Overview: Articles 12 to 35
Part III at a glance for CGPSC: definition of State (Art 12), Art 13, the six categories, citizen-only rights, emergency suspension and the 44th Amendment.
Prerequisites
- Preamble and Salient Features of the Constitution — Part III gives legal teeth to the Preamble’s promise of liberty, equality and justice.
- Constitutional Development (1773–1950) — the demand for a bill of rights grew out of the freedom struggle and the Constituent Assembly debates.
The Hook: Three People at Bhilai
Picture three people on the same afternoon in Bhilai: a steel-plant worker born in Durg, a contract labourer who has moved from another state, and a foreign engineer visiting on a project. A police officer stops all three. Can each of them claim the right to life under Article 21? Can each of them claim freedom of speech under Article 19? Can the foreign engineer stand for a job in the state government under Article 16?
The answers differ. Who holds a right, against whom, and when it can be suspended is what this page is about.
Why it matters: Prelims questions on Part III mostly turn on exact article numbers, on which rights belong only to citizens, and on emergency provisions. Mains GS-I questions ask you to evaluate the rights, their limits and how the courts have widened them.
Part III in One Look
Fundamental Rights (मौलिक अधिकार) are in Part III, Articles 12 to 35 of the Constitution. They are called “fundamental” because they are guaranteed by the Constitution itself and can be enforced in court. Part III is often described as the Magna Carta of India.
| Point | Detail |
|---|---|
| Location | Part III, Articles 12–35 |
| Main inspiration | Bill of Rights of the US Constitution |
| Constituent Assembly | Advisory Committee on Fundamental Rights, Minorities and Tribal and Excluded Areas, chaired by Sardar Vallabhbhai Patel; its Fundamental Rights Sub-committee was chaired by J.B. Kripalani |
| Number of categories | Originally seven; now six (Right to Property removed by the 44th Amendment, 1978) |
| Nature | Justiciable (enforceable in courts), but not absolute — the State can impose reasonable restrictions |
| Amendable? | Yes, by Parliament under Article 368, but not so as to destroy the basic structure (Kesavananda Bharati, 1973) |
Article 12: Who Is “the State” (राज्य)?
Most Fundamental Rights protect you against the State. So the first question is what counts as “the State”. Article 12 says the State includes:
- The Government and Parliament of India (the Union executive and legislature)
- The Government and Legislature of each State (for us, the Government of Chhattisgarh and the Chhattisgarh Vidhan Sabha)
- All local authorities — municipal corporations, panchayats, district boards and similar bodies
- Other authorities within the territory of India or under the control of the Government of India
The phrase “other authorities” has been read widely by the Supreme Court:
| Case | What it held |
|---|---|
| Ajay Hasia v. Khalid Mujib (1981) | A body that is an instrumentality or agency of the government — for example, a society or corporation funded and controlled by it — is “State” under Article 12 |
| Zee Telefilms v. Union of India (2005) | The BCCI is not “State” under Article 12 |
So statutory bodies (such as LIC or ONGC) and government-controlled public sector undertakings can be sued for violating Fundamental Rights. Purely private bodies cannot, except for the few rights that also bind private persons (see below).
Article 13: The Shield of Judicial Review (न्यायिक पुनरावलोकन)
Article 13 makes Part III supreme over ordinary law:
- 13(1): Laws in force before the Constitution are void to the extent they are inconsistent with Fundamental Rights.
- 13(2): The State shall not make any law that takes away or abridges these rights. Any such law is void to the extent of the contravention.
- 13(3): “Law” is defined broadly. It includes ordinances, orders, bye-laws, rules, regulations, notifications, and custom or usage having the force of law.
- 13(4): Added by the 24th Amendment (1971). It says Article 13 does not apply to a constitutional amendment made under Article 368.
- Golaknath (1967): The Supreme Court held that Parliament could not amend Fundamental Rights.
- 24th Amendment (1971): Parliament added Article 13(4) and changed Article 368 to restore its power to amend.
- Kesavananda Bharati (1973): The Court accepted that Parliament can amend Fundamental Rights, but not the basic structure of the Constitution.
This sequence is a favourite in both Prelims and Mains.
Two doctrines grow out of Article 13:
- Doctrine of severability: Only the offending part of a law is struck down. The rest survives if it can stand on its own.
- Doctrine of eclipse: A pre-Constitution law that conflicts with a Fundamental Right is not dead. It is only “eclipsed” (dormant), and it can revive if the conflict is removed by amendment.
