1. Introduction

The Fundamental Rights form the cornerstone of the Constitution of India, embodying the ideals of liberty, equality, and justice that the framers sought to secure for all citizens. Inspired by the Bill of Rights (USA) and the Declaration of the Rights of Man (France), these rights guarantee civil, political, and individual freedoms essential for the development of human personality and democracy.

Part III of the Constitution (Articles 12 to 35) enshrines these rights, ensuring that the State cannot act arbitrarily and that citizens are protected from the abuse of power. These rights are justiciable, meaning individuals can directly approach the Supreme Court under Article 32 and High Courts under Article 226 for their enforcement.

2. Origin, Purpose, and Significance of Fundamental Rights

2.1 Origin

The idea of guaranteeing certain fundamental rights to citizens traces its origin to:

• The Magna Carta (1215) of England, which limited the powers of the King.
• The American Bill of Rights (1791), ensuring liberty and freedom of speech.
• The French Declaration of the Rights of Man and the Citizen (1789).
• The Universal Declaration of Human Rights (1948), which also influenced the Indian framers.

In India, the demand for fundamental rights first appeared in the Commonwealth of India Bill (1925) and later in the Nehru Report (1928). The Constituent Assembly, led by Dr. B.R. Ambedkar, adopted these rights to ensure that India remains a democratic republic governed by rule of law.

2.2 Purpose

The primary purpose of Fundamental Rights is to:

• Ensure protection of individual freedoms against arbitrary state action.
• Promote equality and social justice.
• Facilitate political democracy by guaranteeing freedom of speech, association, and movement.
• Maintain a balance between individual liberty and social control.

2.3 Significance

Fundamental Rights hold constitutional supremacy, and any law contravening them is void under Article 13. They are essential for:

• Upholding rule of law.
• Promoting social transformation and inclusive growth.
• Protecting minority rights.
• Serving as a foundation for judicial review, which is a hallmark of constitutional governance.

3. Article 12 – Definition of State

3.1 Meaning

Article 12 defines the term “State” for the purpose of Part III (Fundamental Rights):

“The State includes the Government and Parliament of India, the Government and the Legislature of each State, and all local or other authorities within the territory of India or under the control of the Government of India.”

Thus, the definition covers:

1. Union and State Governments
2. Parliament and State Legislatures
3. Local Authorities – municipalities, panchayats, etc.
4. Other Authorities – bodies or agencies that perform public functions.

3.2 Concept of State Instrumentalities and Agencies

The Supreme Court has interpreted “State” expansively to include instrumentalities and agencies performing public functions or receiving substantial government control or funding.

Key Judgments

• R.D. Shetty v. International Airport Authority (AIR 1979 SC 1628)
  The Court held that if a corporation is an instrumentality or agency of the government, it falls within “State” under Article 12.
• Ajay Hasia v. Khalid Mujib (AIR 1981 SC 487)
  The Court laid down tests to determine if a body is a State instrumentality:
  1. Entire share capital held by the government.
  2. Deep and pervasive government control.
  3. Functions of public importance.
  4. Financial assistance from the State.
  5. Transfer of a government department to a corporation.
• Zee Telefilms v. Union of India (2005 4 SCC 649)
  The BCCI was held not to be a State, as it did not perform governmental functions or have deep State control.

4. Article 13 – Laws Inconsistent with Fundamental Rights

Article 13 ensures the supremacy of Fundamental Rights by invalidating laws that are inconsistent with or violate them.

4.1 Judicial Review

Judicial Review is the power of the judiciary to examine the constitutionality of legislative and executive actions. It is derived from Article 13(2), which states:

“The State shall not make any law which takes away or abridges the rights conferred by this Part…”

Key Case:
Kesavananda Bharati v. State of Kerala (AIR 1973 SC 1461) – Judicial review was held to be part of the Basic Structure of the Constitution.

4.2 Pre-Constitutional and Post-Constitutional Laws

• Pre-Constitutional Laws: Laws existing before January 26, 1950, inconsistent with Fundamental Rights, become void to the extent of inconsistency (Article 13(1)).
• Post-Constitutional Laws: Any law made after the Constitution came into force must conform to Fundamental Rights or it will be struck down as void (Article 13(2)).

4.3 Doctrines under Article 13

(a) Doctrine of Ultra Vires

If any law is beyond the powers granted by the Constitution or violates Fundamental Rights, it is ultra vires (beyond authority) and void.
Case: A.K. Gopalan v. State of Madras (1950 AIR 27).

(b) Doctrine of Eclipse

A pre-constitutional law inconsistent with Fundamental Rights is not nullified but remains in a “dormant state,” applicable to non-citizens until the inconsistency is removed.
Case: Bhikaji Narain Dhakras v. State of M.P. (AIR 1955 SC 781).

