Fundamental Rights - Article 12 - 35

By : Neha Dhyani

Updated : Jun 15, 2022, 12:13

The Fundamental Rights of India that are exalted in Part III of the Indian Constitution denote the basic human rights that citizens have to live freely in a free country. Fundamental Rights are depicted in the Magna Carta of the Indian Constitution.

The Indian judicial system is responsible for ensuring that basic rights that are mentioned in articles 12 to 35 are upheld. Any citizen who believes their Fundamental Rights have been violated may file a complaint with the Supreme Court.

Latest Update regarding Fundamental Rights

The right to property was repealed as a fundamental right by the 44th Amendment Act of 1978.

The right to property has been made a legal right instead of a fundamental right under the legislation of Article 300-A in Part XII of the Constitution.

The Fundamental Rights Articles 12 to 35 aim to protect the human liberties of the Indians.

What are Fundamental Rights?

The Fundamental Rights Articles 12 to 35 ensure basic human rights to get rid of untouchability and to live freely.

The right to equality ensures that everyone has equal rights, regardless of religious beliefs, gender, caste and class, ethnicity, or birthplace. It guarantees equitable job opportunities as well.

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Six Fundamental Rights

The Fundamental Rights are six in number and they include -

  • the Right to Equality (Article 14-18)
  • the Right to Freedom (Article 19-22)
  • the Right against Exploitation (Article 23-24)
  • the Right to Freedom of Religion (Article 25-28)
  • Cultural and Educational Rights (Article 29-30)
  • the Right to Constitutional Remedies (Article 32)

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List of Fundamental Rights and Explanation

The right to freedom ensures a democratic environment for the citizens by guaranteeing freedom of speech, freedom of expression, freedom of assembly without arms, freedom of association, freedom to practise any profession, and freedom to reside in any part of the country. The right against exploitation specifies the prohibition of human trafficking or forced labour and child labour. The right to freedom of religion demonstrates the secular policy India follows to encourage its citizens to follow any kind of religion.

Cultural and Educational Rights enable the protection of the religious, cultural, and linguistic heritages of the people including the minorities. Educational rights aim to ensure that everyone has access to quality education, regardless of their background. The rights to constitutional remedies are applicable if the Fundamental Rights of any citizen are disregarded. The citizen can seek justice and go to the supreme court.

Fundamental Rights Article 12 to 35 guarantees the basic human rights of the common people of India. The right to property act was deleted from the Fundamental Rights as it was an impediment to pursuing the goal of a socialist culture without any social disparity in the country.

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FAQs on Fundamental Rights

Q1. Who crafted the Fundamental Rights Articles 12 to 35?

An 11-member committee presented a draught that resulted in a number of proposals, including citizen's Fundamental Rights. These proposals were pioneers in making Fundamental Rights Articles 12 to 35. The committee was founded in 1928 and was led by Mr Motilal Nehru.

Q2. Who has the authority to amend Fundamental Rights Articles 12 to 35?

The parliament has the authority to amend the Fundamental Rights Articles 12 to 35 through an amendment act only if the changes do not affect the fundamental structure of the constitution. However, the Fundamental Rights of citizens can be abrogated by the government during a period of nationwide emergency and crisis. Only articles 20 and 21 can not be changed under any circumstances.

Q3. How can the Fundamental Rights in articles 12 to 35 be protected?

The judiciary system of India is liable to protect the functionality of Fundamental Rights Articles 12 to 35. If any citizen faces a violation of their Fundamental Rights, they can come to the supreme court to claim justice. This law is described in article 32 of the Indian Constitution.

Q4. Why was the right to property dismissed from Fundamental Rights Articles 12 to 35?

The right to property was removed from Fundamental Rights Articles 12 to 35 in order to eliminate distinctions between the wealthy and the needy. The 44th Amendment Act of 1978 removed the right to property as a fundamental right.