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Fundamental Rights, Property & DutiesWhat the Constitution Gives, Limits and Asks in Return

The six rights of Part III and their limits, how courts turned Article 21 into a charter of dignity, why property stopped being a Fundamental Right, and the eleven duties every citizen owes.

LocationArt 12–35Part III

Where the Fundamental Rights are enshrined.

Count6 RightsToday

Seven at the start; property was removed in 1978.

RemediesArt 32Heart & Soul

The right to enforce rights is itself a right.

Turning Point1978Maneka Gandhi

Article 21 widened to a fair, just procedure.

PropertyArt 300ARight to Property

Now a legal right, not a Fundamental Right.

Duties11 DutiesArticle 51A

Added in 1976; the 11th in 2002.

Part III · Articles 12–35

The Six Fundamental Rights

The Fundamental Rights are enshrined in Part III of the Constitution, from Article 12 to Article 35. The framers drew inspiration from the Constitution of the USA (its Bill of Rights). India’s Fundamental Rights are more elaborate than those of any other country in the world, including the USA.

Six citizens of different backgrounds standing under one large protective canopy shaped like a shield

A government of laws, not of men

They are guaranteed to all persons without any discrimination, and uphold the equality of all individuals, the dignity of the individual, the larger public interest and the unity of the nation.
They promote the ideal of political democracy. They prevent authoritarian and despotic rule and protect people’s liberties and freedoms against invasion by the State.
They act as limits on the tyranny of the executive and on arbitrary laws of the legislature — in short, they aim at ‘a government of laws and not of men’.

Why “fundamental”?

1They are guaranteed and protected by the Constitution, which is the fundamental law of the land.
2They are most essential for the all-round development — material, intellectual, moral and spiritual — of individuals.

Right to Equality

Art 14–18

Art 14Equality before law and equal protection of laws.
Art 15Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
Art 16Equality of opportunity in matters of public employment.
Art 17Abolition of untouchability and prohibition of its practice.
Art 18Abolition of titles, except military and academic ones.

Example: Reservations in jobs and education are allowed under Articles 15(4) and 16(4) as special provisions for backward classes.

Right to Freedom

Art 19–22

Art 19Protection of six freedoms:speech and expressionassemblyassociationmovementresidenceprofession
Art 20Protection in respect of conviction for offences.
Art 21Protection of life and personal liberty.
Art 21ARight to elementary education.
Art 22Protection against arrest and detention in certain cases.

Example: Article 21A (added by the 86th Amendment, 2002) is given effect by the Right to Education Act, 2009.

Right against Exploitation

Art 23–24

Art 23Prohibition of traffic in human beings and forced labour.
Art 24Prohibition of employment of children in factories, etc.

Example: Article 23 makes begar (forced, unpaid labour) and bonded labour unconstitutional.

Right to Freedom of Religion

Art 25–28

Art 25Freedom of conscience and free profession, practice and propagation of religion.
Art 26Freedom to manage religious affairs.
Art 27Freedom from payment of taxes for promotion of any religion.
Art 28Freedom from attending religious instruction or worship in certain educational institutions.

Cultural & Educational Rights

Art 29–30

Art 29Protection of the language, script and culture of minorities.
Art 30Right of minorities to establish and administer educational institutions.

Right to Constitutional Remedies

Art 32

Art 32Right to move the Supreme Court to enforce Fundamental Rights, including through five writs:habeas corpusmandamusprohibitioncertiorariquo warranto

Example: Habeas corpus (“produce the body”) lets a court order anyone holding a person to bring them before it and justify the detention.

How the rights work

Features of the Fundamental Rights

Who gets them, how far they go, when they can be limited or suspended, and how they are enforced.

An open constitution book on a desk with a set of brass balance weights and a judge's gavel beside it

For citizens, or for all persons

Some rights are available only to citizens; others are available to all persons — citizens, foreigners, and legal persons such as corporations or companies.
Example: Articles 15, 16, 19, 29 and 30 are for citizens only; Articles 14, 20, 21 and 25 cover every person.

Qualified, not absolute

The State can impose reasonable restrictions, but whether a restriction is reasonable is decided by the courts. So they balance the rights of the individual with those of society — individual liberty with social control.

