Fundamental Rights

The story behind it

During the 1975 Emergency, an order under Article 359 suspended the right to move courts for Article 21. In ADM Jabalpur (1976) the Supreme Court held, 4:1, that a detained person could not even ask a court whether the detention was lawful. Justice H.R. Khanna dissented alone. He wrote that the right to life does not come from the Constitution and cannot be switched off with it.

The Janata government’s 44th Amendment turned that dissent into text. Articles 20 and 21 can now never be suspended. Article 358, which lifts Article 19 itself, was confined to Emergencies declared on war or external aggression, so not “armed rebellion”. Forty-one years later, the nine-judge bench in Puttaswamy (2017) formally overruled ADM Jabalpur.

How UPSC asks it

1. UPSC 2017 Which one of the following statements is correct?
   1. Rights are claims of the State against the citizens.
   2. Rights are privileges which are incorporated in the Constitution of a State.
   3. Rights are claims of the citizens against the State.
   4. Rights are privileges of a few citizens against the many.
   Show answer

   (c) Rights are claims of the citizens against the State. Rights are claims of citizens against the State; they limit State power.
2. UPSC 2011 Consider the following:
   1. Right to education
   2. Right to equal access to public service
   3. Right to food.
   Which of the above is/are Human Right/Human Rights under "Universal Declaration of Human Rights"?
   1. 1 only
   2. 1 and 2 only
   3. 3 only
   4. 1, 2 and 3
   Show answer

   (d) 1, 2 and 3. The UDHR covers education, equal access to public service, and an adequate standard of living including food.

The story behind clause (4)

Clause (4) was not in the original Constitution. In Golak Nath (1967) the Court held that a constitutional amendment is “law” under Article 13, so Parliament could not amend Fundamental Rights at all. Parliament replied with the 24th Amendment (1971), adding clause (4): amendments under Article 368 are not “law” for this purpose.

In Kesavananda Bharati (1973) the Court accepted clause (4) but added its own limit: no amendment may destroy the basic structure. So today a constitutional amendment is tested against the basic structure, while an ordinary law is tested against Part III itself.

How UPSC asks it

1. UPSC 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:
   1. 'X' is correct in the interpretation of law, including the view on non-inclusion of custom.
   2. The view of 'Y' that 'law' included custom is not correct.
   3. The views of both 'X' and 'Y' are correct.
   4. The view of only 'Y' is correct.
   Show 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.
2. UPSC 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. 1 only
   2. 2 only
   3. Both 1 and 2
   4. Neither 1 nor 2
   Show answer

   (a) 1 only. S1 right. S2 wrong: after I.R. Coelho (2007), laws added after 24 April 1973 can be reviewed.

The story behind it

The Constitution’s equality code has two faces. Article 14 is formal equality: treat everyone alike. Articles 15(4), 16(4) and their later siblings are substantive equality: treat unequals differently so they can become equal. For decades courts saw reservation as an exception to equality. Since N.M. Thomas (1976), and firmly after Indra Sawhney (1992), it is read as a facet of equality itself. That shift explains why a cap such as 50% is a judicial rule, not a constitutional one.

Each clause added after 1950 records a court–Parliament exchange. A judgment struck something down, an amendment restored it, and the next case tested the amendment. Reading the clauses by date, 1951 → 1995 → 2000 → 2001 → 2005 → 2019, is the quickest way to remember the history.

Newest step: in Davinder Singh (2024) seven judges held that Scheduled Castes are not one uniform group. States may sub-classify them to give the most backward a fairer share.

How UPSC asks it

1. UPSC 2021 A legislation which confers on the executive or administrative authority an unguided and uncontrolled discretionary power in the matter of application of law violates one of the following Articles of the Constitution of India?
   1. Article 14
   2. Article 28
   3. Article 32
   4. Article 44
   Show answer

   (a) Article 14. Arbitrariness is the opposite of equality; it violates Article 14. 28: religious instruction; 32: remedies; 44: Uniform Civil Code.
2. UPSC 2020 Which one of the following categories of Fundamental Rights incorporate protection against untouchability as a form of discrimination?
   1. Right against Exploitation
   2. Right to Freedom
   3. Right to Constitutional Remedies
   4. Right to Equality
   Show answer

