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Constitutional Position and Core Framework
- Fundamental Rights are contained in Part III of the Constitution, Articles 12-35.
- The framers drew inspiration from the Bill of Rights of the United States Constitution.
- Part III is often described as the Magna Carta of India because it contains an extensive set of justiciable rights.
- Fundamental Rights protect individual liberty, equality and dignity while limiting arbitrary exercise of State power.
- Fundamental Rights promote political democracy and the constitutional ideal of a government governed by law.
- Fundamental Rights are justiciable: courts can enforce them when violated.
- Originally, the Constitution recognised seven Fundamental Rights.
- The 44th Constitutional Amendment Act, 1978 removed the Right to Property from Part III.
- Right to Property now exists as a constitutional right under Article 300A, not as a Fundamental Right.
- India presently has six categories of Fundamental Rights.
| Category | Articles |
|---|---|
| Right to Equality | 14-18 |
| Right to Freedom | 19-22 |
| Right against Exploitation | 23-24 |
| Freedom of Religion | 25-28 |
| Cultural and Educational Rights | 29-30 |
| Constitutional Remedies | 32 |