Mostly against the State

Most are available against arbitrary action by the State; a few also apply against private individuals.
- If a right available only against the State is violated by a private individual, there are no constitutional remedies — only ordinary legal remedies.

Negative and positive

Some are negative — they limit the authority of the State. Others are positive — they confer certain privileges on persons.

Justiciable

Persons can move the courts to enforce them when they are violated.

Guaranteed by the Supreme Court

An aggrieved person can go directly to the Supreme Court — not necessarily by way of appeal against a High Court judgement.

Not sacrosanct or permanent

Parliament can curtail or repeal them, but only through a constitutional amendment act, not an ordinary law — and without affecting the ‘basic structure’ of the Constitution.

Suspended in a National Emergency

They can be suspended during a National Emergency, except the rights in Articles 20 and 21.
The six freedoms of Article 19 can be suspended only when the emergency is declared on grounds of war or external aggression (external emergency), not armed rebellion (internal emergency).

Limited by Articles 31A, 31B and 31C

Article 31A saves laws providing for acquisition of estates, etc.
Article 31B validates certain acts and regulations included in the Ninth Schedule.
Article 31C saves laws giving effect to certain Directive Principles.

Armed forces and martial law

Parliament can restrict or abrogate their application to members of the armed forces, para-military forces, police, intelligence agencies and similar services (Article 33).
Their application can be restricted while martial law is in force in any area (Article 34).

Self-executing, mostly

Most are directly enforceable (self-executory); a few need a law to give them effect. Such a law can be made only by Parliament, not state legislatures, so that the country stays uniform (Article 35).

Article 13

Article 13 declares that all laws inconsistent with, or in derogation of, any Fundamental Right shall be void. It also declares that a constitutional amendment is not a ‘law’ for this purpose, and so cannot be challenged.

Kesavananda Bharati · 1973

However, in the Kesavananda Bharati case (1973), the Supreme Court held that a constitutional amendment can be challenged if it violates a Fundamental Right that forms part of the ‘basic structure’ — and can then be declared void.

A critical evaluation

Given with One Hand, Taken with the Other?

Although India’s Fundamental Rights are more elaborate than any other country’s, critics say the Constitution grants them with one hand and takes them away with the other.

Two hands: one offering a glowing scroll of rights, the other holding a set of reins, set against a parchment background

Excessive limitations

They are subject to innumerable exceptions, restrictions, qualifications and explanations.
Jaspat Roy Kapoor even said the chapter should be renamed ‘Limitations on Fundamental Rights’ or ‘Fundamental Rights and Limitations Thereon’.
For example, the State can impose ‘reasonable’ restrictions on the six rights in Article 19, on the grounds listed in that Article.
Their scope is also limited by Article 31A (acquisition of estates), Article 31B (Ninth Schedule laws) and Article 31C (laws giving effect to certain Directive Principles).

Lacks clarity

They are stated in a vague, indefinite and ambiguous way. Phrases such as ‘public order’, ‘minorities’, ‘reasonable restriction’ and ‘public interest’ are not clearly defined.
The language is complicated and beyond the common man. It is said the Constitution was made by lawyers for lawyers — Sir Ivor Jennings called it a ‘paradise for lawyers’.

Not sacrosanct or permanent

Parliament can curtail or abolish them — for example, the Fundamental Right to property was abolished in 1978.
So they can become a play tool in the hands of politicians with majority support in Parliament. The judge-made ‘basic structure’ doctrine is the only limit on Parliament’s power to curtail or abolish them.

Suspension during Emergency

Suspending their enforcement during a National Emergency (except Articles 20 and 21) is another blot on their efficacy. It cuts at the roots of democracy by keeping the rights of millions of innocent people in continuous jeopardy.
Critics argue that Fundamental Rights should be enjoyable in all situations — Emergency or no Emergency.

Expensive remedy

The judiciary must defend these rights against the legislature and executive, but the judicial process is too expensive and keeps the common man from enforcing his rights in court.
So critics say the rights mainly benefit the rich.

Preventive detention

Critics say preventive detention (Article 22) takes away the spirit and substance of the chapter. It gives the State arbitrary powers and negates individual liberty.
It supports the charge that the Constitution deals more with the rights of the State against the individual than with the rights of the individual against the State.
No other democratic country has made preventive detention an integral part of its constitution as India has.

