Fundamental Rights in constitution of india

Fundamental Rights and part III

Fundamental Rights - Amendments & Constitutional position

Fundamental Rights - amendments & constitutional position

Fundamental Rights in Indian constitution are enshrined in part III, in Articles - 12–35. They guarantee freedoms in civil life, to individuals or groups,  such that all citizens of India can work to convert their all round potential into development.

Fundamental Rights are defined as inalienable & basic human rights where every Indian citizen has the right to enjoy for a proper and harmonious development of personality and life.

The six fundamental rights are,

  1. Right to equality (Article 14–18)
  2. Right to freedom (Article 19–22)
  3. Right against exploitation (Article 23–24)
  4. Right to freedom of religion (Article 25–28)
  5. Cultural and educational rights (Article 29–30)
  6. Right to constitutional remedies (Article 32–35)


Origin of fundamental rights:

The Fundamental Rights have a long evolutionary history since their origin & different stages of evolution via different sources, including England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man.

Fundamental Rights literally mean those freedoms which are fundamental or essential for unfettered development of person & the community. The rights are fundamental because they are,

  1. Guaranteed under the Constitution of India.
  2. Are fundamental as they have been incorporated into the Fundamental Law of the Land and
  3. Are enforceable in a court of law.

But they are no way –

absolute or immune from Constitutional amendment.”


Fundamental rights, landmarks & Timeline

Important Points to remember:

  • The original Constitution of India had seven fundamental rights.
  • However, Right to Property was removed as a Fundamental Right through 44th Constitutional Amendment in 1978.
  • In 2009, Right to Education Act was added. Every child between the age of 6 to 14 years is entitled to free education. Rather than being a standalone fundamental right, it became part of right to under life under Art. 21A.

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