Polity · X-Factor Notes
Fundamental Rights revision notes for UPPCS Prelims.
High-Yield Revision| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Constitutional Location | Enshrined in Part III of the Constitution, covering Articles 12 to 35. | U.P. Lower Sub. (Mains) 2015, UPPCS (Mains) 2013 |
| Source/Inspiration | The provisions were borrowed from the Constitution of the United States of America (USA), often compared to the US Bill of Rights. | U.P.R.O./A.R.O. (Pre) 2014, U.P. U.D.A./L.D.A. (Pre) 2010, UPPCS (Pre) 2021 |
| Historical Demand | First explicit demand in the "Constitution of India Bill, 1895". The Nehru Report (1928) advocated for their inclusion. Adopted by INC at the Karachi Session of 1931. | UPPCS (Mains) 2009 |
| Nature of Rights | They are justiciable (enforceable by courts) and are a guarantee against arbitrary Action of the State. Part III is regarded as the Magna Carta of India. | |
| Paramountcy | The main object of Article 13 is to secure the Paramountcy of the Constitution regarding Fundamental Rights. | UPPCS (Pre) 1999 |
| Basic Structure | Parliament has the power to amend Fundamental Rights, but not to destroy the Basic Structure of the Constitution. This doctrine was outlined in the Keshavananda Bharati Case (1973). | UPPCS (Pre) (Re. Exam) 2015, UPPCS (Pre) 2020 |
| Pledge to People | Dr. S. Radhakrishnan termed Fundamental Rights a "pledge to our people and a pact with the civilized world". | UPPCS (Pre) 2021 |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Article 13 | "Law" includes any Ordinance, order, bye-law, rule, regulation, notification, custom, or usage having force of law in India. | |
| Right to Equality (Art. 14-18) | Granted by five Articles: 14 to 18. | U.P. Lower Sub. (Pre) 2015, UPPCS (Pre) 2009, UPPCS RO-ARO 2023 Prelims Re-Exam |
| Article 14 |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Constitutional Remedies (Art. 32) | Article 32 is called the "Heart and Soul of the Constitution" by Dr. B.R. Ambedkar. It empowers the Supreme Court to issue writs for the enforcement of Fundamental Rights. | U.P. P.S.C. (GIC) 2010 |
| Writs (SC/HC Powers) | The Supreme Court (Art. 32) and High Courts (Art. 226) issue five types of writs. | UPPCS (Mains) 2006 |
| Scope of Writ Jurisdiction (SC vs. HC) |
| Concept | What to remember | Asked in UPPCS |
|---|---|---|
| Articles | Description | |
| Article 12 | Definition of State | |
| Article 13 | Laws inconsistent with Fundamental Rights | |
| Article 14 |
| UPPCS (Mains) 2015 |
| Article 16 | Equality of opportunity in matters of public employment. Also enables unequal treatment for creating a level playing field. Guarantees non-discrimination in state employment on grounds listed in Art. 16(2). | UPPCS (Pre) 2009, UPPCS RO-ARO 2023 Prelims Re-Exam |
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| Right to Freedom (Art. 19-22) | Described from Articles 19 to 22. | UPPCS RO-ARO 2023 Prelims Re-Exam |
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| Article 19 | Article 19 guarantees six rights to citizens, including freedom of speech and expression (Art 19(1)(A)). Article 19: Protection of Certain Rights Regarding Freedom Freedom of speech and expression Freedom to assemble peacefully without arms Freedom to form associations, unions, or cooperative societies Freedom to move freely throughout the territory of India Freedom to reside and settle in any part of the territory of India | UPPCS (Pre) 2007, UPPCS (Pre) (Re. Exam) 2015 |
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| Article 20 | Protection Against Retrospective Criminal Laws (Ex Post Facto Laws) Protection Against Double Jeopardy Protection Against Self-Incrimination |
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| Protection of Life & Liberty (Art. 21) | Article 21 protects life and personal liberty. The concept of Due Process of Law is considered included within Article 21. This includes Right to: Life with Human Dignity Privacy Livelihood Health and Medical Care Clean Environment Shelter Education Legal Aid Against Inhuman Treatment Speedy Trial | UPPCS (Mains) 2014, UPPCS (Pre) 1998 |
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| Right to Education (Art. 21-A) | Added by the 86th Constitutional Amendment Act, 2002. It mandates free and compulsory education for children aged 6 to 14 years. This right commenced on 1st April 2010. Is also a Human Right | UPPSC Pre-2022 |
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| Article 22 | Provides important safeguards to individuals against arbitrary arrest and detention by the state. No person can be detained for more than three months under preventive detention laws without the approval of an advisory board consisting of high court judges or qualified individuals |
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| Right Against Exploitation (Art. 23 & 24) | Article 23 prohibits human trafficking and forced labour. Article 24 directly relates to the exploitation of children, prohibiting the employment of children below 14 in factories, mines, or hazardous jobs. | U.P. P.C.S. (Mains) 2009, UPPCS (Mains) 2011, UPPCS (Pre) 2018, UPPSC Pre-2024 |
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| Cultural/Educational Rights (Art. 29 & 30) | Article 30 protects the Right of minorities to establish and administer educational institutions of their choice. | U.P. P.C.S. (Mains) 2017, UPPCS (Pre) 1997 |
