Complete detailed Notes on Fundamental Rights and Duties for BPSC and Other Competitive Exams in 2025
Indian Polity- 2
1. Fundamental Rights & Duties
Fundamental Rights (Articles 12 to 35)
- Enshrined in Part III of the Constitution.
- Inspired by the U.S. Bill of Rights.
- Enforceable by courts — justiciable in nature.
- Apply to citizens, and in some cases, non-citizens.
Article 12 – Definition of the State
- Includes:
- Government and Parliament of India.
- Government and Legislature of States.
- Local authorities (Panchayats, Municipalities).
- Statutory and government-controlled bodies.
Purpose: To identify entities against whom fundamental rights can be enforced.
Article 13 – Laws Inconsistent with Fundamental Rights
- Declares that any law violating fundamental rights shall be null and void.
- Doctrine of Judicial Review established.
- Introduces:
- Doctrine of Severability: Invalid only the unconstitutional part.
- Doctrine of Eclipse: Unconstitutional law not dead but dormant until rights are amended.
Types of Fundamental Rights
| Article Range | Fundamental Right | Key Provisions |
| 14–18 | Right to Equality | Equality before law (14), Prohibition of discrimination (15), Equality of opportunity (16), Abolition of untouchability (17), Abolition of titles (18). |
| 19–22 | Right to Freedom | Six freedoms (19), Protection in conviction (20), Protection of life and personal liberty (21), Right to education (21A), Protection against arrest (22). |
| 23–24 | Right against Exploitation | Prohibition of human trafficking and forced labour (23), Prohibition of child labour (24). |
| 25–28 | Right to Freedom of Religion | Freedom of conscience and religion (25), Manage religious affairs (26), Religious freedom in education (27-28). |
| 29–30 | Cultural and Educational Rights | Protection of minorities’ culture (29), Right of minorities to establish educational institutions (30). |
| 32 | Right to Constitutional Remedies | Right to move Supreme Court to enforce Fundamental Rights – “Heart and Soul of the Constitution” (Dr. Ambedkar). |
Article 31 (Right to Property): Deleted by 44th Amendment Act, 1978. Now a legal right under Article 300A.
2. Limitations and Enforcement of Fundamental Rights
Reasonable Restrictions
- Fundamental rights are not absolute.
- Reasonable restrictions can be imposed:
- In the interest of security, public order, morality, contempt of court, etc.
- Must be defined by law and justiciable by courts.
Suspension during Emergency
- During National Emergency (Article 352):
- Articles 14, 19, 21 can be restricted.
- Article 20 and 21 cannot be suspended (44th Amendment, 1978).
Writs for Enforcement (Article 32 & 226)
| Writ | Purpose |
| Habeas Corpus | “You may have the body”: Protection against unlawful detention. |
| Mandamus | “We command”: Direction to public authority to perform a duty. |
| Prohibition | Issued by higher court to lower court to stop exceeding jurisdiction. |
| Certiorari | To quash an order of a lower court or tribunal acting without jurisdiction. |
| Quo-Warranto | “By what authority”: Questions legality of a person holding a public office. |
Supreme Court – Article 32
High Court – Article 226 (can issue for other legal rights also)
3. Fundamental Duties (Article 51A)
Background
- Added by 42nd Constitutional Amendment Act, 1976 on recommendation of Swaran Singh Committee.
- Inspired by the USSR Constitution.
- Listed under Part IVA (Article 51A).
List of 11 Fundamental Duties:
- Abide by the Constitution and respect national symbols.
- Cherish and follow the noble ideals of the freedom struggle.
- Uphold and protect sovereignty, unity, and integrity of India.
- Defend the country and render national service when required.
- Promote harmony and common brotherhood.
- Preserve the rich heritage of our composite culture.
- Protect and improve the natural environment.
- Develop scientific temper, humanism and spirit of inquiry.
- Safeguard public property and abjure violence.
- Strive towards excellence in all spheres.
- (Added by 86th Amendment, 2002): Ensure education opportunities to children aged 6–14 years.
Note: These are non-justiciable, but a moral obligation. Courts may interpret laws in harmony with duties.
Quick Comparative Table: Fundamental Rights vs Duties
| Aspect | Fundamental Rights | Fundamental Duties |
| Part of Constitution | Part III (Articles 12–35) | Part IVA (Article 51A) |
| Enforceability | Justiciable | Non-justiciable |
| Nature | Negative obligations on the State | Positive moral obligations on citizens |
| Added by | Original Constitution (1950) | 42nd Amendment Act, 1976 |
Expected Questions (UPSC/BPSC)
- Which Fundamental Rights are available to both citizens and foreigners?
- Articles 14, 20, 21, 22, 25–28.
- Which right is called the “Heart and Soul of the Constitution”?
- Right to Constitutional Remedies (Article 32).
- Which Article defines the ‘State’ for the purpose of Fundamental Rights?
- Article 12.
- Name the writ issued against unlawful detention.
- Habeas Corpus.
- How many Fundamental Duties are there?
- 11 (initially 10, one added in 2002).