The Six Categories
| # | Category | Hindi | Articles |
|---|---|---|---|
| 1 | Right to Equality | समता का अधिकार | 14–18 |
| 2 | Right to Freedom | स्वतंत्रता का अधिकार | 19–22 |
| 3 | Right against Exploitation | शोषण के विरुद्ध अधिकार | 23–24 |
| 4 | Right to Freedom of Religion | धार्मिक स्वतंत्रता का अधिकार | 25–28 |
| 5 | Cultural and Educational Rights | संस्कृति और शिक्षा संबंधी अधिकार | 29–30 |
| 6 | Right to Constitutional Remedies | संवैधानिक उपचारों का अधिकार | 32 |
Article 31 (Right to Property) was repealed in 1978. Articles 31A, 31B and 31C remain as exceptions that save certain laws. They are not rights.
The rest of Part III:
| Article | Content |
|---|---|
| 33 | Parliament may restrict or abrogate the Fundamental Rights of the armed forces, para-military forces, police, intelligence agencies and similar forces |
| 34 | Restrictions on Fundamental Rights while martial law is in force in any area |
| 35 | Only Parliament (not State Legislatures) can make laws on certain matters, such as residence requirements under 16(3) and punishments for offences under Articles 17 and 23 |
Citizens Only vs All Persons
| Available only to citizens | Available to all persons (citizens and foreigners) |
|---|---|
| 15 — no discrimination on grounds of religion, race, caste, sex, place of birth | 14 — equality before law and equal protection of laws |
| 16 — equality of opportunity in public employment | 20 — protection in respect of conviction for offences |
| 19 — the six freedoms (speech, assembly, association, movement, residence, profession) | 21 — life and personal liberty |
| 29 — protection of the language, script and culture of minorities | 21A — right to elementary education |
| 30 — right of minorities to establish and administer educational institutions | 22 — protection against arbitrary arrest and detention |
| 23, 24 — against exploitation | |
| 25–28 — freedom of religion |
Back to the hook: the foreign engineer can claim Article 21 but cannot claim Article 19 or Article 16. Note that an enemy alien does not get the safeguards against arrest in Article 22(1)–(2).
Against the State vs against private persons
Most rights limit the State. A few also bind private individuals:
- Art 15(2) — no citizen can be denied access to shops, public restaurants, hotels, places of public entertainment, wells, tanks, bathing ghats, roads and similar places
- Art 17 — abolition of untouchability
- Art 23 — ban on traffic in human beings and forced labour
- Art 24 — ban on child labour in factories, mines and hazardous employment
Suspension During Emergency (आपातकाल)
Fundamental Rights are curtailed during a National Emergency proclaimed under Article 352 through two separate articles. After the 44th Amendment (1978), a National Emergency can be proclaimed only on the grounds of war, external aggression or armed rebellion.
| Feature | Article 358 | Article 359 |
|---|---|---|
| What it affects | Article 19 only | The right to move courts to enforce the Fundamental Rights named in a Presidential order |
| How it operates | Automatically when the emergency is proclaimed | Only when the President issues an order |
| Grounds | Only an emergency on the ground of war or external aggression, not armed rebellion (after the 44th Amendment) | An emergency on any ground |
| Effect | Article 19 is suspended. The State may make laws or take executive action that conflicts with Article 19 | The rights still exist, but their enforcement is suspended for the period stated in the order |
| Limit after 44th Amendment | Protects only laws related to the emergency | Articles 20 and 21 can never be suspended |
Right to Property (संपत्ति का अधिकार): From Fundamental Right to Legal Right
| Before 1978 | After the 44th Amendment Act, 1978 |
|---|---|
| Art 19(1)(f) — the freedom to acquire, hold and dispose of property | Deleted |
| Art 31 — the State could compulsorily acquire property only with compensation | Repealed |
| — | Art 300A added in Part XII: “No person shall be deprived of his property save by authority of law” |
Consequences:
- Property is now a constitutional (legal) right, not a Fundamental Right.
- If it is violated, the remedy is a writ petition under Article 226 in a High Court or an ordinary suit. Article 32 is not available, because Article 32 only enforces Fundamental Rights.
- The State may acquire property by a valid law. Whether compensation must be paid depends on the statute, not on Part III.
- Exception: Article 30(1A), also added by the 44th Amendment, requires the State to fix an amount for acquiring the property of a minority educational institution that will not restrict or abrogate the right under Article 30.
Why it was done (Mains angle): Land reform laws after 1950 were repeatedly challenged under the property right. The First Amendment (1951) added Articles 31A and 31B and the Ninth Schedule to protect those laws. The 44th Amendment removed the source of the conflict altogether.
