Chapter 6 · Topic 6.1 · Prelims + Mains1 of 5
Fundamental Rights: Basics and classification
Key points
- Part III, Articles 12 to 35: claims against the State; correlative with duties (Prelims 2017); fundamental, justiciable, not absolute.
- Origins: American Bill of Rights; Nehru Report 1928; Patel's Advisory Committee, Kripalani's FR sub-committee; 'Magna Carta of India'.
- Six groups: 14–18, 19–22, 23–24, 25–28, 29–30, 32. Property removed by 44th Amendment (1978), now Art 300A for any person (2021, b).
- Citizens only: Arts 15, 16, 19, 29–30. Art 12 'State': Ajay Hasia (1981) test. Private persons bound by Art 15(2), 17, 23–24; Kaushal Kishor (2023) 4:1 on Arts 19, 21.
9 PYQs 2017–2026
Prelims box: facts and traps
- 14 – 19 – 23 – 25 – 29 – 32: where each group starts.
On this page (3 sections)
What Fundamental Rights are, and why they sit in Part III
Like the rules on a school notice board that even the principal must follow, with a complaint box straight to the court.
Start with a simple question: what stops the government from locking you up because it dislikes your Facebook post? The answer is in Part III of the Constitution, Articles 12 to 35.
Direction of the claim. A right is a claim of the citizen against the State, not a favour the State hands out. Every right also puts a matching duty on someone else, the State or a fellow citizen, to respect it. That is why political theory says rights are correlative with duties.
Which one of the following statements is correct?
- Rights are claims of the State against the citizens.
- Rights are privileges which are incorporated in the Constitution of a State.
- Rights are claims of the citizens against the State.
- Rights are privileges of a few citizens against the many.
Show answer
Answer: (c) · UPSC official key
In the context of India, which one of the following is the correct relationship between Rights and Duties?
- Rights are correlative with Duties.
- Rights are personal and hence independent of society and Duties.
- Rights, not Duties, are important for the advancement of the personality of the citizen.
- Duties, not Rights, are important for the stability of the State.
Show answer
Answer: (a) · UPSC official key
Three words explain what makes them special:
| Fundamental | Justiciable | Not absolute |
|---|---|---|
| They are part of the supreme law, so an ordinary law that takes them away is void. | If one is violated, you can go straight to the Supreme Court (Art 32) or a High Court (Art 226). Compare the Directive Principles in Part IV, which no court can enforce. | The State can put reasonable restrictions on most of them, and the courts decide what counts as reasonable. |
Origins. The idea came largely from the American Bill of Rights. The Nehru Report of 1928 had already asked for a list of rights. The Constituent Assembly’s Advisory Committee, chaired by Sardar Patel, had a sub-committee on FRs led by J.B. Kripalani. People often call Part III the Magna Carta of India.
What UPSC asks: Prelims: character of rights: claims against the State (2017), correlative with duties, justiciable, not absolute. Mains: rarely asked alone; the base for every rights answer. Next likely angle: which rights are available to foreigners, or against private persons.
The map: six groups, plus the framework articles
Learn the layout before the details. The original Constitution had seven groups. The 44th Amendment (1978) removed the Right to Property, which now lives on in Art 300A as a legal right available to any person, not a Fundamental Right. That leaves six.
What is the position of the Right to Property in India?
- Legal right available to citizens only
- Legal right available to any person
- Fundamental Right available to citizens only
- Neither Fundamental Right nor legal right
Show answer
Answer: (b) · UPSC official key
| Group | Articles |
|---|---|
| Right to Equality | 14–18 |
| Right to Freedom | 19–22 |
| Right against Exploitation | 23–24 |
| Right to Freedom of Religion | 25–28 |
| Cultural and Educational Rights | 29–30 |
| Right to Constitutional Remedies | 32 |
Remember the numbers: 14 – 19 – 23 – 25 – 29 – 32. Each number is where a group starts. Notice the gap at 31: that was the Right to Property, since deleted.
Framework articles. Art 12 defines who the “State” is. Art 13 makes inconsistent laws void. Arts 33–35 let Parliament modify rights for the forces and pass laws to enforce Part III.
