Polity

Fundamental Rights

Fundamental Rights — CGPSC Polity notes for Prelims and Mains: Articles 12–35 overview, Right to equality and freedom, Writs and Article 32.

Chapter Overview

Fundamental Rights (मौलिक अधिकार) are in Part III (Articles 12–35) of the Constitution. They are the justiciable guarantees that limit the State and protect the individual. They underpin judicial review and appear every year in Polity questions, both as exact-detail Prelims MCQs and as analytical Mains questions on Article 21, reservation and writs.

What You’ll Learn

By the end of this chapter, you will be able to:

  • Define “the State” (Art 12) and explain how Art 13 makes Part III supreme over ordinary law
  • List the six categories and say which rights are for citizens only
  • Explain how Fundamental Rights are curtailed in an emergency (Arts 358, 359) and why Arts 20 and 21 cannot be suspended
  • Trace the Right to Property from Art 31 to Art 300A
  • Explain Arts 14–22 with the landmark cases that shaped them (Maneka Gandhi, Indra Sawhney, Puttaswamy)
  • Pick the right writ for a given situation and compare Art 32 with Art 226
  • Write balanced Mains answers on Article 21 and PIL, with a Chhattisgarh angle

Prerequisites


Learning Path

Follow the topics in this order:

graph TD
    A["1. Overview: Arts 12–35
State, Art 13, six categories,
emergency, property"] --> B["2. Equality and Freedom
Arts 14–22, reservation,
Art 21 cases"] B --> C["3. Constitutional Remedies
Art 32 vs 226, five writs, PIL"] C --> D["4. Quick Revision
One-page sheet"] D --> E["Next chapter:
DPSP and Fundamental Duties"]

Topics in This Chapter

#TopicWhat it covers
1Overview: Articles 12 to 35Art 12 “State”, Art 13 and judicial review, six categories, citizens vs all persons, Arts 358 and 359, Right to Property and the 44th Amendment
2Right to Equality and Freedom (Articles 14–22)Arts 14–18 and reservation (Indra Sawhney), Art 19 freedoms, Art 20, Art 21 from Gopalan to Puttaswamy, Art 21A, Art 22
3Constitutional Remedies and WritsArt 32 vs Art 226, the five writs and their limits, PIL, High Court of Chhattisgarh
—Quick RevisionEvery article, amendment, case and writ on one page

Where It Is Asked

PaperWhat to expect
Prelims P-I (Part 1, India GS)Fact-based MCQs: article numbers, citizens-only rights, amendment numbers and years, emergency provisions, “which writ” questions, landmark cases. Statement-based formats are common
Mains P-III (GS-I), Constitution sectionShort answers (e.g. “distinguish mandamus and certiorari”, “Art 32 vs 226”) and longer analytical answers (expansion of Art 21, reservation and equality, PIL, Fundamental Rights versus DPSP)
Exam focus
  • High-yield: citizens-only articles (15, 16, 19, 29, 30); Arts 358/359 after the 44th Amendment; Art 21 case law; the five writs and their “cannot be issued against” lists.
  • Common mistakes: saying the Right to Property was “abolished” (it moved to Art 300A); confusing prohibition with certiorari; thinking Art 21 is citizens-only.
  • Chhattisgarh angle for Mains: the High Court of Chhattisgarh at Bilaspur (Art 226); Nandini Sundar v. State of Chhattisgarh (2011); Art 19(5) protection for Scheduled Tribes in the state’s Fifth Schedule areas.

Quick Reference: Articles 12–35 at a Glance

Article(s)Category / subjectKey point
12Definition of StateIncludes “other authorities”, read to cover instrumentalities of the government
13Laws inconsistent with Fundamental RightsBasis of judicial review; 13(4) added by 24th Amendment (1971)
14–18Right to Equality14 equality; 15 non-discrimination; 16 public employment; 17 untouchability; 18 titles
19–22Right to Freedom19 six freedoms; 20 conviction safeguards; 21 life and liberty; 21A education; 22 arrest and detention
23–24Right against Exploitation23 trafficking and forced labour; 24 child labour below 14
25–28Freedom of Religion25 conscience; 26 religious affairs; 27 no religious tax; 28 religious instruction
29–30Cultural and Educational Rights29 language, script, culture; 30 minority educational institutions
31Right to PropertyRepealed by 44th Amendment (1978); now Art 300A
31A–31CSaving of certain laws31B with the Ninth Schedule (1st Amendment, 1951)
32Right to Constitutional RemediesWrits by the Supreme Court; “heart and soul” (Ambedkar)
33Armed forces and similar forcesParliament may restrict or abrogate their Fundamental Rights
34Martial lawRestrictions while martial law is in force
35LegislationOnly Parliament legislates on certain Part III matters

Related chapters: Directive Principles and Fundamental Duties · Judiciary · Social Legislation and Human Rights · Tribes of Chhattisgarh


Start Learning

Begin with the first topic:

→ Overview: Articles 12 to 35