Quick answer
Fundamental Rights are in Part III (Articles 12–35) of the Constitution. There are six: equality (14–18), freedom (19–22), against exploitation (23–24), freedom of religion (25–28), cultural and educational rights (29–30) and constitutional remedies (32). They are enforceable directly in the Supreme Court under Article 32. Parliament can amend them, but not the basic structure (Kesavananda Bharati, 1973). Articles 20 and 21 can never be suspended, even in an emergency.
Key takeaways
- Citizens only: Articles 15, 16, 19, 29 and 30. Everyone else gets 14, 20, 21, 22, 23, 24, 25–28.
- Also against private persons: 15(2), 17, 23 and 24.
- Article 19 is suspended automatically only in an emergency on grounds of war or external aggression (Article 358); others need a Presidential order (Article 359).
- Right to property left Part III in 1978 (44th Amendment). It is now Article 300A.
- UPSC has asked 27 Fundamental Rights questions since 1996, including writs (2022, 2024), privacy (2018, 2021, 2024) and Article 13 (2026).
What are the six Fundamental Rights?
| Right | Articles | What it covers |
|---|---|---|
| Right to Equality | 14–18 | Equality before law, no discrimination, equal opportunity in public jobs, abolition of untouchability (17) and titles (18) |
| Right to Freedom | 19–22 | Six freedoms of Article 19, protection in conviction (20), life and liberty (21), education (21A), arrest and detention (22) |
| Right against Exploitation | 23–24 | No trafficking or forced labour; no child below 14 in factories, mines or hazardous work |
| Right to Freedom of Religion | 25–28 | Conscience and religion (25), religious denominations (26), no tax for a religion (27), religious instruction (28) |
| Cultural and Educational Rights | 29–30 | Protecting language, script and culture (29); minorities’ right to run educational institutions (30) |
| Right to Constitutional Remedies | 32 | Direct approach to the Supreme Court; writs. Ambedkar called it the “heart and soul” of the Constitution |
Which rights are for citizens only?
Five: 15, 16, 19, 29 and 30. A foreigner in India still has equality before law (14), protection in conviction (20), life and personal liberty (21) and freedom of religion (25). Companies are “persons” under Article 14 but not “citizens”, so they cannot claim Article 19. A 1999 PYQ tested this: a British citizen in India can claim Articles 14, 21 and 25, but not 19(1)(g).
What happens to Fundamental Rights in an emergency?
| Provision | What it does |
|---|---|
| Article 358 | Article 19 is suspended automatically, but only when the emergency is declared on grounds of war or external aggression, not armed rebellion |
| Article 359 | The President can suspend the right to move courts for other rights by order |
| 44th Amendment, 1978 | Articles 20 and 21 can never be suspended |
What are the five writs?
| Writ | Meaning | Issued against |
|---|---|---|
| Habeas corpus | “Produce the body”: tests the legality of detention | State and private persons |
| Mandamus | “We command”: orders a public authority to do its legal duty | Public bodies, not a private person or the President or Governors |
| Prohibition | Stops a lower court or tribunal while a case is pending | Judicial and quasi-judicial bodies |
| Certiorari | Quashes an order already passed by a lower court or tribunal | Judicial, quasi-judicial and administrative bodies |
| Quo warranto | “By what authority”: tests a person’s claim to a public office | Holders of substantive public offices |
The High Courts can issue writs under Article 226 for Fundamental Rights and “for any other purpose”, so their writ power is wider than the Supreme Court’s under Article 32.
Which cases do you need for Prelims?
| Case | Year | Why it matters |
|---|---|---|
| Shankari Prasad | 1951 | Parliament can amend Fundamental Rights |
| Golaknath | 1967 | Parliament cannot take away Fundamental Rights (reversed later) |
| Kesavananda Bharati | 1973 | Any part can be amended, but not the basic structure |
| Maneka Gandhi | 1978 | Procedure under Article 21 must be fair, just and reasonable; 14, 19 and 21 read together |
| Indra Sawhney | 1992 | 50% ceiling on reservations; creamy layer excluded |
| K.S. Puttaswamy | 2017 | Privacy is a Fundamental Right under Article 21 (PYQ 2018, 2021, 2024) |
| Janhit Abhiyan | 2022 | 10% EWS reservation (103rd Amendment) upheld |
| Kaushal Kishor | 2023 | Rights under Articles 19 and 21 can in some cases be enforced against private persons |
| State of Punjab v. Davinder Singh | 2024 | States may sub-classify Scheduled Castes for reservation |
Which traps does UPSC set in this chapter?
