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Fundamental Rights: List of Fundamental Rights, Definition of State (Article 12) and Judicial Review (Article 13)

Fundamental Rights (Article 12-35)- Relevance for UPSC Exam

  • GS Paper 2: Indian Constitution- Historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

Fundamental Rights: List of Fundamental Rights, Definition of State (Article 12) and Judicial Review (Article 13)_40.1

 

 

Fundamental Rights- Background

  • About: The Fundamentals rights guaranteed under the Constitution of India are fundamental as they have been incorporated into the Fundamental Law of the Land.
    • Rights literally mean those freedoms which are essential for personal good as well as the good of the community.
    • Fundamental Rights (Articles 12-35) are applied without discrimination on the basis of race, religion, gender, etc.
  • Key Mandate of Fundamental Rights: Fundamental Rights are provided in the Indian constitution with an aim to promote the ideals of political democracy in India.
  • Source of Fundamental Rights: Fundamental Rights (FRs) of the Indian Constitution derive their origin from the US Constitution (United States Bill of Rights).

Fundamental Duties (Article 51A) | Part IVA | Indian Constitution

 

Fundamental Rights (Articles 12 to 35)- List of Six Fundamental Rights

Originally, the Constitution of India Provided for Seven Fundamental Rights, however, the 44th Constitutional Amendment Act deleted the ‘Right to Property from the list of Fundamental Rights and made it a legal right (Article 300-A) instead.

Below, we have provided the List of Six Fundamental Rights-

  1. Right to equality (Article 14-18): including equality before law, prohibition of discrimination on grounds of religion, race, caste, sex or place of birth, and equality of opportunity in matters of employment.
  2. Right to Freedom (Article 19-22): Right to freedom of speech and expression, assembly, association or union, movement, residence, and right to practice any profession or occupation.
  3. Right against exploitation (Article 23-24): Right against exploitation, prohibiting all forms of forced labour, child labour and traffic in human beings.
  4. Right to Freedom of Religion (Article 25-28): Right to freedom of conscience and free profession, practice, and propagation of religion.
  5. Educational and Cultural Rights (Article 29-30): Right of any section of citizens to conserve their culture, language or script, and right of minorities to establish and administer educational institutions of their choice; and
  6. Right to constitutional remedies (Article 32) for enforcement of Fundamental Rights.

Type of Writs in Indian Constitution and their Scope- Article 32 and Article 226

 

Fundamental Rights (Article 12-35)- Definition of the State (Article 12)

  • Article 12 under Part-III of the Constitution defines the State for the purpose of applicability of various provisions of Fundamental Rights.
  • Article 12 of the Indian Constitution defines the State as-
    • Executive and legislative organs of the union
    • Executive and legislative organs of the state
    • All local bodies
    • All statutory and non-statutory authorities
    • A private body or agency working as an instrument of state can fall within the meaning of the state

List of Fundamental Rights

 

Fundamental Rights (Article 12-35)- Judicial Review Provision (Article 13)

Article 13 under Part-III of the Indian Constitution defines Laws that are inconsistent with or in derogation of Fundamental Rights (FRs). The Supreme Court can strike down these laws fully or to the extent they violate the Fundamental Rights.

 

Article 13 of the Indian Constitution states that-

  • All laws in force in the territory of India immediately before the commencement of this Constitution, in so far as they are inconsistent with the provisions of this Part, shall, to the extent of such inconsistency, be void.
  • The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.
  • In this article, unless the context otherwise required, –
    1. “Law” includes any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law;
    2. “Laws in force” includes laws passed or made by a Legislature or other competent authority in the territory of India before the commencement of this Constitution and not previously repealed, notwithstanding that any such law or any part thereof may not be then in operation either at all or in particular areas.
  • Nothing in this article shall apply to any amendment of this Constitution made under article 368.

 

List of Major Constitutional Amendment Acts- Part 1

List of Major Constitutional Amendment Acts- Part 2

List of Major Constitutional Amendment Acts- Part 3

42nd Constitutional Amendment Act, 1976

Classification of Directive Principles of State Policy (DPSPs)

44th Constitutional Amendment Act

Fundamental Duties (Article 51A) | Part IVA | Indian Constitution

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