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Fundamental Rights

Political Science / Civics

Useful for: UPSC Civil Services, OSSC RHT — Regular High School Teacher, OSEPA Upper Primary — Arts, OSSC Political Science, OSSSC Govt TGT Arts, SSB Lecturer (Degree Colleges), SSB TGT Arts

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Overview

Part III (Articles 12–35) lists justiciable rights; most are subject to reasonable restrictions and are enforced through Article 32.

Key points

  • Article 12 defines "State" broadly, including bodies under government control.
  • Article 13 makes laws inconsistent with Fundamental Rights void — the textual base of judicial review.
  • Article 19 freedoms are available only to citizens; Article 21 protects all persons.
  • Article 19 originally listed seven freedoms; the right to property (19(1)(f)) was removed by the 44th Amendment (1978).
  • Maneka Gandhi (1978) held that the procedure under Article 21 must be just, fair and reasonable.
  • The right to privacy was declared a Fundamental Right in K. S. Puttaswamy (2017).

Explanation

  • Article 20 bars ex post facto criminal laws, double jeopardy and self-incrimination.
  • Article 22 covers arrest and preventive detention safeguards.
  • Under Article 359, Articles 20 and 21 cannot be suspended even during an emergency (44th Amendment).
  • Article 33 lets Parliament restrict rights of the armed forces and police.
  • Article 15(6) and 16(6) (103rd Amendment, 2019) allow reservation for economically weaker sections.

Step by step

  1. Identify the concept, law or fact asked.
  2. Recall the definition, formula, example or year.
  3. Apply it and eliminate mismatched options.

Examples

  • Statement: "Article 19 freedoms are available to foreigners." → Incorrect (citizens only).
  • Statement: "Articles 20 and 21 can be suspended during a national emergency." → Incorrect.
  • Statement: "The right to privacy flows from Article 21." → Correct (Puttaswamy, 2017).

Traps and advanced points

  • Trap: Calling Fundamental Rights absolute.
  • Trap: Listing property as a Fundamental Right now.
  • Trap: Extending Article 19 to non-citizens.

Quick revision

  • Art 19 citizens; Art 21 all persons.
  • Maneka 1978; Puttaswamy 2017.
  • Arts 20, 21 never suspended.

Practice MCQs

  1. Fundamental Rights are given in which Part of the Constitution?

    1. Part II
    2. Part III
    3. Part IV
    4. Part V

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    Answer: (b) Part III. Part III (Articles 12–35); Directive Principles are in Part IV.

  2. The right to education is given in Article —

    1. 14
    2. 19
    3. 21A
    4. 32

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    Answer: (c) 21A. Article 21A, added by the 86th Amendment (2002).

  3. From the perspective of definition and scope, which one of the following statements about Fundamental Rights is correct?

    1. Articles 14 to 18 form the Right to Equality cluster.
    2. Every Fundamental Right is absolute and cannot be reasonably restricted by law.
    3. Fundamental Rights is unrelated to institutions, processes or real-world applications.
    4. Fundamental Rights has no exceptions or limitations in exam analysis.

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    Answer: (a) Articles 14 to 18 form the Right to Equality cluster.. Articles 14 to 18 form the Right to Equality cluster.

  4. Consider the following statements on Fundamental Rights, focusing on definition and scope: 1. Articles 14 to 18 form the Right to Equality cluster. 2. Every Fundamental Right is absolute and cannot be reasonably restricted by law. Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2

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    Answer: (a) 1 only. Statement 1 is correct; Statement 2 is a common misconception.

  5. With reference to Fundamental Rights (definition and scope), consider the following statements: 1. Article 32 itself is a Fundamental Right and empowers the Supreme Court to issue constitutional writs. 2. Article 19 freedoms are available to citizens, while Article 21 protects persons more generally. Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2

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    Answer: (c) Both 1 and 2. Both statements are correct.

  6. Consider the following statements on Fundamental Rights, focusing on institutional design: 1. Article 19 freedoms are available to citizens, while Article 21 protects persons more generally. 2. Every Fundamental Right is absolute and cannot be reasonably restricted by law. Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2

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    Show answer

    Answer: (a) 1 only. Statement 1 is correct; Statement 2 is a common misconception.

  7. With reference to Fundamental Rights (institutional design), consider the following statements: 1. Article 19 freedoms are available to citizens, while Article 21 protects persons more generally. 2. Articles 14 to 18 form the Right to Equality cluster. Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2

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    Answer: (c) Both 1 and 2. Both statements are correct.

  8. Consider the following statements on Fundamental Rights, focusing on practical application: 1. Article 32 itself is a Fundamental Right and empowers the Supreme Court to issue constitutional writs. 2. Every Fundamental Right is absolute and cannot be reasonably restricted by law. Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2

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    Show answer

    Answer: (a) 1 only. Statement 1 is correct; Statement 2 is a common misconception.

  9. With reference to Fundamental Rights (definition and scope), consider the following statements: 1. Article 19 freedoms are available to citizens, while Article 21 protects persons more generally. 2. Articles 14 to 18 form the Right to Equality cluster. Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2

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    Answer: (c) Both 1 and 2. Both statements are correct, so the answer is (C) Both 1 and 2. Statement 1 is correct. Statement 2 is correct.

  10. Consider the following statements on Fundamental Rights, focusing on working mechanism: 1. Every Fundamental Right is absolute and cannot be reasonably restricted by law. 2. Fundamental Rights are enforceable through constitutional remedies and are subject to constitutionally permitted restrictions. Which of the statements given above is/are correct?

    1. 1 only
    2. 2 only
    3. Both 1 and 2
    4. Neither 1 nor 2

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    Show answer

    Answer: (b) 2 only. Only statement 2 is correct, so the answer is (B) 2 only. Statement 2 is correct; Statement 1 is a common misconception.

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Notes and questions are written by Kundali IQ for practice. They are not official papers; always check the latest official notification for the syllabus and pattern.