   (d) Right to Equality. Article 17 falls within the Right to Equality (14–18).
3. UPSC 2017 One of the implications of equality in society is the absence of:
   1. Privileges
   2. Restraints
   3. Competition
   4. Ideology
   Show answer

   (a) Privileges. Equality means no special privileges. Restraints, competition and ideology can exist in an equal society.
4. UPSC 2004 Match List I (Articles) with List II (Provisions): A. Article 14 B. Article 15 C. Article 16 D. Article 17 —
   1. The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them.
   2. The State shall not deny to any person equality before the law or the equal protection of laws within the territory of India.
   3. 'Untouchability' is abolished and its practice in any form is forbidden.
   4. There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State.
   1. A-2, B-4, C-1, D-3
   2. A-3, B-1, C-4, D-2
   3. A-2, B-1, C-4, D-3
   4. A-3, B-4, C-1, D-2
   Show answer

   (c) A-2, B-1, C-4, D-3. 14: equality before law · 15: no discrimination · 16: public employment · 17: untouchability.
5. UPSC 2002 In the Indian Constitution, the Right to Equality is granted by five Articles. They are:
   1. Article 16 to Article 20
   2. Article 15 to Article 19
   3. Article 14 to Article 18
   4. Article 13 to Article 17
   Show answer

   (c) Article 14 to Article 18. Articles 14 to 18.

The story behind Article 21

The drafters chose “procedure established by law”, from the Japanese Constitution, deliberately over America’s “due process of law”. B.N. Rau had been warned by US Justice Felix Frankfurter that due process lets judges strike down economic laws. So in A.K. Gopalan (1950) the Court held that any procedure Parliament enacted was enough, however unfair.

After the Emergency, Maneka Gandhi (1978) reversed this. The procedure must be “just, fair and reasonable”, and Articles 14, 19 and 21 must be read together. From then on, Article 21 became the Court’s main tool for new rights, from livelihood (1985) to privacy (2017) to protection against climate change (2024). In Amar Jain (2025), inclusive digital access, including accessible digital KYC, was read into it.

How UPSC asks it

1. UPSC 2024 Under which of the following Articles of the Constitution of India has the Supreme Court of India placed the Right to Privacy?
   1. Article 15
   2. Article 16
   3. Article 19
   4. Article 21
   Show answer

   (d) Article 21. Puttaswamy (2017): privacy is part of Article 21 (and of Part III freedoms).
2. UPSC 2021 'Right to Privacy' is protected under which Article of the Constitution of India?
   1. Article 15
   2. Article 19
   3. Article 21
   4. Article 29
   Show answer

   (c) Article 21. Article 21 (Puttaswamy, 2017).
3. UPSC 2019 Which Article of the Constitution of India safeguards one's right to marry the person of one's choice?
   1. Article 19
   2. Article 21
   3. Article 25
   4. Article 29
   Show answer

   (b) Article 21. Shafin Jahan (2018): choice of partner is part of liberty under Article 21.
4. UPSC 2018 Consider the following statements:
   1. As per the Right to Education (RTE) Act, to be eligible for appointment as a teacher in a State, a person would be required to possess the minimum qualification laid down by the concerned State Council of Teacher Education.
   2. As per the RTE Act, for teaching primary classes, a candidate is required to pass a Teacher Eligibility Test conducted in accordance with the National Council of Teacher Education guidelines.
   3. In India, more than 90% of teacher education institutions are directly under the State Governments.
   Which of the statements given above is/are correct?
   1. 1 and 2
   2. 2 only
   3. 1 and 3
   4. 3 only
   Show answer

   (b) 2 only. S1 wrong: qualifications are laid down by the academic authority under the Centre (NCTE), not a State council. S2 right: TET per NCTE guidelines. S3 wrong: most teacher education institutions are private.
5. UPSC 2018 Right to Privacy is protected as an intrinsic part of Right to Life and Personal Liberty. Which of the following in the Constitution of India correctly and appropriately imply the above statement?
   1. Article 14 and the provisions under the 42nd Amendment to the Constitution
   2. Article 17 and the Directive Principles of State Policy in Part IV
   3. Article 21 and the freedoms guaranteed in Part III
   4. Article 24 and the provisions under the 44th Amendment to the Constitution
   Show answer

   (c) Article 21 and the freedoms guaranteed in Part III. Puttaswamy linked privacy to Article 21 and the freedoms in Part III. The others are unrelated.

