Fundamental Rights and Fundamental Duties
Fundamental Rights and Fundamental Duties
This topic gives 2 questions and is the most heavily tested part of political science. The examiner works from the six rights, their article numbers and the writs, so a candidate who has fixed the numbering answers these without hesitation while others guess.
The Six Fundamental Rights
| Right | Articles |
|---|---|
| Right to Equality | 14 to 18 |
| Right to Freedom | 19 to 22 |
| Right against Exploitation | 23 and 24 |
| Right to Freedom of Religion | 25 to 28 |
| Cultural and Educational Rights | 29 and 30 |
| Right to Constitutional Remedies | 32 |
Fundamental Rights run from Article 12 to Article 35. The Right to Property was removed from the list by the 44th Amendment in 1978 and is now an ordinary legal right under Article 300A — the single most asked point in this topic.
Dr. Ambedkar called Article 32 the heart and soul of the Constitution, because a right without a remedy is of no use. Article 32 lets a citizen approach the Supreme Court directly when a Fundamental Right is violated.
✗ There are seven Fundamental Rights | ✓ There are six; the Right to Property was removed in 1978 by the 44th Amendment
Some Articles Worth Fixing
- Article 14 — equality before the law.
- Article 17 — abolition of untouchability.
- Article 19 — six freedoms, including speech and expression.
- Article 21 — protection of life and personal liberty.
- Article 21A — free and compulsory education for children aged 6 to 14, added by the 86th Amendment in 2002.
- Article 24 — no child below 14 in a factory, mine or hazardous work.
Article 21A is the article a teacher should know best, because the Right to Education Act of 2009 flows directly from it. A question linking the two is very likely in a teacher recruitment paper.
The Writs
| Writ | Literal meaning | Used for |
|---|---|---|
| Habeas Corpus | To have the body | Producing a detained person before the court |
| Mandamus | We command | Directing a public authority to do its duty |
| Prohibition | To forbid | Stopping a lower court exceeding its jurisdiction |
| Certiorari | To be certified | Transferring or quashing a lower court's order |
| Quo Warranto | By what authority | Questioning a person's claim to a public office |
Fundamental Duties
Fundamental Duties were not in the original Constitution. They were added by the 42nd Amendment in 1976 on the recommendation of the Swaran Singh Committee, as Article 51A in Part IVA. Originally ten, they became eleven when the 86th Amendment added the duty of a parent to provide education to a child aged 6 to 14.
Duties are not enforceable by a court, unlike rights. That contrast — rights justiciable, duties not — is the point most often examined.
मौलिक अधिकार 6 हैं, संपत्ति का अधिकार 1978 में हटा दिया गया।
TRE pointer: Learn the rights with their article ranges, not by name alone — the paper asks the number. Three facts repay memorising exactly: the Right to Property went in 1978, Article 21A came in 2002 and duties came in 1976 as Article 51A. As a teacher candidate, expect Article 21A and the RTE Act to appear together, and be ready to say that duties are not enforceable.
60-Second Recap
- Fundamental Rights run from Article 12 to 35 and now number six.
- The Right to Property was removed in 1978 and is now Article 300A.
- Article 32, the right to constitutional remedies, is the heart and soul of the Constitution.
- Article 21A gives free and compulsory education to children aged 6 to 14, added in 2002.
- Habeas Corpus produces a detained person; Quo Warranto questions a claim to office.
- Fundamental Duties came in 1976 as Article 51A and are not enforceable in court.
Frequently Asked Questions
How many Fundamental Rights does the Constitution now give?
Six. The Right to Property was the seventh until the Forty-fourth Amendment removed it from Part III in 1978, leaving it as an ordinary legal right under Article 300A. Older books still list seven, which is why this question is set so often.
Which article matters most to a teacher, and why?
Article 21A, which makes free and compulsory education a Fundamental Right for children aged six to fourteen. It was added by the Eighty-sixth Amendment in 2002, and the Right to Education Act of 2009 was enacted to give effect to it.
What is the difference between Fundamental Rights and Fundamental Duties?
Rights are enforceable: a citizen can move the Supreme Court under Article 32 or a High Court under Article 226 when one is violated. Duties, listed in Article 51A, are moral obligations and cannot be enforced by a court, though laws may give effect to some.
Which writ is used against unlawful detention?
Habeas Corpus, which literally means to have the body. The court directs that the detained person be produced before it, so it can examine whether the detention is lawful. It may be issued against both public authorities and private individuals.