Fundamental Rights (Articles 12-35) Article-wise Guide

Fundamental Rights (Articles 12-35): Complete Article-wise Guide for UPPCS Prelims 2026

Fundamental Rights (Part III of the Constitution) are among the highest-scoring topics for UPPCS Prelims. Questions are usually direct and factual, such as "Which Article...", "Which Amendment...", "Which clause..." and "Which case...". This guide covers every article with its clauses, amendments and landmark cases.

Quick facts

• Part III, Articles 12 to 35, borrowed from the US Bill of Rights.

• Called the "Magna Carta of India" and the "conscience of the Constitution".

• Originally 7 rights. Right to Property (Art. 31) was removed by the 44th Amendment (1978), so there are now 6 Fundamental Rights.

• Justiciable, but not absolute (reasonable restrictions apply).

• Some rights are available to citizens only, others to all persons.

1. Definition and Supremacy (Articles 12-13)

Article 12: Definition of "State"
Includes the Government and Parliament of India, the Government and Legislature of each State, and all local and other authorities within the territory of India or under the control of the Government of India. The judiciary is generally not included in its administrative role.

Article 13: Laws inconsistent with Fundamental Rights

• 13(1): Pre-Constitution laws are void to the extent of inconsistency.

• 13(2): The State shall not make any law that takes away or abridges Fundamental Rights.

• 13(3): "Law" includes ordinance, order, bye-law, rule, regulation, notification, custom or usage.

• 13(4): Constitutional amendments under Art. 368 are not "law" under Art. 13 (added by the 24th Amendment, 1971).

• This article is the basis of judicial review. Related doctrines are Eclipse, Severability and Waiver (no waiver is allowed).

• Kesavananda Bharati (1973) held that Parliament cannot amend the basic structure.

2. Right to Equality (Articles 14-18)

Article 14: Equality before law and equal protection of laws

• Applies to all persons.

• "Equality before law" is of British origin (negative concept). "Equal protection of laws" is of American origin (positive concept).

• Reasonable classification is permitted (intelligible differentia and rational nexus).

• Exceptions: President and Governors (Art. 361), legislators' privileges (Arts. 105, 194), foreign diplomats.

Article 15: Prohibition of discrimination (religion, race, caste, sex, place of birth)

• 15(1): The State shall not discriminate against any citizen on these grounds.

• 15(2): No citizen shall be denied access to shops, public restaurants, hotels, places of public entertainment, wells, tanks, bathing ghats, roads and places of public resort.

• 15(3): Special provisions for women and children.

• 15(4): Special provisions for socially and educationally backward classes, SCs and STs (added by the 1st Amendment, 1951, after Champakam Dorairajan).

• 15(5): Reservation in educational institutions, including private aided and unaided ones, except minority institutions (93rd Amendment, 2005).

• 15(6): Up to 10% EWS reservation in educational institutions (103rd Amendment, 2019). Upheld in Janhit Abhiyan (2022).

Article 16: Equality of opportunity in public employment

• 16(1): Equality of opportunity in public employment.

• 16(2): No discrimination on grounds of religion, race, caste, sex, descent, place of birth or residence.

• 16(3): Parliament may prescribe a residence requirement for a State or UT post.

• 16(4): Reservation for backward classes not adequately represented.

• 16(4A): Reservation in promotion for SC/ST (77th Amendment, 1995).

• 16(4B): Carry-forward of unfilled vacancies (81st Amendment, 2000).

• 16(5): Religious institution offices may be reserved for persons of that religion.

• 16(6): 10% EWS reservation in posts (103rd Amendment).

• Indra Sawhney (1992): 50% ceiling, creamy layer for OBCs, no reservation in promotions (later overridden by the 77th Amendment).

Article 17: Abolition of Untouchability
Its practice in any form is forbidden. Related laws: Protection of Civil Rights Act, 1955 and SC/ST (Prevention of Atrocities) Act, 1989.

Article 18: Abolition of Titles

• 18(1): The State shall not confer titles (except military or academic distinctions).

• 18(2): A citizen shall not accept titles from a foreign State.

• 18(3): A non-citizen holding an office of profit shall not accept a foreign title without the President's consent.

• 18(4): No person holding an office of profit shall accept gifts or office from a foreign State without the President's consent.

• Balaji Raghavan (1996): Bharat Ratna and Padma awards are not "titles".

3. Right to Freedom (Articles 19-22)

Article 19: Six freedoms (citizens only)

• 19(1)(f) (property) was deleted by the 44th Amendment (1978).