The story behind it

These two Articles answered India’s oldest labour abuses: bonded labour, devadasi trafficking, and children in mines and match factories. Both are short because the drafters expected Parliament to fill in detail. It did: the Bonded Labour System (Abolition) Act, 1976, and the child labour laws of 1986, amended in 2016. Article 24’s age of fourteen lines up with Article 21A: until fourteen a child belongs in school, not at work.

How UPSC asks it

1. UPSC 2017 Which of the following are envisaged by the Right against Exploitation in the Constitution of India?
   1. Prohibition of traffic in human beings and forced labour
   2. Abolition of untouchability
   3. Protection of the interests of minorities
   4. Prohibition of employment of children in factories and mines
   1. 1, 2 and 4 only
   2. 2, 3 and 4 only
   3. 1 and 4 only
   4. 1, 2, 3 and 4
   Show answer

   (c) 1 and 4 only. Only Articles 23 and 24. Untouchability is Equality; minorities are Article 29.
2. UPSC 2010 With reference to the United Nations Convention on the Rights of the Child, consider the following:
   1. The Rights of Development
   2. The Right to Expression
   3. The Right to Recreation.
   Which of the above is/are the Rights of the child?
   1. 1 only
   2. 1 and 3
   3. 2 and 3
   4. 1, 2 and 3
   Show answer

   (d) 1, 2 and 3. The UN Child Rights Convention includes development, expression and recreation.
3. UPSC 2004 Which Article of the Constitution of India says, 'No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment'?
   1. Article 24
   2. Article 45
   3. Article 330
   4. Article 368
   Show answer

   (a) Article 24. Article 24. 45 is DPSP (early childhood); 330 is Lok Sabha reservation; 368 is amendment.

The story behind it

The Constituent Assembly rejected both a State religion and strict French-style separation. India’s secularism lets the State reform religion, by opening temples to Dalits under 25(2)(b), while protecting worship. Courts manage the tension with the essential religious practice test: only what is essential to a faith gets full protection. Critics say this lets judges decide theology. That is why the Sabarimala review (2019) referred the question to a larger bench, where it remains pending.

How UPSC asks it

1. UPSC 1996 No one can be compelled to sing the National Anthem since: 1. it will be violative of the Right to Freedom of Speech and Expression 2. it will be violative of the Right to the Freedom of Conscience and practise and propagation of religion 3. there is no legal provision obliging anyone to sing the National Anthem
   1. 1 and 3 are correct
   2. 2 and 3 are correct
   3. 1, 2 and 3 are correct
   4. none is correct
   Show answer

   (c) 1, 2 and 3 are correct. Bijoe Emmanuel (1986): forcing students to sing violated 19(1)(a) and 25, and no law required singing.

The story behind it

Article 30 was part of the settlement with minorities at Partition: the new State would not use schools to erase their identity. The hard question since then has been how far the State may regulate them. The courts’ answer: aided institutions can be regulated for standards and fair admissions, but not taken over. In AMU (November 2024), seven judges held that a university created by a statute can still be a minority institution if a minority community founded it. Who was the “brain” behind it is the test.

How UPSC asks it

1. UPSC 2011 In India, if a religious sect/community is given the status of a national minority, what special advantages is it entitled to?
   1. It can establish and administer exclusive educational institutions.
   2. The President of India automatically nominates a representative of the community to Lok Sabha.
   3. It can derive benefits from the Prime Minister's 15-Point Programme.
   1. 1 only
   2. 2 and 3 only
   3. 1 and 3 only
   4. 1, 2 and 3
   Show answer

   (c) 1 and 3 only. 1 right (Article 30). 2 wrong: no such nomination. 3 right: the PM’s 15-Point Programme is for minorities.
2. UPSC 2002 Match List I with List II: A. Article 16(2) B. Article 29(2) C. Article 30(1) D. Article 31(1) —
   1. No person shall be deprived of his property save by the authority of law.
   2. No person can be discriminated against in the matter of public appointment on the ground of race, religion or caste.
   3. All minorities whether based on religion or language shall have the right to establish and administer educational institutions of their choice.
   4. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on grounds of religion, race, caste, language or any of them.
   1. A-2, B-4, C-3, D-1
   2. A-3, B-1, C-2, D-4
   3. A-2, B-1, C-3, D-4
   4. A-3, B-4, C-2, D-1
   Show answer

