam Traps:
- Art. 32 is itself a FR; Art. 226 (HC) is wider — FRs plus "any other purpose".
- Prohibition = preventive; Certiorari = curative (even after a decision).
📌 3. Landmark Cases
| Case | Principle |
|---|---|
| A.K. Gopalan (1950) | Narrow reading of Art. 21 |
| Maneka Gandhi (1978) | Art. 21 — "just, fair and reasonable" procedure; 14-19-21 "golden triangle" |
| Indra Sawhney (1992) | OBC quota upheld; 50% ceiling; creamy layer |
| K.S. Puttaswamy (2017) | Right to privacy is a FR under Art. 21 |
| Navtej Singh Johar (2018) | Sec. 377 read down for consenting adults |
| Shayara Bano (2017) | Instant triple talaq unconstitutional |
💡 Memory Tip: Rights read into Art. 21: privacy, life with dignity, clean environment, speedy trial, free legal aid, shelter, livelihood.
📌 4. Practice MCQs
📝 Practice MCQs (prepared by SF Prep — not PYQs)
Q1. In which Part of the Constitution are Fundamental Rights? Practice
Correct answer: (D)
Part III (Art. 12–35) contains Fundamental Rights.
Part III (Art. 12–35) contains Fundamental Rights.
Q2. Which Article did Dr Ambedkar call the "heart and soul of the Constitution"? Practice
Correct answer: (B)
Art. 32 — right to constitutional remedies.
Art. 32 — right to constitutional remedies.
Q3. Abolition of untouchability is in which Article? Practice
Correct answer: (B)
Art. 17 abolishes untouchability; its practice is a punishable offence.
Art. 17 abolishes untouchability; its practice is a punishable offence.
Q4. The right to property was removed from Fundamental Rights by which amendment? Practice
Correct answer: (C)
The 44th Amendment (1978) made it a legal right under Art. 300A.
The 44th Amendment (1978) made it a legal right under Art. 300A.
Q5. Under which Article is the right to property now? Practice
Correct answer: (D)
Art. 300A (Part XII) — no deprivation of property save by authority of law.
Art. 300A (Part XII) — no deprivation of property save by authority of law.
Q6. Article 21A (free and compulsory education for 6–14 years) was added by which amendment? Practice
Correct answer: (A)
The 86th Amendment added 21A, changed Art. 45 and added 51A(k).
The 86th Amendment added 21A, changed Art. 45 and added 51A(k).
Q7. Which writ is issued to produce an illegally detained person before the court? Practice
Correct answer: (D)
Habeas Corpus = "to have the body"; protector of personal liberty.
Habeas Corpus = "to have the body"; protector of personal liberty.
Q8. Which writ examines the legality of a person's claim to a public office? Practice
Correct answer: (A)
Quo Warranto = "by what authority".
Quo Warranto = "by what authority".
Q9. Which writ cannot be issued against the President or a Governor? Practice
Correct answer: (B)
Mandamus cannot lie against the President, Governors, private persons or a CJ acting judicially.
Mandamus cannot lie against the President, Governors, private persons or a CJ acting judicially.
Q10. The writ that stops a lower court from exceeding jurisdiction in a pending case is: Practice
Correct answer: (C)
Prohibition is preventive; Certiorari quashes an order (curative).
Prohibition is preventive; Certiorari quashes an order (curative).
Q11. Which Articles cannot be suspended even during a national emergency? Practice
Correct answer: (C)
After the 44th Amendment, Art. 20 and 21 cannot be suspended.
After the 44th Amendment, Art. 20 and 21 cannot be suspended.
Q12. In which case was the right to privacy declared a Fundamental Right? Practice
Correct answer: (D)
A 9-judge bench in Puttaswamy held privacy part of Art. 21.
A 9-judge bench in Puttaswamy held privacy part of Art. 21.
Q13. "Procedure established by law" must be just, fair and reasonable — held in which case? Practice
Correct answer: (A)
Maneka Gandhi (1978) overturned Gopalan's narrow view.
Maneka Gandhi (1978) overturned Gopalan's narrow view.
Q14. What reservation ceiling was laid down in Indra Sawhney (1992)? Practice
Correct answer: (B)
Reservations generally not above 50%; creamy layer excluded from OBC.
Reservations generally not above 50%; creamy layer excluded from OBC.
Q15. 10% reservation for EWS was provided by which amendment? Practice
Correct answer: (A)
The 103rd Amendment (2019) added Art. 15(6) and 16(6).
The 103rd Amendment (2019) added Art. 15(6) and 16(6).
Q16. Which Article prohibits employment of children below 14 in factories? Practice
Correct answer: (C)
Art. 24 is part of the right against exploitation.
Art. 24 is part of the right against exploitation.
Q17. The right of minorities to establish and administer educational institutions is in: Practice
Correct answer: (D)
Art. 30 gives this right to religious and linguistic minorities.
Art. 30 gives this right to religious and linguistic minorities.
Q18. The right to form "co-operative societies" was added to Art. 19(1)(c) by which amendment? Practice
Correct answer: (B)
The 97th Amendment also gave co-operatives constitutional status (Part IXB).
The 97th Amendment also gave co-operatives constitutional status (Part IXB).
Q19. The definition of "State" for Fundamental Rights is in which Article? Practice
Correct answer: (B)
Art. 12 defines "State" (Art. 36 adopts it for DPSP).
Art. 12 defines "State" (Art. 36 adopts it for DPSP).
Q20. How many Fundamental Rights did the original Constitution have? Practice
Correct answer: (C)
Originally 7; now 6 after the right to property was removed.
Originally 7; now 6 after the right to property was removed.