No consistent philosophy

Some critics say the chapter is not the product of any philosophical principle; Sir Ivor Jennings said India’s Fundamental Rights are based on no consistent philosophy.
This makes interpretation difficult for the Supreme Court and the High Courts.

No social and economic rights

The list is not comprehensive — it mainly has political rights and leaves out social and economic rights such as the right to social security, to work, to employment, and to rest and leisure.

Forces and martial law

Parliament can restrict or abrogate their application to the armed forces, para-military forces, police, intelligence agencies and similar services (Article 33).
They can be restricted while martial law is in force (Article 34). Martial law means ‘military rule’ imposed in abnormal circumstances to restore order; it is different from a National Emergency.

Article 32

Their significance is boosted by Article 32, which gives effective machinery to enforce them — the right to get Fundamental Rights protected is itself a Fundamental Right.

“An Article without which this constitution would be a nullity. It is the very soul of the Constitution and the very heart of it.”— Dr. B.R. Ambedkar on Article 32

Because of Part III, many scholars describe it as the Magna Carta of India.

The verdict

So we cannot say the Constitution takes Fundamental Rights away with the other hand. The restrictions on them are reasonable restrictions, on grounds such as:

sovereignty and integrity of Indiasecurity of the Statefriendly relations with foreign statespublic orderdecency or moralitycontempt of courtdefamationincitement to an offence

From survival to dignity

How Article 21 Expanded the Right to Life

Article 21 declares that no person shall be deprived of his life or personal liberty except according to procedure established by law. This right is available to both citizens and non-citizens.

A narrow doorway opening onto a wide, sunlit landscape of homes, clean rivers, schools and hospitals

1950Narrow interpretation

A.K. Gopalan case

Protection under Article 21 is available only against arbitrary executive action, not arbitrary legislative action.
So the State can take away life and personal liberty on the basis of a law. This is because Article 21 says ‘procedure established by law’, which differs from the ‘due process of law’ in the American Constitution.
Hence a law that lays down a procedure cannot be challenged on the ground that it is unreasonable, unfair or unjust.
‘Personal liberty’ means only liberty relating to the person or body of the individual.

1978Wide interpretation

Maneka Gandhi case

The Supreme Court overruled Gopalan. Life and personal liberty can be taken away by a law only if the procedure it prescribes is reasonable, fair and just.
In effect, it brought in the American idea of ‘due process of law’: Article 21 now protects against arbitrary legislative action as well as arbitrary executive action.
The ‘right to life’ is not merely animal existence or survival; it includes the right to live with human dignity and all aspects of life that make a person’s life meaningful, complete and worth living.
‘Personal liberty’ in Article 21 is of the widest amplitude and covers a variety of rights that make up a person’s liberties.

Rights read into Article 21

The Supreme Court has reaffirmed Maneka Gandhi in later cases and declared many rights to be part of Article 21, for example:

Right to livelihood

Example: Olga Tellis (1985) — pavement dwellers of Bombay.

Right to a decent environment

including pollution-free water and air, and protection against hazardous industries

Example: Subhash Kumar (1991) on pollution-free water and air; M.C. Mehta (1987) after the Oleum gas leak.

Right to privacy

Example: K.S. Puttaswamy (2017) — a nine-judge bench.

Right to free legal aid

Example: Hussainara Khatoon (1979) — undertrials in Bihar’s jails.

Right to health

Example: Paschim Banga Khet Mazdoor Samity (1996) — emergency medical care.

Right to fair trial

Right to information

…and many more

A critical evaluation

The Right to Property as It Exists Today

Originally, the right to property was one of the seven Fundamental Rights in Part III, dealt with by Article 19(1)(f) and Article 31.

A farmhouse and fields with a surveyor's chain, an old land deed and a fading property seal in the foreground

Art 19(1)(f)

Article 19(1)(f) guaranteed every citizen the right to acquire, hold and dispose of property.

Art 31

Article 31 guaranteed every person — citizen or non-citizen — the right against deprivation of property: no person shall be deprived of property except by authority of law.
It allowed the State to acquire or requisition a person’s property on two conditions: it must be for a public purpose, and it must provide for payment of compensation (an ‘amount’) to the owner.