What UPSC asks: Prelims: group-to-article matching; Right to Property now Art 300A, a legal right for any person (2021). Mains: why property was moved out of Part III. Next likely angle: Art 300A compensation and the 44th Amendment.
Who can claim them, and against whom
Two questions decide almost every FR dispute: is this person entitled? And is the other side the “State”?
| Only for citizens | For every person (citizens and foreigners) |
|---|---|
| Art 15 (no discrimination on religion, race, caste, sex, place of birth) | Art 14 (equality before law) |
| Art 16 (equality in public employment) | Arts 20, 21, 21A, 22 |
| Art 19 (six freedoms) | Arts 23–24 (against exploitation) |
| Arts 29–30 (cultural and educational) | Arts 25–28 (religion) |
Enemy aliens do not get the Art 22 safeguards.
Art 12: “the State”. It covers the Union and State governments, Parliament and the legislatures, and all local and other authorities. Under the Ajay Hasia (1981) test, a body that is financially, functionally and administratively controlled by the government also counts. That is why a public sector bank must respect your rights.
Rights that bind private persons:
- Art 15(2): access to shops, wells, public places;
- Art 17: untouchability;
- Arts 23–24: forced labour, child labour.
In Kaushal Kishor v State of UP (2023), a Constitution Bench held by a 4:1 majority that Arts 19 and 21 can be enforced even against non-State actors.
Quick check: a private shop owner turns a customer away because of caste. Which articles help, and why doesn’t the Art 12 ‘State’ question matter? Answer: Art 15(2) and Art 17, which bind private persons directly.
What UPSC asks: Prelims: citizens-only rights; meaning of ‘State’ (Art 12); rights binding private persons. Mains: horizontal application after Kaushal Kishor (2023). Next likely angle: is a private body performing a public function ‘State’?
Mains box: analysis and answer points
- Horizontal application after Kaushal Kishor; why property left Part III.
Practice
Practice MCQs (8)
Match List-I (Category of Fundamental Rights) with List-II (Articles): List-I A. Right to Equality B. Right to Freedom C. Right against Exploitation D. Right to Freedom of Religion List-II
1. Articles 25–28
2. Articles 23–24
3. Articles 14–18
4. Articles 19–22
Select the correct answer using the code given below:
Answer (d) & explanation
Part III is arranged in blocks: Right to Equality in Articles 14–18, Right to Freedom in Articles 19–22, Right against Exploitation in Articles 23–24, Right to Freedom of Religion in Articles 25–28, Cultural and Educational Rights in Articles 29–30, and the Right to Constitutional Remedies in Article 32. Two further groups complete Part III but are not categories of rights: Articles 31A, 31B and 31C are saving clauses that protect certain laws, such as land reforms and laws giving effect to some Directive Principles, from challenge; and Articles 33, 34 and 35 deal with modifying rights for the armed forces and police, martial law, and Parliament's power to legislate on Part III. The Right to Constitutional Remedies is the only category consisting of a single Article, 32. Article 21A, inserted in 2002, sits in the Right to Freedom because of its number.
The Fundamental Rights are contained in which Part and Articles of the Constitution of India?
Answer (b) & explanation
The Fundamental Rights are in Part III, Articles 12 to 35. Article 12 defines 'the State', Article 13 makes inconsistent laws void, Articles 14 to 32 contain the six categories of rights, and Articles 33 to 35 deal with modification for the forces, martial law and legislation to give effect to Part III. Part II (Articles 5–11) deals with citizenship, Part IV (Articles 36–51) with the Directive Principles, and Part IVA (Article 51A, added by the 42nd Amendment, 1976) with the Fundamental Duties. Part III is often called the Magna Carta of India. Article 35 gives Parliament alone, not the State Legislatures, the power to make laws for certain rights, such as Articles 16(3), 32(3), 33 and 34.
Consider the following statements:
1. The Constitution originally provided for seven Fundamental Rights; there are now six.
2. The right to property was deleted from the list of Fundamental Rights by the 42nd Amendment Act, 1976.
Which of the statements given above is/are correct?
