Fundamental Rights UPSC: Articles 12

Asked by UPSCPrelims 2026, 2024, 2022, 2021, 20206 PYQs

UPSC has already asked about this. Read the story with these questions in mind.

Prelims 2020Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?Solve it below
Prelims 2021A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates…Solve it below

See all 6 PYQs

Prelims 2021What is the position of the Right to Property in India?Solve it below
Prelims 2022With reference to the writs issued by the Courts in India, consider the following statementsSolve it below
Prelims 2024A Writ of Prohibition is an order issued by the Supreme Court or High Courts toSolve it below
Prelims 2026'X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the Constitution of India.…Solve it below

Quick answerFundamental Rights are the justiciable rights in Part III (Articles 12–35) of the Constitution. There are six: Right to Equality (14–18), Freedom (19–22), against Exploitation (23–24), Freedom of Religion (25–28), Cultural and Educational rights (29–30) and Constitutional Remedies (32). A citizen can go directly to the Supreme Court to enforce them.

What are Fundamental Rights in the Indian Constitution?

They are limits on the State, which is defined widely in Article 12 to include Parliament, State legislatures, governments, and local and other authorities. Article 13 makes any law inconsistent with Part III void to that extent, which is the textual basis of judicial review. “Law” in Article 13 includes ordinances, orders, bye-laws, rules, regulations, notifications, and custom or usage having the force of law. They are “fundamental” because they are guaranteed by the supreme law and enforceable through Article 32, which is why they are often called India’s Magna Carta.

The six Fundamental Rights at a glance

Right	Articles	Core content
Equality	14–18	Equality before law; no discrimination; equal opportunity in public employment; abolition of untouchability (17) and titles (18)
Freedom	19–22	Six freedoms (19); protection in conviction (20); life and personal liberty (21); education (21A); safeguards on arrest (22)
Against exploitation	23–24	No trafficking or forced labour; no child labour in hazardous work under 14
Freedom of religion	25–28	Conscience and religion; managing religious affairs; no tax for promoting a religion; religious instruction rules
Cultural & educational	29–30	Protect language, script, culture; minorities’ right to set up educational institutions
Constitutional remedies	32	Right to move the Supreme Court; writs

Available only to citizens: Articles 15, 16, 19, 29 and 30. The rest are available to all persons, including foreigners.

The six Fundamental Rights

Fundamental RightsPart III, Articles 12-35

EqualityArts. 14-18
FreedomArts. 19-22
Against exploitationArts. 23-24
ReligionArts. 25-28
Cultural and educationalArts. 29-30
Constitutional remediesArt. 32

Right to Constitutional Remedies and the five writs

Dr B.R. Ambedkar called Article 32 the “very soul” and “heart” of the Constitution. The Supreme Court (Art. 32) and High Courts (Art. 226, which is wider because it covers “any other purpose” too) can issue: Habeas corpus (produce a detained person), Mandamus (command a public authority to perform a public duty; not against a private body, unless it performs a public duty), Prohibition (stop a lower court or tribunal from exceeding jurisdiction), Certiorari (quash an order already passed without jurisdiction) and Quo warranto (ask by what authority someone holds a public office; any person may seek it).

What happened to the Right to Property?

The 44th Amendment (1978) deleted the right to property from Part III (Articles 19(1)(f) and 31). It is now a constitutional right under Article 300A: no person can be deprived of property save by authority of law. It is enforceable through ordinary legal remedies and Article 226, not Article 32, and it is available to all persons.

Fundamental Rights vs Directive Principles: the case-law arc

Champakam Dorairajan (1951) held that DPSPs must yield to FRs. Golaknath (1967) held that Parliament cannot amend FRs. Kesavananda Bharati (1973) allowed amendment, subject to the basic structure. Minerva Mills (1980) held that the balance between Parts III and IV is itself a basic feature. In Maneka Gandhi (1978) the Court linked Articles 14, 19 and 21, so any law restricting liberty must be just, fair and reasonable.

Fundamental Rights through the courts

1951Shankari Prasad: Parliament can amend FRs
1967Golaknath: Parliament cannot
1973Kesavananda: can, but not the basic structure
1978Maneka Gandhi: Articles 14, 19, 21 read together
1980Minerva Mills: balance of FRs and DPSPs
2017Puttaswamy: privacy is a Fundamental Right

Why Fundamental Rights are important

They protect minorities and individuals against majorities, turn the Preamble’s liberty and equality into enforceable claims, and give courts the tools to check legislative and executive excess. Most new rights recognised in the last fifty years (privacy, dignity, speedy trial, clean environment) come from judicial reading of Article 21.

Articles 12-35 at a glance

Articles	Content
12-13	Definition of “State”; laws inconsistent with Fundamental Rights are void
14-18	Right to equality
19-22	Right to freedom
23-24	Right against exploitation
25-28	Right to freedom of religion
29-30	Cultural and educational rights
32	Right to constitutional remedies
33-35	Limits for armed forces, martial law, power to legislate

Restrictions and the tests courts apply

Fundamental Rights are not absolute. Article 19 freedoms can be limited by “reasonable restrictions” on grounds listed in clauses (2) to (6), such as public order, security of the State and decency. Courts test such limits through the reasonableness standard and, since Puttaswamy (2017) and Modern Dental College (2016), through proportionality: the measure must have a legitimate aim, be suitable, be the least restrictive option, and balance the harm against the benefit. Some rights are available against private persons too, for example Articles 15(2), 17, 23 and 24.

Fundamental Rights: UPSC angle

For UPSC CSE

Prelims: article–right matching, citizens-only rights, writs, Art. 13 “law”, 44th Amendment. UPSC asks Part III almost every year. Mains GS-II: expansion of Art. 21, reasonable restrictions, FR–DPSP harmony, writ jurisdiction.

Fundamental Rights UPSC PYQs (Prelims)

Questions UPSC has actually asked, from the official papers. Pick an option to check yourself.

UPSC Prelims 2020 · GS-I · Q4

Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?

Answer (d) & why

Abolition of untouchability is Article 17, which falls under the Right to Equality (Articles 14–18).