Polity
Fundamental Rights
Fundamental Rights — Quick Revision
One-page CGPSC quick revision for Fundamental Rights: every article, amendment, case and writ in tables for last-minute Prelims and Mains revision.
Part III (Articles 12–35) on one page: articles, amendments, cases, emergency rules and writs. For explanations, go back to the chapter.
How to use this sheet
Scan it top to bottom in the week before Prelims. Bold entries are the facts examiners return to most often.
Article by Article
| Article | Content |
|---|---|
| 12 | Definition of “State”: Union and State governments and legislatures, local authorities, other authorities |
| 13 | Laws inconsistent with Fundamental Rights are void; 13(4) (24th Amendment, 1971) excludes constitutional amendments |
| 14 | Equality before law + equal protection of laws (all persons) |
| 15 | No discrimination on religion, race, caste, sex, place of birth (citizens) |
| 16 | Equality in public employment; adds descent and residence (citizens) |
| 17 | Abolition of untouchability |
| 18 | Abolition of titles (military and academic distinctions exempt) |
| 19 | Six freedoms (citizens); 19(1)(f) property deleted 1978 |
| 20 | Ex-post-facto criminal law, double jeopardy, self-incrimination |
| 21 | Life and personal liberty (all persons) |
| 21A | Free and compulsory education, 6–14 years (86th Amendment, 2002) |
| 22 | Arrest safeguards; preventive detention |
| 23 | Ban on traffic in human beings, begar and forced labour |
| 24 | No child below 14 in factories, mines or hazardous employment |
| 25 | Freedom of conscience; profess, practise and propagate religion |
| 26 | Freedom to manage religious affairs (religious denominations) |
| 27 | No tax for promoting a particular religion |
| 28 | No religious instruction in wholly State-funded institutions |
| 29 | Protection of the language, script and culture of minorities (citizens) |
| 30 | Minorities’ right to establish and administer educational institutions (citizens) |
| 31 | Right to Property: repealed (44th Amendment, 1978) |
| 31A / 31B / 31C | Saving of certain laws; 31B = Ninth Schedule (1st Amendment, 1951) |
| 32 | Right to Constitutional Remedies: the “heart and soul” |
| 33 | Parliament may modify Fundamental Rights of the armed forces, police and similar forces |
| 34 | Restrictions during martial law |
| 35 | Legislation to give effect to certain Fundamental Rights: Parliament only |
Amendments to Remember
| Amendment | Change |
|---|---|
| 1st (1951) | 15(4); 31A, 31B, Ninth Schedule; new restriction grounds in 19(2) |
| 24th (1971) | 13(4): Parliament can amend Fundamental Rights (after Golaknath, 1967) |
| 44th (1978) | Property removed (19(1)(f) deleted, Art 31 repealed, Art 300A added); Arts 20 and 21 non-suspendable under Art 359; Art 358 limited to war or external aggression; “armed rebellion” replaced “internal disturbance” |
| 77th (1995) | 16(4A): reservation in promotion for SCs and STs |
| 81st (2000) | 16(4B): carry-forward of unfilled reserved vacancies |
| 86th (2002) | Art 21A; Art 45 changed; Fundamental Duty 51A(k) |
| 93rd (2005) | 15(5): reservation in educational institutions, including private |
| 97th (2011) | “Co-operative societies” added in 19(1)(c) |
| 103rd (2019) | 15(6), 16(6): EWS reservation up to 10% |
Landmark Cases
| Case | Year | Point |
|---|---|---|
| A.K. Gopalan | 1950 | Narrow reading of Art 21 |
| Golaknath | 1967 | Fundamental Rights cannot be amended |
| Kesavananda Bharati | 1973 | Amendable, but not the basic structure |
| E.P. Royappa | 1974 | Arbitrariness violates Art 14 |
| ADM Jabalpur | 1976 | Art 21 enforcement suspended during Emergency (overruled 2017) |
| Maneka Gandhi | 1978 | Procedure under Art 21 must be fair, just and reasonable |
| Hussainara Khatoon | 1979 | Speedy trial; early landmark PIL |
| Ajay Hasia | 1981 | Instrumentality or agency of the government is “State” |
| S.P. Gupta | 1981 | Locus standi liberalised (PIL) |
| Olga Tellis | 1985 | Right to livelihood |
| Indra Sawhney | 1992 | 27% OBC; creamy layer; 50% ordinary ceiling; 9 judges |
| Unni Krishnan | 1993 | Education up to 14 under Art 21 |
| Balaji Raghavan | 1996 | National awards are not “titles” |
| L. Chandra Kumar | 1997 | Judicial review under 32 and 226 is basic structure |
| Vishaka | 1997 | Workplace sexual harassment guidelines |
| Zee Telefilms | 2005 | BCCI is not “State” |
| Selvi | 2010 | Involuntary narco tests violate 20(3) |
| Nandini Sundar v. State of Chhattisgarh | 2011 | Use of tribal SPOs in counter-insurgency violates Arts 14 and 21 |
| Shreya Singhal | 2015 | Section 66A of the IT Act struck down (19(1)(a)) |
| K.S. Puttaswamy | 2017 | Privacy is a Fundamental Right; 9 judges |
| Navtej Singh Johar | 2018 | Section 377 IPC read down |
| Janhit Abhiyan | 2022 | 103rd Amendment (EWS) upheld, 3:2 |
Emergency and Writs
| Item | Key fact |
|---|---|
| Art 358 | Suspends Art 19 automatically; war or external aggression only |
| Art 359 | Presidential order suspends enforcement; never Arts 20 and 21 |
| Habeas corpus | “Have the body”; lies against private persons too |
| Mandamus | “We command”; not against private persons, President or Governors |
| Prohibition | “To forbid”; pending proceedings; judicial and quasi-judicial bodies |
| Certiorari | “To be certified or informed”; quashes an order already passed |
| Quo warranto | “By what authority”; substantive public office; any interested person |
| Art 32 vs 226 | 32 is a Fundamental Right (stronger); 226 covers “any other purpose” (wider), discretionary |
| High Court of Chhattisgarh | Bilaspur; established 1 November 2000 |
Don’t Confuse
| This | vs | That |
|---|---|---|
| Citizens only: 15, 16, 19, 29, 30 | vs | All persons: 14, 20, 21, 21A, 22, 23–28 |
| Art 15: 5 grounds | vs | Art 16: 7 grounds (+ descent, residence) |
| Art 358: Art 19 only, automatic | vs | Art 359: Presidential order, Arts 20 and 21 safe |
| Art 31 (repealed) | vs | Arts 31A, 31B, 31C (in force) |
| Art 300A: property as a legal right | vs | Art 19(1)(f): deleted |
| Prohibition: pending case | vs | Certiorari: decided order |
| Art 32(3): other courts get writ power | vs | Art 139: Supreme Court gets writ power for other purposes |
| Art 21A (Fundamental Right, 6–14 years) | vs | Art 45 (DPSP, under 6 years) |
Favourite MCQ trap
“The Right to Property has been abolished.” Wrong. Since the 44th Amendment (1978), it is no longer a Fundamental Right, but it remains a constitutional/legal right under Article 300A. The remedy is Art 226 or a civil suit, not Art 32.
Second favourite trap
“After the 44th Amendment, preventive detention without an Advisory Board is limited to two months.” The amendment provides for this, but that provision has not been brought into force. The operative limit is still three months.
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