Analysis for Mains: Strengths and Criticisms
Significance
- They set limits on government power and keep democracy from turning into the tyranny of the majority.
- They protect minorities and weaker sections, for example through Articles 15(4), 16(4), 17, 29 and 30.
- They form the base of judicial review. Article 32 makes the Supreme Court the guardian of these rights.
- Through Article 21, courts have read in many new rights: privacy, livelihood, a clean environment, speedy trial and others.
Criticisms (state them in a balanced way)
- There are too many exceptions and restrictions. Critics said the Constitution gave rights with one hand and took them away with the other.
- Preventive detention (Article 22) sits inside a chapter meant to protect liberty.
- There is no explicit social and economic right such as work or social security. Those were left to the Directive Principles (DPSP).
- Rights can be suspended during an emergency, as the 1975–77 Emergency showed.
- Phrases such as “reasonable restrictions” and “public order” are vague, which leaves a lot to judicial interpretation.
Chhattisgarh angle: In Nandini Sundar v. State of Chhattisgarh (2011), the Supreme Court held that the State’s use of tribal youth as Special Police Officers in counter-insurgency operations (the Salwa Judum context) violated Articles 14 and 21. It is a strong example of Part III protecting citizens against the State’s own security policy.
Memory Tricks
Don’t Confuse
| This | vs | That |
|---|---|---|
| Art 358 — suspends Art 19 automatically; external emergency only | vs | Art 359 — suspends enforcement of the rights named in a Presidential order; never Arts 20 and 21 |
| Art 31 — Right to Property (repealed 1978) | vs | Arts 31A, 31B, 31C — still in force; they save certain laws from challenge |
| Art 19(1)(f) — property freedom (deleted) | vs | Art 300A — property as a legal right in Part XII |
| Art 13(2) — the State shall not make laws violating Fundamental Rights | vs | Art 13(4) — constitutional amendments are not “law” for Art 13 (24th Amendment, 1971) |
| Golaknath (1967) — Fundamental Rights cannot be amended | vs | Kesavananda (1973) — they can be amended, but not the basic structure |
Common Mistakes
- “Article 21 is available only to citizens.” False. Article 21 is available to all persons.
- “Right to Property was abolished.” Half true. It stopped being a Fundamental Right, but it is still a constitutional/legal right under Article 300A.
- “Article 358 applies in every emergency.” False. After 1978 it applies only to an emergency on the ground of war or external aggression.
- “Article 359 suspends the rights themselves.” Not quite. It suspends the right to move a court to enforce them.
- “There are seven Fundamental Rights.” That was the original number. It is six today.
- “Article 32 is in the Right to Freedom group.” False. It is a separate category, the Right to Constitutional Remedies.
Practice
All questions below are original practice questions written in CGPSC style. They are not previous-year questions.
Level 1: Foundation
- Fundamental Rights are contained in Part ______ of the Constitution, Articles ______ to ______.
- The Right to Property was removed from Part III by the ______ Amendment Act of ______ and placed in Article ______.
- Under Article 359, which two Fundamental Rights cannot be suspended after the 44th Amendment?
Answers
- Part III, Articles 12 to 35.
- 44th Amendment Act, 1978; Article 300A.
- Article 20 (protection in respect of conviction for offences) and Article 21 (life and personal liberty).
Level 2: Prelims MCQs
Q1. Which of the following Fundamental Rights are available only to citizens of India?
- Article 14
- Article 16
- Article 21
- Article 29
Select the correct answer using the code below:
- (a) 1 and 3 only
- (b) 2 and 4 only
- (c) 1, 2 and 4 only
- (d) 2, 3 and 4 only
Answer and explanation
Q2. Consider the following statements regarding the suspension of Fundamental Rights during a National Emergency:
- Article 358 suspends Article 19 automatically when an emergency is proclaimed on the ground of armed rebellion.
- Under Article 359, the President may suspend the right to move any court for the enforcement of Articles 20 and 21.
- Article 359 suspends the enforcement of rights, not the rights themselves.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 3 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer and explanation
Q3. Match List I (Article) with List II (Subject):
| List I | List II |
|---|---|
| A. Article 12 | 1. Power of Parliament to modify Fundamental Rights of the armed forces |
| B. Article 13 | 2. Definition of “the State” |
| C. Article 33 | 3. Laws inconsistent with Fundamental Rights to be void |
| D. Article 34 | 4. Restrictions while martial law is in force |
- (a) A-2, B-3, C-1, D-4
- (b) A-3, B-2, C-4, D-1
- (c) A-2, B-3, C-4, D-1
- (d) A-3, B-2, C-1, D-4
Answer and explanation
Q4. With reference to the 44th Constitutional Amendment Act, 1978, which of the following is not correct?
