Fundamental Rights

Articles 12 to 35 and the writs that protect them.

Fundamental Rights are contained in Part III, Articles 12 to 35, and are enforceable in court. There are six: equality, freedom, against exploitation, freedom of religion, cultural and educational rights, and constitutional remedies.

Article 14 guarantees equality before law, Article 19 lists six freedoms including speech and expression, and Article 21 protects life and personal liberty - the article courts have read most expansively. Article 21A added the right to education.

Article 32 is the right to constitutional remedies, which Ambedkar called the heart and soul of the Constitution. The Supreme Court can issue five writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto.

Important points

  • Fundamental Rights: Part III, Articles 12-35.
  • Article 14 - equality before law; Article 21 - life and liberty.
  • Article 32 - right to constitutional remedies.
  • Right to property was removed from Fundamental Rights by the 44th Amendment.
  • Five writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto.

Examples

  1. Habeas corpus is issued to produce a detained person before the court.

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