Answer (a) & explanation
Statement 1 is correct: the original Constitution had seven categories of Fundamental Rights (equality, freedom, against exploitation, religion, cultural and educational, property, and constitutional remedies); there are now six. Statement 2 is incorrect: the right to property (Articles 19(1)(f) and 31) was deleted by the 44th Amendment Act, 1978, passed by the Janata government, not by the 42nd Amendment of 1976. It now survives as a constitutional (legal) right under Article 300A in Part XII: no person shall be deprived of his property save by authority of law. A breach of Article 300A can be challenged under Article 226, but not directly under Article 32.
Consider the following rights:
1. Right to vote in elections to the Lok Sabha
2. Right to property
3. Right to privacy
4. Right of a child aged six to fourteen years to free and compulsory education
How many of the above are Fundamental Rights under the Constitution of India?
Answer (b) & explanation
Two, items 3 and 4. The right to vote is a constitutional right under Article 326 (adult suffrage) given shape by the Representation of the People Act, 1951; it lies outside Part III, and the Supreme Court has treated it as a statutory right. The right to property ceased to be a Fundamental Right in 1978 and is now a constitutional right under Article 300A. The right to privacy is intrinsic to Article 21 and Part III, as a nine-judge bench held in K.S. Puttaswamy (2017). Free and compulsory education for children aged six to fourteen is a Fundamental Right under Article 21A, inserted by the 86th Amendment, 2002. Other constitutional but non- fundamental rights include Article 265 (no tax without authority of law) and Article 301 (freedom of trade, commerce and intercourse).
Consider the following:
1. The right to privacy
2. The right to education for children aged six to fourteen years
3. The freedom of the press
4. The right to form co-operative societies
How many of the above are expressly mentioned in the text of Part III of the Constitution of India?
Answer (b) & explanation
Only two. The right to education is expressly in Article 21A, and the right to form co-operative societies was expressly added to Article 19(1)(c) by the 97th Amendment (2011). The right to privacy is read into Article 21 by the courts (Puttaswamy, 2017), and the freedom of the press is read into Article 19(1)(a); neither appears in the text. The 97th Amendment also added Article 43B on promoting co-operatives and Part IXB on co-operative societies. In Union of India v. Rajendra N. Shah (2021) the Supreme Court held Part IXB inoperative for State co- operative societies because it had not been ratified by half the States, while it survives for multi-State societies. Press freedom, though unwritten, is firmly established: Romesh Thappar (1950), Sakal Papers (1962) and Indian Express Newspapers (1985) all treated it as part of Article 19(1)(a).
Consider the following provisions:
1. Article 15(2) – access to shops, public restaurants, wells and tanks
2. Article 17 – abolition of untouchability
3. Article 23 – prohibition of traffic in human beings and forced labour
4. Article 14 – equality before law
How many of the above protect a person against private individuals as well, and not only against the State?
Answer (c) & explanation
Three, items 1, 2 and 3. Most Fundamental Rights limit only the State, but a few also bind private persons. Article 15(2) says no citizen shall be denied access to shops, public restaurants, hotels and places of public entertainment, or the use of wells, tanks and similar places, and many of these are privately run. Article 17 abolishes untouchability and forbids its practice 'in any form' by anyone; Articles 23 and 24 prohibit trafficking, begar, forced labour and hazardous child labour whoever imposes them. Article 14, however, is addressed only to the State: 'The State shall not deny to any person equality before the law'. Article 24 bars the employment of children below fourteen in factories, mines or other hazardous work by anyone, and Article 23 bans begar and trafficking whether by the State or a private person.
Consider the following statements:
1. Article 12 of the Constitution of India defines the expression 'Fundamental Rights'.
2. Some Fundamental Rights are positive in character and require the State to act, and not merely to refrain from acting.
Which of the statements given above is/are correct?
Answer (b) & explanation
Statement 1 is incorrect: the Constitution nowhere defines 'Fundamental Rights'; Article 12 defines only the expression 'the State' for the purposes of Part III, because the rights are mainly claims against the State. Statement 2 is correct: most rights are negative, limiting what the State may do, for example Article 14 ('the State shall not deny') or Article 20. Some are positive and require State action, such as Article 21A, under which the State shall provide free and compulsory education to all children aged six to fourteen, and Article 32, which obliges the Supreme Court to enforce the rights. Some rights are available only to citizens (Articles 15, 16, 19, 29 and 30), while others, such as Articles 14, 20, 21 and 25, are available to all persons, including foreigners.