The most controversial right

1st4th7th25th39th40th42ndAmendments

Since the Constitution began, the Fundamental Right to Property has been the most controversial right, causing confrontations between the Supreme Court and Parliament.
It led to many constitutional amendments — the 1st, 4th, 7th, 25th, 39th, 40th and 42nd.
Through these, Articles 31A, 31B and 31C were added and modified from time to time to nullify Supreme Court judgements and protect certain laws from challenge for violating Fundamental Rights.
Most litigation centred on the State’s obligation to pay compensation for acquiring or requisitioning private property.

The turning point

The 44th Amendment Act, 1978

Abolished the right to property as a Fundamental Right by repealing Article 19(1)(f) and Article 31 from Part III.
Inserted a new Article 300A in Part XII, under the heading ‘Right to Property’: no person shall be deprived of his property except by authority of law.
So the right to property remains a legal (constitutional) right, though no longer a Fundamental Right. It is not part of the basic structure of the Constitution.

Aspect

As a Fundamental Right

As a legal right (today)

Changing it

Could be curtailed only by a constitutional amendment.

Can be regulated — curtailed, abridged or modified — by an ordinary law of Parliament, without a constitutional amendment.

Protection

Against both executive and legislative action.

Protects private property against executive action, but not against legislative action.

Remedy

Could move the Supreme Court directly under Article 32.

Cannot move the Supreme Court directly under Article 32; must go to the High Court under Article 226.

Compensation

Acquisition required payment of compensation (amount).

No guaranteed right to compensation when the State acquires or requisitions private property.

Where compensation is still guaranteed

Even after the right was abolished, Part III still guarantees compensation in two cases of acquisition or requisition by the State:

Art 30

When the State acquires the property of a minority educational institution.

Added by the 44th Amendment (1978)

Art 31A

When the State acquires land held by a person under personal cultivation, within the statutory ceiling limit.

Added by the 17th Amendment (1964)

The three exceptions that remain

Articles 31A, 31B and 31C have also been kept as exceptions to the Fundamental Rights.

Art 31A

Added by the 1st Amendment; amended by the 4th, 17th, 42nd and 44th

Saves five categories of laws from challenge on the ground that they violate Article 14 or Article 19. They relate to agricultural land reforms, industry and commerce.

Art 31B

Added by the 1st Amendment, 1951

Saves acts and regulations placed in the Ninth Schedule from challenge for violating any Fundamental Right. Its scope is wider than Article 31A: it shields any Ninth Schedule law from all Fundamental Rights, whether or not the law falls in Article 31A’s five categories.

But in the I.R. Coelho case (2007), the Supreme Court ruled that there can be no blanket immunity from judicial review for laws in the Ninth Schedule.

Art 31C

Inserted by the 25th Amendment, 1971

Saves certain laws that give effect to certain Directive Principles.

Article 51A · Part IVA

The Fundamental Duties

The Fundamental Duties are inspired by the Constitution of the erstwhile USSR. They rest on the idea that citizens’ exercise of rights and freedoms is inseparable from performing their duties and obligations.

Citizens planting trees, cleaning a riverbank and saluting the national flag together in a village square

They were not in the original Constitution, as the framers did not think it necessary to include citizens’ duties.

Example: They are listed in Article 51A, in a new Part IVA of the Constitution.

How the duties were added

1
1976
Swaran Singh Committee
Recommended including Fundamental Duties; it suggested eight.
2
1976
42nd Amendment Act
Added ten Fundamental Duties to the Constitution.
3
2002
86th Amendment Act
Added the eleventh duty.

The duties, and the laws that back them

11 duties

To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem.

Backed by: Prevention of Insults to National Honour Act (1971) prevents disrespect to the Constitution, the National Flag and the National Anthem.

To cherish and follow the noble ideals that inspired the national struggle for freedom.

To uphold and protect the sovereignty, unity and integrity of India.

Backed by: Unlawful Activities (Prevention) Act (1967) provides for declaring a communal organisation an unlawful association.

To defend the country and render national service when called upon to do so.

To promote harmony and the spirit of common brotherhood among all people of India, transcending religious, linguistic and regional or sectional diversities, and to renounce practices derogatory to the dignity of women.