- “All rights are suspended in an emergency.” No: 20 and 21 never are, and 19 only for war or external aggression.
- “Untouchability is under the Right against Exploitation.” No: Article 17 is under the Right to Equality (PYQ 2020).
- “Prohibition can quash a decision.” No: that is certiorari. Prohibition works only while a case is pending (PYQ 2024).
- “Customs are not law under Article 13.” They are: “custom or usage” having the force of law is included (PYQ 2026).
- “Ninth Schedule laws are fully immune.” Laws added after 24 April 1973 can be reviewed for the basic structure (I.R. Coelho, 2007; PYQ 2018).
Read the full chapter, with the exact text of each Article and all 27 UPSC PYQs, in our free Fundamental Rights notes.
Sources
Test yourself: 5 UPSC PYQs on Fundamental Rights
UPSC Prelims 2026: 'X' was addressing a seminar on the meaning of the term 'law' as provided under Article 13, Part III of the Constitution of India. 'X' explained that the meaning of the term 'law' in the Constitution of India was very comprehensive. It included ordinances, and even rules and regulations. 'Y' pointed out that the term 'law' in Article 13 also included custom or usage having in the territory of India the force of law, to which 'X' was not convinced. Based on the above, select the correct conclusion from the options given below:
- 'X' is correct in the interpretation of law, including the view on non-inclusion of custom.
- The view of 'Y' that 'law' included custom is not correct.
- The views of both 'X' and 'Y' are correct.
- The view of only 'Y' is correct.
Answer and explanation
Answer: (d) The view of only 'Y' is correct.. Article 13(3)(a) defines 'law' to include any ordinance, order, bye-law, rule, regulation, notification, and custom or usage having in the territory of India the force of law. Y is right. X was right about ordinances and rules but wrong to reject custom, so X's overall view is not correct.
UPSC Prelims 2024: A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:
- a government officer prohibiting him from taking a particular action.
- the Parliament/Legislative Assembly to pass a law on Prohibition.
- the lower court prohibiting the continuation of proceedings in a case.
- the Government prohibiting it from following an unconstitutional policy.
Answer and explanation
Answer: (c) the lower court prohibiting the continuation of proceedings in a case.. Prohibition goes to a lower court or tribunal to stop pending proceedings. Not to officers, legislatures or the government.
UPSC Prelims 2020: Which one of the following categories of Fundamental Rights incorporate protection against untouchability as a form of discrimination?
- Right against Exploitation
- Right to Freedom
- Right to Constitutional Remedies
- Right to Equality
Answer and explanation
Answer: (d) Right to Equality. Article 17 falls within the Right to Equality (14–18).
UPSC Prelims 2021: What is the position of the Right to Property in India?
- Legal right available to citizens only
- Legal right available to any person
- Fundamental Right available to citizens only
- Neither Fundamental Right nor legal right
Answer and explanation
Answer: (b) Legal right available to any person. The 44th Amendment (1978) removed it from Part III. It is now a constitutional/legal right under Article 300A, available to every person, not only citizens.
UPSC Prelims 2018: Consider the following statements:
1. The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
2. The validity of a law placed in the Ninth Schedule cannot be examined by any court and no judgement can be made on it.
Which of the statements given above is/are correct?- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer and explanation
Answer: (a) 1 only. S1 right. S2 wrong: after I.R. Coelho (2007), laws added after 24 April 1973 can be reviewed.
Frequently asked questions
How many Fundamental Rights are there in the Indian Constitution?
Six: Right to Equality (14–18), Right to Freedom (19–22), Right against Exploitation (23–24), Right to Freedom of Religion (25–28), Cultural and Educational Rights (29–30) and Right to Constitutional Remedies (32). The Right to Property was removed by the 44th Amendment in 1978.
Which Fundamental Rights are available only to citizens?
Articles 15, 16, 19, 29 and 30.
Which Fundamental Rights cannot be suspended during an emergency?
Articles 20 and 21, after the 44th Amendment, 1978.
Under which Article is the right to privacy protected?
Article 21, as held by the Supreme Court in K.S. Puttaswamy v. Union of India (2017).
Who called Article 32 the heart and soul of the Constitution?
Dr B.R. Ambedkar called the Right to Constitutional Remedies (Article 32) the "heart and soul" of the Constitution.
What is the difference between prohibition and certiorari?
Prohibition stops a lower court or tribunal while proceedings are pending. Certiorari quashes an order that has already been passed.