Consider the following statements:
1. Under the doctrine of eclipse, a pre-constitutional law that is inconsistent with a Fundamental Right is not wiped out; it becomes dormant and can revive if the inconsistency is removed by amending the Fundamental Right.
2. A citizen can validly waive a Fundamental Right that exists for his own benefit.
Which of the statements given above is/are correct?
Answer (a) & explanation
Statement 1 is correct: in Bhikaji Narain Dhakras v. State of M.P. (1955), the Supreme Court applied the doctrine of eclipse. A pre-constitutional law inconsistent with a Fundamental Right is not dead but overshadowed; it remains operative for past transactions and revives once the 'shadow' is removed by amending the right. There, a provincial motor transport law of the 1940s clashing with Article 19(1)(g) revived after the First Amendment, 1951. Statement 2 is incorrect: in Basheshar Nath v. CIT (1959), a Constitution Bench held that Fundamental Rights cannot be waived, because they are placed in the Constitution as a matter of public policy, not only for the individual's benefit. On waiver, Basheshar Nath v. CIT (1959) held that a citizen cannot waive a Fundamental Right, because the rights are also obligations on the State in the public interest.
0 / 0 correct
Prelims PYQs on this topic (8)
With reference to the Indian polity, consider the following statements :
- I. An Ordinance can amend any Central Act.
- II. An Ordinance can abridge a Fundamental Right.
- III. An Ordinance can come into effect from a back date.
Which of the statements given above are correct?
Answer (c) & explanation
Statements I and III are correct (c). An Ordinance under Article 123 has the same force as an Act of Parliament. Statement I is right: so it can amend any Central Act. Statement III is right: like an Act, it can be made retrospective, taking effect from a back date. Statement II is wrong: Article 13 counts an Ordinance as "law", and no law can take away or abridge Fundamental Rights. So options (a), (b) and (d) fail.
Notice the limits: an Ordinance can be issued only when Parliament is not in session, and it lapses six weeks after Parliament reassembles unless approved. In Krishna Kumar Singh (2017), the Supreme Court held that re-promulgating Ordinances again and again is a fraud on the Constitution. Governors have the same power under Article 213.
"same force as an Act" makes students think an Ordinance can do anything. It carries the same limits too.
Traps like this come back in new clothes. The PYQ Book collects all of them, topic by topic, so none catch you twice. Try the free sample
Answer as per the official UPSC answer key.
Consider the following pairs :
| Provision in the Constitution of India | Stated under
| I. Separation of Judiciary from the Executive in the public services of the State | The Directive Principles of State Policy
| II. Valuing and preserving of the rich heritage of our composite culture | The Fundamental Duties
| III. Prohibition of employment of children below the age of 14 years in factories | The Fundamental Rights
How many of the above pairs are correctly matched?
Answer (c) & explanation
All three pairs are correctly matched (c). Pair I is right: separation of the judiciary from the executive is Article 50, a Directive Principle. Pair II is right: valuing and preserving our composite culture is Article 51A(f), a Fundamental Duty. Pair III is right: no child below 14 may work in factories, mines or hazardous work under Article 24, a Fundamental Right. So options (a), (b) and (d) fail.
Notice related provisions: Article 21A gives free education for ages 6–14 (86th Amendment, 2002), and Article 51A(k) asks parents to educate their children. The Child Labour Amendment Act, 2016 banned all child labour below 14. Article 39(e) and (f) protect children too.
Article 45 (early childhood care, a DPSP) and Article 24 (a Fundamental Right) both talk about children. Keep them apart.
Answer as per the official UPSC answer key.
In India, which one of the following Constitutional Amendments was widely believed to be enacted to overcome the judicial interpretations of the Fundamental Rights?