• "Cooperative societies" in 19(1)(c) was added by the 97th Amendment (2011).

• Grounds under 19(2): sovereignty and integrity of India, security of the State, friendly relations with foreign States, public order, decency or morality, contempt of court, defamation, incitement to an offence.

• 19(3): sovereignty and integrity, public order.

• 19(4): sovereignty and integrity, public order, morality.

• 19(5): general public interest, protection of Scheduled Tribes.

• 19(6): public interest, professional or technical qualifications, State monopoly.

• Press freedom is derived from 19(1)(a) (Romesh Thappar, Indian Express). Shreya Singhal (2015) struck down Section 66A of the IT Act. The right to strike and the right to bandh are not fundamental rights.

Article 20: Protection in respect of conviction for offences

• 20(1): No ex post facto criminal law (no retrospective punishment).

• 20(2): No double jeopardy (prosecution and punishment more than once for the same offence).

• 20(3): No self-incrimination (no one can be compelled to be a witness against himself).

• Not suspended even during a National Emergency. Selvi (2010) held involuntary narco-analysis violates Art. 20(3).

Article 21: Protection of life and personal liberty

• "No person shall be deprived of life or personal liberty except according to procedure established by law."

• A.K. Gopalan (1950) took a narrow view. Maneka Gandhi (1978) required the procedure to be "fair, just and reasonable".

• Expanded to cover livelihood (Olga Tellis), speedy trial (Hussainara Khatoon), privacy (Puttaswamy, 2017), clean environment, health, dignity, and the right to die with dignity (passive euthanasia, Common Cause, 2018).

• Article 21A: Free and compulsory education for children aged 6-14 years (86th Amendment, 2002). The RTE Act came into force in 2010.

Article 22: Protection against arrest and detention

• 22(1): Right to be informed of the grounds of arrest and to consult and be defended by a lawyer.

• 22(2): Must be produced before a magistrate within 24 hours (excluding travel time).

• 22(3): These protections do not apply to enemy aliens or persons under preventive detention.

• 22(4)-(7): Preventive detention beyond 3 months needs an Advisory Board. Grounds must be communicated, and Parliament may prescribe cases where detention exceeds 3 months.

• Preventive detention laws: Parliament has exclusive power for defence, foreign affairs and security of India. Both Parliament and State legislatures can act on security of State, public order and essential supplies.

4. Right against Exploitation (Articles 23-24)

Article 23

• 23(1): Prohibits traffic in human beings, begar and other forms of forced labour.

• 23(2): The State may impose compulsory service for public purposes, without discrimination on grounds of religion, race, caste or class.

• Available against private individuals too (PUDR v. Union of India, Asiad case). Related: Bonded Labour System (Abolition) Act, 1976.

Article 24
No child below 14 years shall be employed in any factory, mine or other hazardous employment. The Child Labour (Prohibition and Regulation) Amendment Act, 2016 bans employment of children below 14 in all occupations and regulates adolescents (14-18) in hazardous work.

5. Right to Freedom of Religion (Articles 25-28)

Article 25 (all persons)

• 25(1): Freedom of conscience and the right to freely profess, practise and propagate religion, subject to public order, morality, health and other Fundamental Rights.

• 25(2): The State may regulate secular activity linked to religion, provide for social welfare and reform, and throw open Hindu religious institutions to all classes.

• Explanation I: Wearing and carrying the kirpan is deemed part of the Sikh religion.

• Explanation II: "Hindus" includes Sikhs, Jains and Buddhists.

Article 26: Religious denominations
The right to (a) establish and maintain religious and charitable institutions, (b) manage their own affairs in matters of religion, (c) own and acquire movable and immovable property, (d) administer such property in accordance with law.

Article 27
No person can be compelled to pay taxes for the promotion or maintenance of any particular religion.

Article 28

• 28(1): No religious instruction in institutions wholly maintained by State funds.

• 28(2): Exception for institutions administered by the State but created under a trust or endowment requiring religious instruction.

• 28(3): No person in a State-recognised or State-aided institution can be forced to take part in religious instruction or worship without consent (or the guardian's consent, if a minor).

6. Cultural and Educational Rights (Articles 29-30)

Article 29

• 29(1): Any section of citizens with a distinct language, script or culture has the right to conserve it.

• 29(2): No citizen shall be denied admission to a State-maintained or State-aided institution on grounds of religion, race, caste or language.