(c) Doctrine of Severability

If part of a law violates Fundamental Rights but the remaining part is valid, only the offending part is struck down.
Case: State of Bombay v. F.N. Balsara (AIR 1951 SC 318).

(d) Doctrine of Waiver

An individual cannot waive their Fundamental Rights as they are a matter of public policy.
Case: Basheshar Nath v. CIT (AIR 1959 SC 149) – Fundamental Rights cannot be waived.

5. Articles 14–18: Right to Equality

5.1 Article 14 – Equality before Law and Equal Protection of Laws

Article 14 embodies two principles:

1. Equality before law (British concept): No one is above the law.
2. Equal protection of laws (American concept): Similar treatment for similarly situated persons.

However, reasonable classification is permitted if:

• The classification is based on an intelligible differentia, and
• It has a rational nexus to the object sought to be achieved.

Case Law: State of West Bengal v. Anwar Ali Sarkar (AIR 1952 SC 75); E.P. Royappa v. State of Tamil Nadu (AIR 1974 SC 555) – equality is a dynamic concept.

5.2 Article 15 – Prohibition of Discrimination

Article 15 prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
However, the State can make special provisions for women, children, and socially and educationally backward classes (SEBCs).

Case Law: Indra Sawhney v. Union of India (AIR 1993 SC 477) – upheld reservations for OBCs.

5.3 Article 16 – Equality in Public Employment

Guarantees equality of opportunity in public employment and prohibits discrimination on the same grounds as Article 15.

Exception: Reservation in favor of SCs, STs, OBCs, and economically weaker sections.

Case: M. Nagaraj v. Union of India (2006 8 SCC 212) – upheld the validity of reservation in promotions.

5.4 Article 17 – Abolition of Untouchability

Untouchability is abolished and its practice in any form is an offence under the Protection of Civil Rights Act, 1955.

Case: State of Karnataka v. Appa Balu Ingale (1995 AIR SC 1126) – reaffirmed the constitutional prohibition against untouchability.

5.5 Article 18 – Abolition of Titles

Prohibits conferring titles except military or academic distinctions. This ensures equality of status and prevents creation of a privileged class.

6. Article 19 – Six Fundamental Freedoms

Article 19 guarantees six freedoms to citizens:

1. Freedom of speech and expression
2. Freedom to assemble peacefully
3. Freedom to form associations
4. Freedom to move freely throughout India
5. Freedom to reside anywhere in India
6. Freedom to practice any profession or trade.

Reasonable Restrictions

These freedoms are subject to restrictions in the interest of:

• Public order
• Morality
• Security of the State
• Friendly relations with foreign States
• Decency
• Contempt of court, defamation, and incitement to offence.

Case Laws:

• Romesh Thappar v. State of Madras (AIR 1950 SC 124) – freedom of speech is the foundation of democracy.
• Menaka Gandhi v. Union of India (1978) – freedom of movement cannot be curtailed arbitrarily.

7. Articles 20–22: Rights of the Accused and Preventive Detention

7.1 Article 20 – Protection in Respect of Conviction for Offences

Article 20 provides three protections:

1. No ex post facto law – No one can be punished for an act that was not an offence when committed.
2. No double jeopardy – A person cannot be prosecuted twice for the same offence.
3. No self-incrimination – An accused cannot be compelled to testify against themselves.

Case: Kartar Singh v. State of Punjab (1994) – reaffirmed protection against self-incrimination.

7.2 Article 21 – Right to Life and Personal Liberty

Perhaps the broadest and most judicially expanded article, Article 21 states:

“No person shall be deprived of his life or personal liberty except according to procedure established by law.”

The term “life” means something more than mere animal existence – it includes the right to live with dignity, privacy, health, clean environment, and education.

Landmark Judgments:

• Maneka Gandhi v. Union of India (AIR 1978 SC 597) – expanded “personal liberty” and introduced the concept of due process of law.
• Francis Coralie Mullin v. UT of Delhi (AIR 1981 SC 746) – life includes the right to live with human dignity.
• Puttaswamy v. Union of India (2017 10 SCC 1) – recognized Right to Privacy as part of Article 21.
• Subhash Kumar v. State of Bihar (1991 1 SCC 598) – Right to Pollution-free Environment.

7.3 Article 21A – Right to Education

Inserted by the 86th Amendment (2002), Article 21A makes education a fundamental right:

“The State shall provide free and compulsory education to all children of the age of six to fourteen years.”

Supporting Law: The Right of Children to Free and Compulsory Education Act, 2009.

Case: Society for Unaided Private Schools v. Union of India (2012 6 SCC 1) – upheld the constitutionality of the RTE Act.

7.4 Article 22 – Protection of Rights in Certain Cases

Article 22 provides procedural safeguards for arrest and preventive detention:

• Rights of a detained person:
  1. To be informed of the grounds of arrest.
  2. To consult and be represented by a legal practitioner.
  3. To be produced before a magistrate within 24 hours.
• Preventive detention laws (e.g., NSA, COFEPOSA) allow detention up to 12 months for reasons of state security and public order.

