Last Updated: April 2026
Fundamental Rights (Part III, Articles 12-35) is the single most tested topic in UPSC Civil Services Examination GS Paper II (Polity and Governance). In UPSC CSE 2025 Prelims, 8 out of 25 polity questions were directly from Fundamental Rights provisions and related Supreme Court judgments. This guide covers all Articles, landmark cases, and recent developments relevant for UPSC 2026.
Fundamental Rights — Overview of Articles 12-35
| Article | Right | Category |
|---|---|---|
| Article 12 | Definition of State | Interpretation provision |
| Article 13 | Laws inconsistent with Fundamental Rights are void | Judicial Review basis |
| Article 14 | Right to Equality before law | Right to Equality |
| Article 15 | Prohibition of discrimination on grounds of religion, race, caste, sex, place of birth | Right to Equality |
| Article 16 | Equality of opportunity in public employment | Right to Equality |
| Article 17 | Abolition of Untouchability | Right to Equality |
| Article 18 | Abolition of Titles | Right to Equality |
| Article 19 | Six Freedoms (speech, assembly, association, movement, residence, profession) | Right to Freedom |
| Article 20 | Protection in respect of conviction for offences (no double jeopardy, no self-incrimination) | Right to Freedom |
| Article 21 | Protection of Life and Personal Liberty | Right to Freedom |
| Article 21A | Right to Education (6-14 years) | Right to Freedom (added 86th Amendment) |
| Article 22 | Protection against Arrest and Detention | Right to Freedom |
| Article 23 | Prohibition of Traffic in Human Beings and Forced Labour | Right Against Exploitation |
| Article 24 | Prohibition of Employment of Children in hazardous occupations | Right Against Exploitation |
| Article 25-28 | Freedom of Religion | Right to Freedom of Religion |
| Article 29-30 | Rights of Minorities | Cultural and Educational Rights |
| Article 32 | Right to Constitutional Remedies (Dr Ambedkar: Heart and Soul of Constitution) | Right to Constitutional Remedies |
Article 19 — Six Freedoms and Their Reasonable Restrictions
| Freedom | Article | Reasonable Restrictions (Article 19) |
|---|---|---|
| Freedom of Speech and Expression | 19(1)(a) | Sovereignty, security, public order, decency, contempt of court, defamation, incitement [19(2)] |
| Right to Assemble peaceably (unarmed) | 19(1)(b) | Sovereignty, public order [19(3)] |
| Right to Form Associations | 19(1)(c) | Sovereignty, public order, morality [19(4)] |
| Right to Move freely throughout India | 19(1)(d) | Security, public order, scheduled tribe interests [19(5)] |
| Right to Reside and Settle | 19(1)(e) | Security, scheduled tribe interests [19(5)] |
| Right to Practice any Profession | 19(1)(g) | Public interest, professional qualifications [19(6)] |
Article 21 Expansion — Landmark Supreme Court Cases
Article 21 has been expanded by the Supreme Court to include numerous unenumerated rights:
- Maneka Gandhi v Union of India (1978): Right to travel abroad; procedure must be just, fair, reasonable
- Olga Tellis v Bombay Municipal Corporation (1985): Right to livelihood as part of Article 21
- Unni Krishnan v State of AP (1993): Right to education (before 21A)
- PUCL v Union of India (1997): Right to food
- Vishaka v State of Rajasthan (1997): Right to safe working environment
- K.S. Puttaswamy v Union of India (2017): Right to Privacy as fundamental right
Recent Supreme Court Developments — April 2026
- Sabarimala Review: SC hearing review of 2018 Sabarimala judgment — Article 17 and 25 dimensions
- POCSO enforcement: CJI takes suo motu cognisance of Ghaziabad case — Article 21 child rights
- Electoral rolls deletion: EC’s SIR process challenged — