Part III of the Constitution of India, Articles 12 to 35, guarantees six Fundamental Rights: the right to equality (Articles 14 to 18), the right to freedom (19 to 22), the right against exploitation (23 and 24), the right to freedom of religion (25 to 28), cultural and educational rights (29 and 30), and the right to constitutional remedies (Article 32). They are enforceable in court, and the Supreme Court and High Courts can issue writs to protect them.
Fundamental Rights are the basic rights the Constitution of India guarantees to people against the State. They sit in Part III of the Constitution, from Article 12 to Article 35, and B.R. Ambedkar called Article 32, the right to go to the Supreme Court to enforce them, the heart and soul of the Constitution. This guide explains each right in plain language, with the cases and amendments that shaped it.
The six Fundamental Rights at a glance
| Right | Articles | What it covers |
|---|---|---|
| Right to equality | 14 to 18 | Equality before law, no discrimination, equal opportunity in public jobs, abolition of untouchability and titles |
| Right to freedom | 19 to 22 | Six freedoms including speech, protection in criminal cases, life and personal liberty, right to education, safeguards on arrest |
| Right against exploitation | 23 and 24 | Ban on human trafficking, forced labour and hazardous child labour |
| Right to freedom of religion | 25 to 28 | Freedom of conscience and religion, managing religious affairs, no religious tax or instruction in state schools |
| Cultural and educational rights | 29 and 30 | Protection of language, script and culture, and minority rights to run educational institutions |
| Right to constitutional remedies | 32 | Right to approach the Supreme Court for enforcement through writs |
The original Constitution had seven Fundamental Rights. The right to property under Article 31 was removed by the 44th Amendment in 1978 and is now a legal right under Article 300A. It can still be protected in court, but not by directly approaching the Supreme Court under Article 32.
Article 12 and 13: who the rights apply against
Article 12 defines the State. It includes the Union and state governments, Parliament and state legislatures, and all local and other authorities under government control. Courts have held that bodies like public sector companies and statutory corporations can be the State when they are financially, functionally or administratively controlled by the government. Article 13 says any law that takes away or abridges Fundamental Rights is void to that extent. This is the basis of judicial review.
Right to equality (Articles 14 to 18)
- Article 14: equality before law and equal protection of laws. The State can classify people, but the classification must be reasonable and linked to the purpose of the law. In E.P. Royappa (1974) and Maneka Gandhi (1978) the Supreme Court held that arbitrariness itself violates Article 14.
- Article 15: no discrimination on grounds of religion, race, caste, sex or place of birth. The State can make special provisions for women and children, for socially and educationally backward classes, SCs and STs, and since the 103rd Amendment in 2019, for economically weaker sections.
- Article 16: equality of opportunity in public employment, with room for reservations. Indra Sawhney (1992) set the 50 percent ceiling on reservation, with exceptions only in extraordinary situations.
- Article 17: abolishes untouchability and makes its practice an offence.
- Article 18: abolishes titles, except military and academic distinctions. National awards like the Bharat Ratna are not titles and cannot be used as prefixes or suffixes.
Right to freedom (Articles 19 to 22)
Article 19 gives citizens six freedoms: speech and expression, assembling peacefully without arms, forming associations or unions, moving freely throughout India, residing and settling anywhere in India, and practising any profession, trade or business. Each freedom can be limited only by reasonable restrictions on grounds listed in the Constitution, such as the sovereignty and integrity of India, security of the State, public order, decency or morality, and defamation. Freedom of the press is part of freedom of speech.
Article 20 protects people accused of crimes. No one can be punished under a law that did not exist when the act was done, no one can be punished twice for the same offence, and no accused can be forced to be a witness against themselves.
Article 21 says no person shall be deprived of life or personal liberty except according to procedure established by law. After Maneka Gandhi, that procedure must be fair, just and reasonable. Courts have read many rights into Article 21, including the right to live with dignity, a clean environment, speedy trial, legal aid, livelihood and shelter, and in K.S. Puttaswamy (2017) the right to privacy.
Article 21A, added by the 86th Amendment in 2002, makes free and compulsory education a Fundamental Right for children aged 6 to 14. The Right of Children to Free and Compulsory Education Act, 2009 puts it into effect.
Article 22 gives safeguards on arrest: the right to be told the grounds of arrest, to consult a lawyer, and to be produced before a magistrate within 24 hours. It also sets limits on preventive detention.
Right against exploitation (Articles 23 and 24)
Article 23 bans trafficking in human beings, begar and other forced labour. Paying less than the minimum wage has been held by courts to be a form of forced labour. Article 24 bans employing children below 14 in factories, mines and other hazardous work.
Right to freedom of religion (Articles 25 to 28)
Article 25 gives every person freedom of conscience and the right to freely profess, practise and propagate religion, subject to public order, morality, health and the other Fundamental Rights. The State can still regulate secular activities connected with religion and carry out social reform. Article 26 lets religious denominations manage their own affairs. Article 27 says no one can be made to pay taxes to promote a particular religion. Article 28 bars religious instruction in institutions wholly funded by the State.
Courts use the essential religious practices test to decide what Article 25 protects. Practices found not to be essential to the religion can be regulated.
Cultural and educational rights (Articles 29 and 30)
Article 29 protects any section of citizens with a distinct language, script or culture and bars denial of admission to state-funded institutions on grounds of religion, race, caste or language. Article 30 lets religious and linguistic minorities establish and administer educational institutions of their choice. The State can regulate standards but cannot interfere with the minority character of these institutions.
Right to constitutional remedies (Article 32)
Article 32 lets anyone approach the Supreme Court directly when a Fundamental Right is violated. High Courts have a similar and wider power under Article 226. The courts can issue five kinds of writs:
- Habeas corpus: to produce a person who is detained, and release them if the detention is illegal.
- Mandamus: to order a public authority to perform a legal duty.
- Prohibition: to stop a lower court or tribunal from exceeding its jurisdiction.
- Certiorari: to quash an order already passed without jurisdiction or in violation of law.
- Quo warranto: to question a person’s right to hold a public office.
Through public interest litigation, the Supreme Court has allowed people and organisations to approach it on behalf of those who cannot do so themselves.
Articles 33 to 35
Article 33 lets Parliament restrict Fundamental Rights for the armed forces, police and intelligence agencies to maintain discipline. Article 34 allows restrictions while martial law is in force. Article 35 gives Parliament the power to make laws to give effect to certain Fundamental Rights.
Can Fundamental Rights be suspended or amended?
During a national emergency, Article 19 freedoms are suspended automatically when the emergency is declared on the ground of war or external aggression, and the President can suspend enforcement of other rights. After the 44th Amendment, Articles 20 and 21 cannot be suspended even during an emergency.
Parliament can amend Fundamental Rights, but in Kesavananda Bharati (1973) the Supreme Court held that amendments cannot destroy the basic structure of the Constitution. Many parts of Part III, such as equality and judicial review, are considered part of that basic structure.
Fundamental Rights and Directive Principles
Fundamental Rights are enforceable in court and mostly limit what the State can do. The Directive Principles of State Policy in Part IV are not enforceable in court but tell the State what it should work towards. In Minerva Mills (1980) the Supreme Court said the Constitution rests on a balance between the two. Read our explainer on Directive Principles of State Policy for more.
Sources
- Constitution of India, Part III, as amended (Legislative Department, Ministry of Law and Justice, legislative.gov.in)
- Kesavananda Bharati v. State of Kerala (1973); Maneka Gandhi v. Union of India (1978); Minerva Mills v. Union of India (1980); Indra Sawhney v. Union of India (1992); K.S. Puttaswamy v. Union of India (2017)
Last updated: 23 September 2026.
Frequently asked questions
How many Fundamental Rights are there in India?
There are six: the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
Why is the right to property not a Fundamental Right?
The 44th Amendment of 1978 removed it from Part III. It is now a constitutional legal right under Article 300A, which says no person shall be deprived of property except by authority of law.
Which Fundamental Rights are available only to citizens?
Articles 15, 16, 19, 29 and 30 are available only to citizens. Rights such as equality before law (Article 14) and life and personal liberty (Article 21) are available to all persons, including foreigners.
Which article is called the heart and soul of the Constitution?
Article 32, the right to constitutional remedies. B.R. Ambedkar described it this way because it lets people go directly to the Supreme Court to enforce their Fundamental Rights.
Is the right to privacy a Fundamental Right?
Yes. In K.S. Puttaswamy v. Union of India (2017), a nine-judge bench of the Supreme Court held that privacy is protected as part of the right to life and personal liberty under Article 21 and other rights in Part III.