Case: A.K. Gopalan v. State of Madras (1950) – upheld preventive detention but later limited by Maneka Gandhi principles.

8. Conclusion

The Fundamental Rights enshrined in Part III of the Constitution represent the essence of Indian democracy. They balance individual liberty with social welfare, ensuring that neither is sacrificed for the other. Articles 12–21A reflect an evolution from negative rights (protection from State) to positive rights (obligation on the State).

Judicial interpretation, particularly through cases like Kesavananda Bharati, Maneka Gandhi, and Puttaswamy, has kept these rights dynamic and living, adapting them to the needs of a changing society.

The Fundamental Rights are not just legal provisions but the moral soul of the Constitution, ensuring that India remains a nation where justice, liberty, equality, and fraternity are not merely ideals, but lived realities.

1. Which Part of the Indian Constitution deals with Fundamental Rights?

a) Part II
b) Part III
c) Part IV
d) Part V

Answer: b) Part III
Explanation: Fundamental Rights are enshrined in Part III of the Constitution (Articles 12–35).

2. Article 12 defines the term ‘State’. Which of the following is NOT included?

a) Parliament of India
b) State Legislature
c) Private Company
d) Local Authorities

Answer: c) Private Company
Explanation: Article 12 includes Government and Parliament, State Legislatures, and local authorities, but not private entities unless they perform public functions.

3. The term “State” under Article 12 includes:

a) Judiciary only when it performs legislative functions
b) Judiciary in all circumstances
c) Judiciary only when it performs administrative or executive functions
d) None of the above

Answer: c) Judiciary only when it performs administrative or executive functions
Explanation: In Naresh Mirajkar v. State of Maharashtra (1966), the Supreme Court held that judiciary is included under Article 12 when it performs non-judicial functions.

4. Which Article provides for Judicial Review?

a) Article 13
b) Article 32
c) Article 226
d) All of the above

Answer: d) All of the above
Explanation: Judicial review is an essential feature of the Constitution and is provided under Articles 13, 32, and 226.

5. The Doctrine of Eclipse applies to:

a) Pre-Constitutional laws
b) Post-Constitutional laws
c) Both a and b
d) None

Answer: a) Pre-Constitutional laws
Explanation: The doctrine of eclipse applies to laws existing before the Constitution that are inconsistent with Fundamental Rights — they become dormant, not void (Bhikaji Narain Dhakras v. State of M.P., 1955).

6. The Doctrine of Severability is applied when:

a) The entire law is unconstitutional
b) Only part of a law is unconstitutional
c) Both are unconstitutional
d) None

Answer: b) Only part of a law is unconstitutional
Explanation: Under R.M.D.C. v. Union of India (1957), unconstitutional parts of a statute can be severed if the remaining law is valid.

7. The Doctrine of Waiver means:

a) A person can surrender his Fundamental Rights
b) Fundamental Rights cannot be waived
c) Only Parliament can waive Fundamental Rights
d) Only President can waive them

Answer: b) Fundamental Rights cannot be waived
Explanation: In Basheshar Nath v. I.T. Commissioner (1959), the Supreme Court held that Fundamental Rights cannot be waived.

8. Which Article guarantees the Right to Equality before the Law?

a) Article 14
b) Article 15
c) Article 16
d) Article 17

Answer: a) Article 14
Explanation: Article 14 ensures equality before the law and equal protection of laws within India.

9. The concept of “Equality before Law” is borrowed from:

a) United Kingdom
b) United States
c) France
d) Germany

Answer: a) United Kingdom
Explanation: Equality before law is a British concept of “Rule of Law.”

10. Equal protection of laws is taken from:

a) United States Constitution
b) French Constitution
c) Irish Constitution
d) Canadian Constitution

Answer: a) United States Constitution
Explanation: The phrase “equal protection of the laws” is derived from the U.S. Constitution (14th Amendment).

11. Article 15 prohibits discrimination on grounds of:

a) Religion, Race, Caste, Sex, Place of Birth
b) Religion, Language, Wealth, Gender, Place of Birth
c) Religion, Race, Color, Language, Caste
d) Religion, Gender, Education, Birth, Profession

Answer: a) Religion, Race, Caste, Sex, Place of Birth
Explanation: Article 15(1) prohibits discrimination on these five specific grounds.

12. Article 16 provides equality in:

a) Matters of education
b) Matters of employment
c) Matters of residence
d) Matters of taxation

Answer: b) Matters of employment
Explanation: Article 16 ensures equality of opportunity in matters of public employment.

13. Abolition of Untouchability is provided under:

a) Article 15
b) Article 16
c) Article 17
d) Article 18

Answer: c) Article 17
Explanation: Article 17 abolishes untouchability and forbids its practice in any form.