Backed by: Criminal laws punish promoting enmity between groups on grounds of language, race, place of birth, religion, etc.; the Protection of Civil Rights Act (1955) punishes offences related to caste and religion; the Representation of the People Act (1951) disqualifies MPs and MLAs for corrupt practices such as seeking votes on the ground of religion or promoting enmity on grounds of caste, race, language or religion.

To value and preserve the rich heritage of the country’s composite culture.

To protect and improve the natural environment, including forests, lakes, rivers and wildlife, and to have compassion for living creatures.

Backed by: Wildlife (Protection) Act (1972) prohibits trade in rare and endangered species; Forest (Conservation) Act (1980) checks indiscriminate deforestation and diversion of forest land for non-forest purposes.

To develop scientific temper, humanism and the spirit of inquiry and reform.

To safeguard public property and to abjure violence.

To strive towards excellence in all spheres of individual and collective activity, so that the nation constantly rises to higher levels of endeavour and achievement.

To provide opportunities for education to his child or ward between the ages of six and fourteen years.

Added by the 86th Amendment Act, 2002

Features of the duties

Some are moral duties and others are civic duties.
- Cherishing the noble ideals of the freedom struggle is a moral precept.
- Respecting the Constitution, the National Flag and the National Anthem is a civic duty.
They refer to values that have long been part of Indian tradition, mythology, religions and practices — essentially a codification of tasks integral to the Indian way of life.

Unlike Fundamental Rights, they apply only to citizens, not to foreigners.
Like the Directive Principles, they are non-justiciable.

They remind citizens that, while enjoying their rights, they must also be conscious of the duties they owe to their country, their society and their fellow citizens.
They warn against anti-national and anti-social activities such as burning the national flag or destroying public property.
They inspire citizens and promote a sense of discipline and commitment.

They create a feeling that citizens are not mere spectators but active participants in achieving national goals.
They help courts examine and decide the constitutional validity of a law.
- In 1992 the Supreme Court ruled that if a law seeks to give effect to a Fundamental Duty, a court may consider it ‘reasonable’ under Article 14 (equality before law) or Article 19 (six freedoms) and save it from being unconstitutional.
They are enforceable by law: Parliament can provide penalties or punishment for failing to fulfil any of them.

“The moral value of fundamental duties would be not to smother rights but to establish a democratic balance by making the people conscious of their duties equally as they are conscious of their rights.”— Indira Gandhi

In this way, the duties would help strengthen democracy.

“It is the very soul of the Constitution and the very heart of it.”

— Dr. B.R. Ambedkar, on Article 32

Curated for BPSC, UPSC & State PCS Civil Services Aspirants | Indian Polity Master Module

Explore More Beyond the Book Modules

Fundamental Rights, Property & DutiesWhat the Constitution Gives, Limits and Asks in Return

The Six Fundamental Rights

A government of laws, not of men

Right to Equality

Right to Freedom

Right against Exploitation

Right to Freedom of Religion

Cultural & Educational Rights

Right to Constitutional Remedies

Features of the Fundamental Rights

For citizens, or for all persons

Qualified, not absolute

Mostly against the State

Negative and positive

Justiciable

Guaranteed by the Supreme Court

Not sacrosanct or permanent

Suspended in a National Emergency

Limited by Articles 31A, 31B and 31C

Armed forces and martial law

Self-executing, mostly

Given with One Hand, Taken with the Other?

Excessive limitations

Lacks clarity

Not sacrosanct or permanent

Suspension during Emergency

Expensive remedy

Preventive detention

No consistent philosophy

No social and economic rights

Forces and martial law

How Article 21 Expanded the Right to Life

A.K. Gopalan case

Maneka Gandhi case

Rights read into Article 21

The Right to Property as It Exists Today

The most controversial right

The 44th Amendment Act, 1978

Where compensation is still guaranteed

The three exceptions that remain

The Fundamental Duties

How the duties were added

The duties, and the laws that back them

Features of the duties

BPSC Mains Previous Year Questions

Do you agree with the view that our Constitution has given Fundamental Rights by one hand and taken them back by another hand?

Discuss the Fundamental Rights as enshrined in the Indian Constitution. How have the judicial interpretations of Article 21 expanded the scope of the Right to Life?

Make a critical evaluation of the right to property as it exists today.

Describe the Fundamental Duties as enumerated in the Constitution of India.