Basics of Fundamental Rights

📘 BASICS OF FUNDAMENTAL RIGHTS (Part III: Articles 12–35)

1️⃣ Constitutional Location

• Enshrined in Part III of the Constitution

• Covers Articles 12 to 35

• Inspired from the Bill of Rights of the United States

🔎 Why USA?

The American Constitution was the first to provide constitutionally enforceable rights against the State. Our framers adapted this idea but made it more elaborate.

2️⃣ Magna Carta of India

Part III is called the Magna Carta of India.

👉 The original Magna Carta (1215, England) limited the powers of the King.
Similarly, Fundamental Rights limit the powers of the State.

📌 Key Idea:
State is powerful — Rights protect the individual.

3️⃣ Nature of Fundamental Rights

✔ Justiciable

• Enforceable in court.

• Citizens can directly approach the Supreme Court under Article 32.

• Called the “heart and soul” of the Constitution by B. R. Ambedkar.

✔ Available to:

• Some rights → Only citizens (e.g., Article 19)

• Some rights → All persons (e.g., Article 14, 21)

✔ Objectives

They:

• Ensure equality

• Protect individual dignity

• Promote political democracy

• Prevent authoritarian rule

• Establish “Rule of Law”

• Create a government of laws, not of men

4️⃣ Why Are They Called ‘Fundamental’?

Because:

1. Guaranteed by the Constitution.

2. Essential for all-round development:

   • Material

   • Intellectual

   • Moral

   • Spiritual

5️⃣ Originally Seven Rights → Now Six

Originally (1950):

1. Right to Equality (Art 14–18)

2. Right to Freedom (Art 19–22)

3. Right against Exploitation (Art 23–24)

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

5. Cultural & Educational Rights (Art 29–30)

6. Right to Property (Art 31)

7. Right to Constitutional Remedies (Art 32)

6️⃣ Deletion of Right to Property

Removed by:
👉 44th Amendment Act

Now:

• Article 31 removed from Part III

• Added as Article 300A in Part XII

• It is now a legal right, not a fundamental right.