• Protects both minorities and the majority.

Article 30

• 30(1): All minorities, religious or linguistic, have the right to establish and administer educational institutions of their choice.

• 30(1A): Compensation for compulsory acquisition of minority institution property (44th Amendment).

• 30(2): The State shall not discriminate in granting aid on the ground that an institution is under minority management.

7. Right to Constitutional Remedies (Articles 32-35)

Article 32 (Dr. Ambedkar called it the "heart and soul" of the Constitution)

• 32(1): Right to move the Supreme Court for enforcement of Fundamental Rights.

• 32(2): The Supreme Court may issue directions, orders or writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto.

• 32(3): Parliament may empower other courts to issue these writs.

• 32(4): The right cannot be suspended except as provided by the Constitution.

• Under Article 226, High Courts can issue writs for Fundamental Rights and for any other purpose, so their jurisdiction is wider.

Article 33: Parliament can restrict or modify the rights of armed forces, police and similar forces.

Article 34: Restriction on Fundamental Rights while martial law is in force.

Article 35: Only Parliament (not State legislatures) can make laws for certain Part III matters (Arts. 16(3), 32(3), 33, 34) and to punish offences under Part III.

8. Related Articles Often Asked

• Article 31A (1st Amendment): Saves laws on acquisition of estates.

• Article 31B (1st Amendment): Creates the Ninth Schedule. I.R. Coelho (2007) held laws placed there after 24 April 1973 are open to judicial review.

• Article 31C (25th Amendment): Gives some Directive Principles primacy over Arts. 14 and 19. Partly struck down in Kesavananda, and fully in Minerva Mills (1980).

• Right to Property: now only a legal right under Article 300A (Part XII), not a Fundamental Right.

9. Citizens-only vs All Persons

Mnemonic for citizens-only: "15-16-19-29-30". Note that Art. 22 protections (such as arrest safeguards) are not available to enemy aliens.

10. Rights Not Suspended During Emergency

Under Art. 359, the President can suspend the right to move courts for most Fundamental Rights, but never for Arts. 20 and 21 (44th Amendment). Art. 19 is suspended automatically only in a war or external aggression Emergency, not in an armed rebellion.

11. Key Amendments at a Glance

12. Landmark Cases

• A.K. Gopalan (1950): Art. 21 and "procedure established by law".

• Kesavananda Bharati (1973): Basic structure doctrine.

• Maneka Gandhi (1978): Expanded Art. 21 and linked Arts. 14, 19 and 21.

• Minerva Mills (1980): Balance between Fundamental Rights and DPSP.

• Indra Sawhney (1992): 50% cap and creamy layer.

• Vishaka (1997): Guidelines against sexual harassment at workplace.

• Puttaswamy (2017): Right to privacy is a fundamental right.

• Navtej Singh Johar (2018): Decriminalised consensual same-sex relations (Sec. 377).

• Joseph Shine (2018): Struck down adultery law.

• Shreya Singhal (2015): Struck down Sec. 66A, IT Act.

13. Practice MCQs

Q1. Which Article abolishes untouchability?
(a) 15 (b) 16 (c) 17 (d) 18 → Answer: (c)

Q2. Right to education for ages 6-14 comes under which Article?
(a) 21A (b) 45 (c) 24 (d) 29 → Answer: (a)

Q3. Which writ is issued to challenge illegal detention?
(a) Mandamus (b) Habeas Corpus (c) Certiorari (d) Quo Warranto → Answer: (b)

Q4. Which amendment removed the right to property from Fundamental Rights?
(a) 42nd (b) 44th (c) 52nd (d) 61st → Answer: (b)

Q5. Which Articles cannot be suspended during Emergency?
(a) 14 and 15 (b) 19 and 21 (c) 20 and 21 (d) 22 and 23 → Answer: (c)

Final Tips for UPPCS Prelims 2026

1. Memorise clause numbers for Arts. 15, 16, 19, 20, 21, 22, 25, 28, 30 and 32. These are the most tested.

2. Prepare a citizens-only vs all-persons list and an amendment table. Direct questions come from both.

3. Link every amendment to its Article, and every article to its landmark case.

4. Read the latest Supreme Court judgments on privacy, reservation, free speech and EWS, since current-affairs-based statement questions are common in PCS papers.

5. Revise the writs table and the grounds of restriction under Art. 19 repeatedly.

Note: this guide is based on the Constitution as it stands up to my knowledge. Before the exam, check recent court rulings and amendments.