Part III of the Constitution of India, spanning Articles 12 through 35, enshrines the fundamental rights that form the bedrock of Indian democracy. These rights are justiciable, meaning that any citizen whose fundamental rights are violated can approach the Supreme Court directly under Article 32 or the High Court under Article 226 for their enforcement. Dr. B.R. Ambedkar, the principal architect of the Constitution, described the Right to Constitutional Remedies under Article 32 as the "heart and soul of the Constitution" because without an effective enforcement mechanism, rights would remain mere declarations on paper. Over seven decades of constitutional jurisprudence, the Supreme Court has expanded, interpreted, and fortified these rights through a series of landmark judgments that have shaped the very fabric of Indian governance.
1. Right to Equality (Articles 14 to 18): Article 14 guarantees equality before the law and equal protection of the laws within the territory of India. This is not a guarantee of absolute equality but of equality among equals — the State may classify persons for the purpose of legislation provided the classification has a reasonable nexus with the object sought to be achieved. In the landmark case of E.P. Royappa v. State of Tamil Nadu (1974), Justice P.N. Bhagwati introduced the concept that equality is antithetical to arbitrariness, establishing that any State action that is arbitrary is necessarily violative of Article 14. Article 15 prohibits discrimination on grounds only of religion, race, caste, sex, or place of birth. Importantly, Article 15(3) allows the State to make special provisions for women and children, and Article 15(4) and 15(5), inserted by the 1st and 93rd Constitutional Amendments respectively, enable reservations for socially and educationally backward classes and Scheduled Castes and Scheduled Tribes in educational institutions. Article 16 guarantees equality of opportunity in public employment. Article 17 abolishes untouchability — its practice in any form is a punishable offence under the Protection of Civil Rights Act, 1955, and the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Article 18 prohibits the State from conferring titles other than military or academic distinctions.
2. Right to Freedom (Articles 19 to 22): Article 19(1) confers six freedoms upon all citizens: (a) freedom of speech and expression, (b) freedom to assemble peaceably without arms, (c) freedom to form associations or unions, (d) freedom to move freely throughout India, (e) freedom to reside and settle in any part of India, and (f) freedom to practise any profession, occupation, trade, or business. Each of these freedoms is subject to reasonable restrictions under Article 19(2) through 19(6), which the State may impose in the interests of sovereignty, security, public order, decency, morality, or other specified grounds. The Supreme Court in Shreya Singhal v. Union of India (2015) struck down Section 66A of the Information Technology Act for violating Article 19(1)(a), holding that vague and overbroad restrictions on online speech cannot survive constitutional scrutiny. Article 21 is the most expansive and dynamic provision, guaranteeing that no person shall be deprived of life or personal liberty except according to procedure established by law. In Maneka Gandhi v. Union of India (1978), the Supreme Court transformed Article 21 by holding that the "procedure established by law" must be fair, just, and reasonable — not arbitrary, fanciful, or oppressive. This single judgment unleashed a cascade of rights read into Article 21, including the right to livelihood (Olga Tellis v. Bombay Municipal Corporation), right to education (Unni Krishnan v. State of Andhra Pradesh, later codified as Article 21A by the 86th Amendment), right to health, right to clean environment, right to shelter, right to speedy trial, and right to legal aid. Article 22 provides protection against arbitrary arrest and detention, mandating that every arrested person must be informed of the grounds of arrest, must be produced before the nearest magistrate within twenty-four hours, and must have the right to consult a legal practitioner.
3. Right Against Exploitation (Articles 23 and 24): Article 23 prohibits traffic in human beings and forced labour (begar), making any contravention punishable under law. The Bonded Labour System (Abolition) Act, 1976 and the Immoral Traffic (Prevention) Act, 1956 give statutory teeth to this provision. The Supreme Court in Bandhua Mukti Morcha v. Union of India (1984) held that the State has an obligation to identify, release, and rehabilitate bonded labourers. Article 24 prohibits the employment of children below fourteen years of age in factories, mines, or other hazardous occupations. The Child and Adolescent Labour (Prohibition and Regulation) Act, 1986 (as amended in 2016) furthers this constitutional mandate by banning child labour in all occupations and regulating adolescent labour.
4. Right to Freedom of Religion (Articles 25 to 28): Article 25 guarantees freedom of conscience and the right to freely profess, practise, and propagate religion, subject to public order, morality, and health. Article 26 grants religious denominations the right to establish and maintain institutions, manage their affairs in matters of religion, and acquire and administer property. In S.R. Bommai v. Union of India (1994), the Supreme Court affirmed secularism as part of the basic structure of the Constitution. Article 27 prohibits the State from compelling any person to pay taxes for the promotion of any particular religion, and Article 28 prohibits religious instruction in wholly State-funded educational institutions.
5. Cultural and Educational Rights (Articles 29 and 30): Article 29 protects the interests of minorities by guaranteeing the right to conserve their distinct language, script, or culture. Article 30 gives all minorities, whether based on religion or language, the right to establish and administer educational institutions of their choice. In T.M.A. Pai Foundation v. State of Karnataka (2002), the eleven-judge bench of the Supreme Court held that both linguistic and religious minorities are entitled to the protection of Article 30, and that while regulatory measures are permissible, the State cannot impose conditions that effectively destroy the minority character of an institution.
6. Right to Constitutional Remedies (Article 32): Article 32 empowers any person to move the Supreme Court for the enforcement of fundamental rights. The Court may issue directions, orders, or writs including habeas corpus (to produce a detained person), mandamus (to compel a public authority to perform a duty), prohibition (to prevent a lower court from exceeding its jurisdiction), certiorari (to quash an order already passed), and quo warranto (to challenge the authority of a person holding public office). The celebrated case of Kesavananda Bharati v. State of Kerala (1973) established the Basic Structure Doctrine, holding that while Parliament has wide powers to amend the Constitution under Article 368, it cannot alter or destroy the basic structure, which includes fundamental rights, secularism, federalism, separation of powers, and judicial review. This doctrine has become the lodestar of Indian constitutional law, invoked in cases ranging from judicial appointments to economic policy. The corresponding provision at the High Court level is Article 226, which is even wider in scope as it can be invoked for enforcement of fundamental rights as well as "for any other purpose."
Practical Guidance for Citizens: If you believe your fundamental rights have been violated, you may approach the High Court under Article 226 or the Supreme Court under Article 32. Legal aid is available free of cost under the Legal Services Authorities Act, 1987, for women, children, members of Scheduled Castes and Scheduled Tribes, victims of trafficking, persons with disabilities, industrial workmen, persons in custody, and persons whose annual income falls below the prescribed threshold (currently Rs. 3 lakh per annum in most states). You can contact the nearest District Legal Services Authority or the National Legal Services Authority (NALSA) for assistance. Law Forum India regularly conducts awareness camps in Bengaluru and across Karnataka to educate citizens about how to exercise these fundamental rights in practice.