Polity · topic 2 of 11
Fundamental Rights & Writs
Part III (Articles 12–35). UPSC tests three things again and again: which Article holds which right, which rights are for citizens only, and what each writ does. Article 21 alone has produced more questions than some whole chapters.
The six rights at a glance
| Group | Articles | Key content |
|---|---|---|
| Right to Equality | 14–18 | 14 equality before law · 15 no discrimination (religion, race, caste, sex, place of birth) · 16 public employment · 17 untouchability abolished · 18 titles abolished |
| Right to Freedom | 19–22 | 19 six freedoms · 20 protection in conviction (ex post facto, double jeopardy, self-incrimination) · 21 life and personal liberty · 21A education 6–14 · 22 arrest and detention |
| Right against Exploitation | 23–24 | 23 traffic in human beings, begar, forced labour · 24 no child under 14 in factories, mines, hazardous work |
| Freedom of Religion | 25–28 | 25 conscience, profess, practise, propagate · 26 manage religious affairs · 27 no tax for a religion · 28 no religious instruction in State-funded schools |
| Cultural & Educational | 29–30 | 29 protect language, script, culture (any section of citizens) · 30 minorities’ right to run educational institutions |
| Constitutional Remedies | 32 | Move the Supreme Court to enforce rights — “heart and soul” (Ambedkar) |
Citizens only vs everyone
| Citizens only | Any person (citizens + foreigners) |
|---|---|
| Art. 15, 16, 19, 29, 30 | Art. 14, 20, 21, 21A, 22, 23, 24, 25–28 |
| Tip: the “opportunity” and “freedom” rights | Tip: “life”, “equality before law” and “protection” rights (enemy aliens excluded from Art. 22 safeguards) |
Article 21 — what the courts read into it
| Right | Case |
|---|---|
| Procedure must be fair, just and reasonable | Maneka Gandhi (1978) — overruled the narrow A.K. Gopalan (1950) reading |
| Livelihood | Olga Tellis (1985) |
| Speedy trial | Hussainara Khatoon (1979) |
| Free legal aid | Hussainara Khatoon; M.H. Hoskot (1978) |
| Clean environment | Subhash Kumar (1991) |
| Privacy | K.S. Puttaswamy (2017, nine judges) |
| Choice of partner | Shafin Jahan (2018) |
| Die with dignity (passive euthanasia) | Common Cause (2018) |
The six freedoms of Article 19(1)
- (a) speech and expression (includes press, right to know) · (b) assemble peaceably without arms · (c) form associations, unions, co-operative societies (co-operatives added by the 97th Amendment) · (d) move freely · (e) reside and settle · (g) any profession, trade or business.
- (f) property was deleted by the 44th Amendment (1978); property is now Art. 300A, a legal right for every person.
- Restrictions must be reasonable and on the grounds listed in 19(2)–(6) — e.g. sovereignty and integrity, security of the State, public order, decency, contempt of court, defamation.
The five writs (Art. 32 — SC, Art. 226 — HC)
| Writ | Meaning | Lies against | Does NOT lie against |
|---|---|---|---|
| Habeas corpus | “Produce the body” | Public authorities and private persons | Lawful detention, contempt, a person outside jurisdiction |
| Mandamus | “We command” — do your public duty | Public officials, bodies, lower courts; private bodies with a public duty | President/Governor personally, private persons, contracts, discretionary duties |
| Prohibition | “To forbid” — stop a pending case | Judicial and quasi-judicial bodies | Administrative bodies, legislatures, private persons |
| Certiorari | “To be certified” — quash an order already made | Judicial, quasi-judicial and (since 1991) administrative bodies affecting rights | Legislatures, private persons |
| Quo warranto | “By what authority” | Holder of a substantive public office created by law | Ministerial or private offices |
| HC vs SC | High Court writs are wider: for Fundamental Rights AND “any other purpose” |
Other Articles that get asked
- Art. 12 — “State” includes Government, Parliament, State legislatures, local authorities and other authorities (e.g. LIC, ONGC).
- Art. 13 — laws inconsistent with FRs are void; “law” includes ordinances, orders, bye-laws, rules, regulations, notifications, custom or usage. A constitutional amendment is not “law” here (24th Amendment).
- Art. 15(4), 15(5), 15(6) — special provisions for backward classes; admissions; EWS (103rd Amendment, 2019).
- Art. 16(4) — reservation in posts; Art. 335 — claims of SC/ST consistent with efficiency of administration (the Constitution does not define “efficiency”).
- Art. 33 — Parliament may restrict FRs of armed forces, police, intelligence staff. Art. 34 — martial law. Art. 35 — only Parliament legislates on certain FR matters.
- Art. 20 and 21 cannot be suspended even in a National Emergency (44th Amendment).
Traps UPSC sets
| The wrong idea | What is actually true |
|---|---|
| Privacy comes from Article 19 | Privacy is Art. 21 (Puttaswamy 2017), with parts in other freedoms. |
| Untouchability is under the Right against Exploitation | Art. 17, Right to Equality. |
| Right to Property is a Fundamental Right for citizens | Art. 300A, a legal right of every person. |
| Mandamus never lies against a Government company | It can, if the company discharges a public duty. |
| Only the aggrieved person can seek quo warranto | Any interested person can. |
| An ordinance can abridge a Fundamental Right | No — an ordinance is “law” under Art. 13. |
| Due process of law = procedure established by law | Different ideas. UPSC 2023: due process in essence = the principle of natural justice. |
For Mains
GS 2 questions ask about the expansion of Article 21, the FR vs DPSP balance, reasonable restrictions on speech (sedition, internet shutdowns — Anuradha Bhasin 2020), and reservation (Indra Sawhney 1992, EWS — Janhit Abhiyan 2022). Structure: text → judicial expansion → current tension → way forward.
Real PYQs on this topic, solved
UPSC 2024 · Right to Privacy
Under which of the following Articles of the Constitution of India, has the Supreme Court of India placed the Right to Privacy?
Answer (d): Article 21
Remember: Privacy = Art. 21 (Puttaswamy, 2017, 9 judges; overruled M.P. Sharma 1954 and Kharak Singh 1962).
UPSC 2024 · Writs · Prohibition
A Writ of Prohibition is an order issued by the Supreme Court or High Courts to:
Answer (c): the lower court prohibiting continuation of proceedings in a case.
Remember: Habeas corpus = produce the body · Mandamus = do your public duty · Prohibition = stop (pending) · Certiorari = quash (decided) · Quo warranto = by what authority?
UPSC 2022 · Writs · Mandamus & Quo Warranto
With reference to the writs issued by the Courts in India, consider the following statements:
- Mandamus will not lie against a private organization unless it is entrusted with a public duty. — ✓
- Mandamus will not lie against a Company even though it may be a Government Company. — ✗
- Any public minded person can be a petitioner to move the Court to obtain the writ of Quo Warranto. — ✓
Answer (c): 1 and 3 only
Remember: Quo warranto = only writ any person may seek. Mandamus = public duty only; not against President/Governor, not for contracts.
UPSC 2020 · Untouchability · Art. 17
Which one of the following categories of Fundamental Rights incorporates protection against untouchability as a form of discrimination?
Answer (d): Right to equality
Remember: Equality 14–18 · Freedom 19–22 · Exploitation 23–24 · Religion 25–28 · Culture & Education 29–30 · Remedies 32.
UPSC 2021 · Right to Property
What is the position of the Right to Property in India?
Answer (b): Legal right available to any person
Remember: Property = Art. 300A, Part XII · legal/constitutional right · any person · 44th Amendment 1978.