No official answer (question dropped) & notes
UPSC dropped this question, so no answer was counted. The ideas are still worth knowing. The 1st Amendment (1951) answered court rulings on land reform and free speech: it added the Ninth Schedule to shield land laws and new limits to Article 19(2). The 42nd Amendment (1976) also tried to put laws based on the Directive Principles beyond Fundamental Rights challenges. The 44th (1978) undid many Emergency changes, and the 86th (2002) made education a Fundamental Right. More than one option fits "widely believed", which is likely why it was dropped.
Notice the long tussle: courts struck down laws, Parliament amended, and Kesavananda Bharati (1973) finally set the basic structure limit on amendments.
UPSC did not evaluate this question, so no official answer exists. Use it for practice only.
UPSC dropped this question from evaluation; there is no official answer.
Which one of the following in Indian polity is an essential feature that indicates that it is federal in character?
Answer (a) & explanation
An independent judiciary is the essential federal feature (a). A federation divides power between the Union and the States. That division needs an independent umpire to settle disputes between them and to interpret the Constitution, so the independence of the judiciary is an essential federal feature. In India, the Supreme Court settles Centre–State disputes under Article 131. Option (b) can exist in a unitary state with regional seats. Option (c) is a matter of politics, not structure. Option (d) concerns rights, which unitary states also protect.
Notice the other federal features: a written Constitution, division of powers (Seventh Schedule), bicameralism and a rigid amendment process. India is often called "quasi-federal", after K.C. Wheare.
Answer as per the official UPSC answer key.
What is the position of the Right to Property in India?
Answer (b) & explanation
Property is a legal right available to any person (b). The 44th Amendment (1978) removed the right to property from Part III, the Fundamental Rights. It is now a constitutional (legal) right under Article 300A: "No person shall be deprived of his property save by authority of law." The word "person" covers non-citizens and companies too, not just citizens. So option (a) is wrong for limiting it to citizens. Options (c) and (d) are wrong: it is no longer a Fundamental Right, but it is still a legal right.
Notice that the right was once in Articles 19(1)(f) and 31. Because it is not a Fundamental Right, a person must go to a High Court under Article 226, not straight to the Supreme Court under Article 32.
"citizens only". Article 300A says "person".
Answer as per the official UPSC answer key.
Consider the following statements :
- 1. The Constitution of India defines its 'basic structure' in terms of federalism, secularism, fundamental rights and democracy.
- 2. The Constitution of India provides for 'judicial review' to safeguard the citizens' liberties and to preserve the ideals on which the Constitution is based.
Which of the statements given above is/are correct?
Answer (d) & explanation
Neither statement is correct (d). Statement 1 is wrong because the basic structure is not defined anywhere in the Constitution. It comes from court judgments, mainly Kesavananda Bharati (1973). Later cases added features such as federalism, secularism, democracy and judicial review. Statement 2 is wrong in UPSC's view because the phrase "judicial review" does not appear in the text. The power comes from Articles 13, 32, 136 and 226, and the courts treat it as part of the basic structure, but the Constitution does not "provide for" it in those words.
Notice the important basic structure cases: Indira Gandhi v. Raj Narain (1975), Minerva Mills (1980) and S.R. Bommai (1994), which added secularism and federalism.
the power of judicial review exists, so statement 2 feels right. UPSC was testing whether the Constitution "provides for" it in those words.
Fell for this one? Most aspirants do. The PYQ Book puts every UPSC trap side by side, so the pattern finally clicks. Try the free sample
Answer as per the official UPSC answer key.
Mains PYQs on this topic (1)
Write an answer
In 150 words, explain the significance of Fundamental Rights with one recent example.
Flashcards (5)
Which Part and Articles contain the
Fundamental Rights? Part III, Arts 12–35.
Why are only six groups of FRs left today?
The 44th Amendment (1978) deleted the Right to Property; it is now a legal right under Art 300A.
Ajay Hasia test
Decides whether a body is "State" under Art 12: deep financial, functional and administrative control by the government.
Name four FRs available only to citizens.
Arts 15, 16, 19, 29, 30 (any four).
Which FRs bind private persons too?
Art 15(2), Art 17, Arts 23 and 24 (and, after Kaushal Kishor 2023, Arts 19 and 21 can be enforced against non-State actors).
Read more: related explainers
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