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  • part iii-fundamental-rights

Part III: Fundamental Rights

Part III of the Constitution of India (Articles 12–35) guarantees Fundamental Rights to all citizens (and in some cases, to all persons). These include the right to equality, freedoms, protection against exploitation, freedom of religion, cultural and educational rights, and the right to constitutional remedies. Fundamental Rights are justiciable and enforceable by courts, but are subject to reasonable restrictions permitted by the Constitution in the interests of sovereignty, security, public order, morality, and other specified grounds.

Articles 12 to 35

Article 12

Definitions

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Article 13

Laws inconsistent with or in derogation of the fundamental rights

Article 14

Equality before law

Article 15

Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth

Article 16

Equality of opportunity in matters of public employment

Article 17

Abolition of Untouchability

Article 18

Abolition of titles

Article 19

Protection of certain rights regarding freedom of speech, etc.

Article 20

Protection in respect of conviction for offences

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Article 21

Protection of life and personal liberty

Article 21A

Right to education

Article 22

Protection Against Arrest and Detention in Certain Cases

Article 23

Prohibition of traffic in human beings and forced labour

Article 24

Prohibition of employment of children in factories, etc.

Article 25

Freedom of conscience and free profession, practice and propagation of religion

Article 26

Freedom to manage religious affairs

Article 27

Freedom as to payment of taxes for promotion of any particular religion

Article 28

Freedom as to attendance at religious instruction or religious worship in certain educational institutions

Article 29

Protection of interests of minorities

Article 30

Right of minorities to establish and administer educational institutions

Article 31

Compulsory acquisition of property

Article 31A

Saving of laws providing for acquisition of estates, etc.

Article 31B

Validation of certain Acts and Regulations

Article 31C

Saving of laws giving effect to certain directive principles

Article 31D

Saving of laws in respect of anti-national activities

Article 32

Remedies for enforcement of rights conferred by this Part

Article 32A

Constitutional validity of State laws not to be considered in proceedings under article 32

Article 33

Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.

Article 34

Restriction on rights conferred by this Part while martial law is in force in any area

Article 35

Legislation to give effect to the provisions of this Part

Frequently Asked Questions

How many categories of Fundamental Rights are recognized in Part III?

Six categories are recognized: Right to Equality (Articles 14–18), Right to Freedom (Articles 19–22), Right against Exploitation (Articles 23–24), Right to Freedom of Religion (Articles 25–28), Cultural and Educational Rights (Articles 29–30), and Right to Constitutional Remedies (Articles 32–35).

What is the scope of Article 12 and Article 13?

Article 12 defines 'the State' for Part III, and Article 13 renders void laws that are inconsistent with or in derogation of Fundamental Rights, subject to constitutional provisions.

What freedoms are protected under Article 19?

Article 19 protects freedoms of speech and expression, assembly, association, movement, residence, and profession, subject to constitutionally specified restrictions.

What does Article 21 guarantee?

Article 21 guarantees the right to life and personal liberty according to procedure established by law.

Is education a Fundamental Right?

Yes, Article 21A provides for the right to education in accordance with the Constitution.

How are Fundamental Rights enforced?

Article 32 provides the right to move the Supreme Court for enforcement of Fundamental Rights, and Parliament may enact laws to give effect to Part III.

Can Parliament modify Fundamental Rights for specific services?

Under Article 33, Parliament can modify the application of certain rights to the armed forces and related services as provided by law.


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