   (a) A-2, B-4, C-3, D-1. 16(2) public appointment · 29(2) admission · 30(1) minority institutions · old 31(1) property.
3. UPSC 1999 The Constitution of India recognises:
   1. only religious minorities
   2. only linguistic minorities
   3. religious and linguistic minorities
   4. religious, linguistic and ethnic minorities
   Show answer

   (c) religious and linguistic minorities. Articles 29 and 30 recognise religious and linguistic minorities only; ethnic minorities are not mentioned.
4. UPSC 1996 Assertion (A): The word minority is not defined in the Constitution of India. Reason (R): The Minorities Commission is not a constitutional body. In the context of the above two statements, which one of the following is correct?
   1. Both A and R are true and R is the correct explanation of A
   2. Both A and R are true but R is not a correct explanation of A
   3. A is true but R is false
   4. A is false but R is true
   Show answer

   (b) Both A and R are true but R is not a correct explanation of A. Both were true in 1996: ‘minority’ is not defined, and the Minorities Commission was not a constitutional body (it became statutory in 1992). But one does not explain the other.

The story behind it

Ambedkar told the Constituent Assembly that Article 32 was the most important Article, “the very soul of the Constitution and the very heart of it”. A right without a remedy is only advice. Later the Court made the remedy wider than the drafters imagined. Through public interest litigation from the late 1970s, anyone acting in good faith could approach the Court for people who could not, even through a letter. Bonded labourers, undertrial prisoners and pavement dwellers reached the Court this way.

How UPSC asks it

1. UPSC 2024 A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:
   1. a government officer prohibiting him from taking a particular action.
   2. the Parliament/Legislative Assembly to pass a law on Prohibition.
   3. the lower court prohibiting the continuation of proceedings in a case.
   4. the Government prohibiting it from following an unconstitutional policy.
   Show 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.
2. UPSC 2022 With reference to the writs issued by the Courts in India, consider the following statements:
   1. Mandamus will not lie against a private organisation unless it is entrusted with a public duty.
   2. Mandamus will not lie against a Company even though it may be a Government Company.
   3. Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto.
   Which of the statements given above are correct?
   1. 1 and 2 only
   2. 2 and 3 only
   3. 1 and 3 only
   4. 1, 2 and 3
   Show answer

   (d) 1, 2 and 3. UPSC’s official key is (d), per the PW book’s note and PMF IAS. Statements 1 and 3 are clearly right. Statement 2 is debated: courts have issued mandamus to government companies doing public duties.
3. UPSC 2002 Which one of the following rights was described by Dr. B.R. Ambedkar as the heart and soul of the Constitution?
   1. Right to Freedom of Religion
   2. Right to Property
   3. Right to Equality
   4. Right to Constitutional Remedies
   Show answer

   (d) Right to Constitutional Remedies. Article 32, Right to Constitutional Remedies.

The story behind it

The drafters wanted some uniform national rules that States could not vary. Discipline in the forces, and punishment for untouchability and trafficking, should be the same everywhere. That is why Article 35 hands these powers to Parliament alone and keeps older laws alive until Parliament acts.

The rights that sit outside Part III tell a parallel story. The right to property was moved to Article 300A in 1978 because it had dominated three decades of litigation over land reform. The 1st Amendment’s Articles 31A and 31B, with the Ninth Schedule, were built to protect those reforms. In I.R. Coelho (2007) the Court held that even Ninth Schedule laws added after 24 April 1973, the day of Kesavananda, can be tested against the basic structure.

How UPSC asks it

1. UPSC 2021 What is the position of the Right to Property in India?
   1. Legal right available to citizens only
   2. Legal right available to any person
   3. Fundamental Right available to citizens only
   4. Neither Fundamental Right nor legal right
   Show 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.
2. UPSC 2005 Consider the following statements:
   1. Article 301 pertains to the Right to Property.
   2. Right to Property is a legal right but not a Fundamental Right.
   3. Article 300 A was inserted in the Constitution of India by the Congress Government at the Centre by the 44th Constitutional Amendment.
   Which of the statements given above is/are correct?
   1. 2 only
   2. 2 and 3
   3. 1 and 3
   4. 1, 2 and 3
   Show answer

   (a) 2 only. 1 wrong: 301 is trade. 2 right. 3 wrong: the 44th Amendment was passed under the Janata government.