Fundamental Rights in Indian Constitution Explained Simply (Articles 12 to 35)

 

🇮🇳 Fundamental Rights – Explained in a Simple Way

📘 What Are Fundamental Rights?

1. Fundamental Rights are the basic rights given to all Indians by the Constitution.

2. They help to protect people from unfair actions of the government.

3. These rights make sure that everyone is treated equally and freely.

4. They are written in the Part III of the Constitution (Articles 12 to 35).

5. These rights stop the government from becoming too powerful and protect democracy.

👉 In simple words, they are the "heart and soul" of our Constitution (as said by Dr. Ambedkar).

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📜 List of Fundamental Rights (Currently 6)

1. Right to Equality (Articles 14–18)

2. Right to Freedom (Articles 19–22)

3. Right Against Exploitation (Articles 23–24)

4. Right to Freedom of Religion (Articles 25–28)

5. Cultural and Educational Rights (Articles 29–30)

6. Right to Constitutional Remedies (Article 32)

🗑️ Earlier, there was also the Right to Property, but it was removed in 1978 by the 44th Amendment. Now it's only a legal right under Article 300A.

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🌟 Features of Fundamental Rights

1. Some rights are only for citizens (like voting), while some are for everyone (even foreigners).

2. They are not absolute – means government can put some reasonable restrictions.

3. Mostly protect us from the government, but few rights also protect us from other people.

4. They can be challenged in court if violated.

5. Supreme Court is the main protector of these rights (you can directly go to Supreme Court if your rights are denied).

6. They can be changed (amended) by Parliament, but not in a way that destroys the basic structure of the Constitution.

7. During emergency, some rights can be taken away—except Article 20 & 21.

8. For army, police, or intelligence agencies, Parliament can make special rules to limit these rights (Article 33).

9. During martial law, these rights can be limited in that area (Article 34).

10. Only Parliament can make laws to apply these rights properly (Article 35).

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🏛️ Article 12 – What is "State"?

1. State means not just Central and State Governments.

2. It also includes:

   • Parliament, Legislatures

   • Local bodies (Panchayats, Municipalities)

   • Government companies (like LIC, ONGC)

3. If any of these do something wrong against your rights, you can go to the court.

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⚖️ Article 13 – Judicial Review

1. If any law is against your Fundamental Rights, it is invalid.

2. This gives power to courts to cancel such laws.

3. Even customs or old traditions can be cancelled if they are against rights.

4. Supreme Court said in Kesavananda Bharati case (1973) that Parliament can’t change the basic structure of Constitution.

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⚖️ Right to Equality (Article 14 to 18)

1. Article 14 – Everyone is equal in front of law.

2. Article 15 – No discrimination based on religion, race, caste, sex, or place of birth.

3. Article 16 – Equal opportunity in government jobs.

4. Article 17 – Untouchability is banned. Practicing it is a crime.

5. Article 18 – No royal titles allowed. Only academic or military titles are okay.

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🕊️ Right to Freedom (Articles 19 to 22)

Article 19 – Six Basic Freedoms

1. Freedom of speech and expression

2. Freedom to assemble peacefully

3. Freedom to form groups/associations

4. Freedom to move anywhere in India

5. Freedom to live anywhere in India

6. Freedom to do any job or business

⚠️ Govt. can put restrictions for public order, morality, and national safety.

Article 20 – Rights of Accused

1. Can’t be punished for something which was not a crime earlier.

2. Can’t be punished twice for same crime.

3. Can’t be forced to give evidence against yourself.

Article 21 – Right to Life

• No one can take away your life or personal freedom without legal process.

Article 21A – Right to Education

• Children (6–14 yrs) must get free and compulsory education.

Article 22 – Arrest Rules

• Right to know why you're arrested.

• Right to meet lawyer.

• Must be shown to judge within 24 hours.

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🚫 Right Against Exploitation (Articles 23 to 24)

1. Article 23 – No human trafficking or forced labour.

2. Article 24 – No child (below 14) can work in factories or mines.

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🛐 Right to Freedom of Religion (Articles 25 to 28)

1. Article 25 – Freedom to follow any religion, pray, preach (but no forced conversion).

2. Article 26 – Religious groups can run their institutions.

3. Article 27 – Govt. can’t collect tax to support a religion.

4. Article 28 – No religious teaching in govt. schools.

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🧑‍🎓 Cultural and Educational Rights (Articles 29 to 30)

1. Article 29 – Groups with own language, script, or culture can protect it.

2. No discrimination in school admissions based on religion, caste, or language.

3. Article 30 – Minorities can run their own schools/colleges.

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⚖️ Right to Constitutional Remedies (Article 32)

1. You can directly go to Supreme Court if your rights are violated.

2. Supreme Court can issue writs to protect rights.

3. Parliament can allow other courts also to issue writs.

4. This article was called the “heart and soul” of the Constitution by Dr. Ambedkar.

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🔐 Other Important Articles

Article 33 – Armed Forces

• Parliament can limit rights of army, police, intelligence services, etc.

Article 34 – Martial Law

• During martial law (emergency in area), rights can be limited.

Article 35 – Power to Make Laws

• Only Parliament can make laws about Fundamental Rights.

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🌱 Nature of Fundamental Rights

1. They protect freedom and dignity.

2. They limit government’s power.

3. You can go to court if they are denied.

4. They are not fixed forever. Can be changed by Parliament.

5. They keep changing with time and society’s needs.

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✅ Why Fundamental Rights Are Important?

1. They make India a democracy, not a dictatorship.

2. They stop misuse of power by govt.

3. They protect the poor, minorities, and weak people.

4. They help in social justice and equality.

5. They support freedom, dignity, and respect for all.

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❌ Criticism of Fundamental Rights

1. Too many restrictions – Govt. can limit them in many ways.

2. No economic rights – Like food, job, shelter etc. not in this list.

3. Confusing language – Some terms like “reasonable”, “public order” not clearly defined.

4. Can be taken away – Parliament removed Right to Property in 1978.

5. Suspended during Emergency – Except Article 20 & 21.

6. Court process is costly – Poor people can’t always fight for their rights.

7. Preventive Detention (Article 22) – Govt. can arrest people without trial.

8. No common philosophy – According to some experts, they look like a mix of ideas, not one clear idea.

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❓ FAQ (Frequently Asked Questions)

Q. Why are they called Fundamental?
👉 Because they are basic and essential for human dignity and democracy.

Q. Why was Right to Property removed?
👉 It was removed in 1978 (44th Amendment) and made a legal right, not a Fundamental Right.

Q. Can courts protect these rights?
👉 Yes! You can go to court if any Fundamental Right is denied.

Q. Are all rights available to foreigners too?
👉 Some yes (like Article 21), but some are only for Indian citizens (like Article 19).