14. Abolition of titles is mentioned under:

a) Article 18
b) Article 17
c) Article 14
d) Article 16

Answer: a) Article 18
Explanation: Article 18 prohibits the State from conferring titles except military or academic distinctions.

15. Which Article guarantees the Right to Freedom of Speech and Expression?

a) Article 19(1)(a)
b) Article 19(1)(b)
c) Article 19(2)
d) Article 20

Answer: a) Article 19(1)(a)
Explanation: Freedom of speech and expression is guaranteed under Article 19(1)(a).

16. Freedom of Press is derived from:

a) Article 19(1)(a)
b) Article 21
c) Article 22
d) Article 25

Answer: a) Article 19(1)(a)
Explanation: Though not explicitly mentioned, freedom of the press is included under Article 19(1)(a).

17. Reasonable restrictions on Article 19 can be imposed under:

a) Article 19(2) to 19(6)
b) Article 21
c) Article 14
d) Article 20

Answer: a) Article 19(2) to 19(6)
Explanation: These clauses specify grounds for restricting freedoms in the interest of sovereignty, morality, etc.

18. Article 20(1) provides protection against:

a) Double jeopardy
b) Ex post facto laws
c) Self-incrimination
d) Illegal detention

Answer: b) Ex post facto laws
Explanation: Article 20(1) protects individuals from conviction under retroactive criminal laws.

19. Article 20(2) deals with:

a) Right to education
b) Double jeopardy
c) Ex post facto laws
d) Preventive detention

Answer: b) Double jeopardy
Explanation: It states that no person shall be prosecuted and punished for the same offence more than once.

20. Article 20(3) guarantees protection against:

a) Compulsory self-incrimination
b) Unreasonable searches
c) Preventive detention
d) Arbitrary arrest

Answer: a) Compulsory self-incrimination
Explanation: It protects an accused from being compelled to testify against himself (Nandini Satpathy v. P.L. Dani, 1978).

21. Article 21 guarantees:

a) Right to life and personal liberty
b) Right to education
c) Right to equality
d) Right to property

Answer: a) Right to life and personal liberty
Explanation: No person shall be deprived of life or personal liberty except according to procedure established by law.

22. The case of Maneka Gandhi v. Union of India (1978) expanded the scope of:

a) Article 19
b) Article 21
c) Article 22
d) Article 32

Answer: b) Article 21
Explanation: The Supreme Court held that “procedure established by law” must be fair, just, and reasonable.

23. Right to Education is guaranteed under:

a) Article 19
b) Article 21A
c) Article 20
d) Article 22

Answer: b) Article 21A
Explanation: Inserted by the 86th Amendment, Article 21A provides free and compulsory education for children aged 6–14 years.

24. Preventive Detention is covered under:

a) Article 20
b) Article 21
c) Article 22
d) Article 23

Answer: c) Article 22
Explanation: Article 22 allows preventive detention but imposes safeguards like a maximum detention period and advisory board review.

25. In which case was the Right to Privacy recognized as a Fundamental Right?

a) A.K. Gopalan v. State of Madras
b) Maneka Gandhi v. Union of India
c) K.S. Puttaswamy v. Union of India
d) Golaknath v. State of Punjab

Answer: c) K.S. Puttaswamy v. Union of India (2017)
Explanation: The Supreme Court held that the Right to Privacy is intrinsic to Article 21.

26. The Right to Education Act was enacted in:

a) 2002
b) 2005
c) 2009
d) 2010

Answer: c) 2009
Explanation: The RTE Act, 2009 operationalized Article 21A from 2010 onwards.

27. The expression “procedure established by law” under Article 21 was first interpreted in:

a) Maneka Gandhi case
b) A.K. Gopalan case
c) Golaknath case
d) Kesavananda Bharati case

Answer: b) A.K. Gopalan v. State of Madras (1950)
Explanation: The Court initially gave a narrow interpretation, later expanded in Maneka Gandhi.

28. The right to free legal aid is part of:

a) Article 19
b) Article 21
c) Article 32
d) Article 39

Answer: b) Article 21
Explanation: In Hussainara Khatoon v. State of Bihar (1979), free legal aid was recognized as a Fundamental Right under Article 21.

29. Which Article protects the rights of non-citizens as well as citizens?

a) Article 14
b) Article 15
c) Article 16
d) Article 19

Answer: a) Article 14
Explanation: Article 14 applies to both citizens and non-citizens residing in India.

30. Fundamental Rights can be suspended during an Emergency under:

a) Article 352
b) Article 358 and 359
c) Article 360
d) Article 365

Answer: b) Article 358 and 359
Explanation: Article 358 suspends Article 19 rights; Article 359 allows suspension of enforcement of other Fundamental Rights.