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| Right to Property Status | Originally a Fundamental Right (Art. 31). It was deleted by the 44th Amendment Act, 1978. It is now a Legal Right under Article 300-A in Part XII. | UPPCS (Pre) 1996, UPPCS (Mains) 2015, UPPCS (Pre) 1992 |
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| UPPCS (Mains) 2002, UPPCS (Mains) 2017 |
| Guardian of Rights | The Judiciary (Supreme Court) is regarded as the guardian and defender of Fundamental Rights. | UPPCS (Pre) 1992, U.P. Lower Sub. (Pre) 2004 |
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| Judicial Review (Basic Structure) | The doctrine of Basic Structure was propounded by the Supreme Court in the Keshvananda Bharati vs. State of Kerala case (1973), which allowed Parliament to amend Fundamental Rights but not the basic structure. | UPPCS (Pre) (Re. Exam) 2015, UPPCS (Pre) 2005, UPPCS (Pre) 2016, UPPCS (Pre) 2020, UPPCS (Mains) 2012, UPPSC Pre-2022 |
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| Suspension during Emergency | Fundamental Rights can be suspended during Emergency. However, the rights guaranteed by Articles 20 (Protection in respect of conviction for offences) and 21 (Life and personal liberty) cannot be suspended. | U.P. Lower Sub. (Pre) 2002, UPPCS (Mains) 2008, UPPCS (Mains) 2009, UPPCS (Pre) 2015 |
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| Rights of Foreigners | Articles 14, 20, 21, 21-A, 23, 24, and 25-28 are available to both citizens and non-citizens. Right to Freedom of Expression (Art. 19) is available only to citizens. | UPPCS (Pre) 2007, UPPCS (Pre) (Re. Exam) 2015 |
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| Equal Pay for Equal Work | This concept, combined with the 'Socialist' word in the Preamble, was deduced by the Supreme Court as a fundamental right using Articles 14 and 16. It is explicitly listed as a Directive Principle (Art. 39(d)). | U.P.P.C.S (Pre) 2001, UPPCS (Mains) 2014 |
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| Chronological Judgments | The major judgments defining the scope of FRs chronologically are: A.K. Gopalan v/s State of Madras (1950); Shankari Prasad v/s Union of India (1951); Sajjan Singh v/s State of Rajasthan (1965); Golaknath v/s State of Punjab (1967); Keshvananda Bharati v/s State of Kerala (1973); Minerva Mills v/s Union of India (1980) | UPPSC Pre-2024 |
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| 25th Constitutional Amendment (1971) | Provided that no law passed to give effect to DPSP contained in Articles 39(b) & (c) shall be deemed void on the ground that it abridges the rights conferred by Articles 14 and 19 (and former Article 31). | UPPCS (Mains) 2009 |
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| UDHR (1948) Reflection | Principles and provisions of the Universal Declaration of Human Rights (1948) are reflected in the Preamble, Fundamental Rights, and Directive Principles of State Policy. |
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| Equality before the law |
| Article 15 | Prohibition of discrimination |
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| Article 16 | Equality of opportunity in public employment |
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| Article 17 | Abolition of untouchability |
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| Article 18 | Abolition of titles |
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| Article 19 | Protection of certain rights regarding freedom |
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| Article 20 | Protection in respect of conviction for offences |
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| Article 21 | Protection of life and personal liberty |
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| Article 21A | Right to education (6-14 years) |
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| Article 22 | Protection against arrest and detention |
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| Article 23 | Prohibition of trafficking and forced labour |
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| Article 24 | Prohibition of child labour |
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| Article 25 | Freedom of conscience and religion |
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| Article 26 | Freedom to manage religious affairs |
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| Article 27 | Freedom from tax for religion |
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| Article 28 | Freedom from attending religious instruction |
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| Article 29 | Protection of interests of minorities |
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| Article 30 | Right of minorities to establish educational institutions |
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| Article 31 | (Repealed) Right to property |
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| Article 32 | Right to constitutional remedies |
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| Article 33 | Power of Parliament to modify Fundamental Rights for armed forces, police, etc. |
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| Article 34 | Restriction of rights during martial law |
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| Article 35 | Legislation to give effect to Fundamental Rights |
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