- (a) It deleted Article 19(1)(f) and repealed Article 31.
- (b) It inserted Article 300A in Part XII.
- (c) It made the Right to Property part of the basic structure of the Constitution.
- (d) It replaced “internal disturbance” with “armed rebellion” as a ground for National Emergency.
Answer and explanation
Q5. Under Article 13(3) of the Constitution, the term “law” includes which of the following?
- Ordinance
- Bye-law
- Custom or usage having the force of law
- Notification
- (a) 1 and 2 only
- (b) 1, 2 and 4 only
- (c) 2, 3 and 4 only
- (d) 1, 2, 3 and 4
Answer and explanation
Level 3: Mains Answer Writing
Q1. (60 words) Why was the Right to Property removed from the list of Fundamental Rights? What is its present status?
Model answer outline
- Intro: The original Constitution guaranteed property under Arts 19(1)(f) and 31.
- Why removed: Property claims repeatedly blocked land reform and redistribution laws, which led to the 1st Amendment (31A, 31B, Ninth Schedule) and more litigation. The 44th Amendment (1978) deleted 19(1)(f) and repealed Art 31.
- Present status: It is a constitutional/legal right under Art 300A (Part XII). It is enforceable through Art 226 or an ordinary suit, not Art 32.
- Conclusion: This balances individual property with social justice (DPSP Art 39(b), (c)).
Q2. (150–200 words) “Fundamental Rights are not absolute.” Discuss with reference to the limitations placed on them by the Constitution itself.
Model answer outline
- Intro: Part III balances individual liberty with social control. Rights are justiciable but qualified.
- Body:
- Reasonable restrictions on each Art 19 freedom (Arts 19(2)–(6)): public order, sovereignty and integrity of India, morality and similar grounds.
- Emergency: Art 358 suspends Art 19; under Art 359, enforcement of other rights may be suspended. After the 44th Amendment, Arts 20 and 21 cannot be suspended, a lesson from ADM Jabalpur (1976).
- Arts 33–34: Rights of the armed forces and police may be modified, and martial law can restrict rights.
- Saving clauses: Arts 31A, 31B (Ninth Schedule) and 31C protect certain laws from challenge.
- Amendability: Parliament can amend Part III under Art 368, but courts check this through the basic structure doctrine (Kesavananda, 1973).
- Preventive detention under Art 22.
- Chhattisgarh angle: Restrictions must still be reasonable. In Nandini Sundar (2011), the Supreme Court struck down the use of tribal SPOs in counter-insurgency in Chhattisgarh as violating Arts 14 and 21.
- Conclusion: The limits are themselves subject to judicial review. That makes Part III “qualified but guarded”, the right balance for a diverse democracy.
Quick Revision Table
| Fact | Detail |
|---|---|
| Part / Articles | Part III, Arts 12–35 |
| Inspiration | US Bill of Rights |
| CA committee chairs | Advisory Committee: Sardar Patel; FR Sub-committee: J.B. Kripalani |
| “State” defined in | Art 12 |
| Judicial review base | Art 13; 13(4) added by 24th Amendment (1971) |
| Categories | Originally 7, now 6 |
| Citizens only | Arts 15, 16, 19, 29, 30 |
| Bind private persons too | Arts 15(2), 17, 23, 24 |
| Art 358 | Suspends Art 19 automatically; war or external aggression only |
| Art 359 | Presidential order; Arts 20 and 21 never suspendable (44th Amendment) |
| Property | 44th Amendment 1978: 19(1)(f) deleted, Art 31 repealed, Art 300A added |
| Armed forces / martial law | Arts 33 / 34 |
| Only Parliament legislates | Art 35 |
Key Takeaways
- Part III (Arts 12–35) holds six categories of justiciable but qualified rights. Property left in 1978.
- “State” under Art 12 covers governments, legislatures, local authorities and “other authorities”, which courts read to include instrumentalities of the State.
- Art 13 is the base of judicial review. Since 1973, amendments are tested against the basic structure.
- Arts 15, 16, 19, 29, 30 are for citizens only. Everything else, including Art 21, extends to all persons.
- Art 358 suspends Art 19 only in an external emergency. Art 359 can never touch Arts 20 and 21.
What’s Next
- Right to Equality and Freedom (Articles 14–22) — the articles in detail, with landmark cases
- Constitutional Remedies and Writs — how these rights are enforced
- Directive Principles and Fundamental Duties — the other half of the rights–duties framework
- Judiciary — the courts that guard Part III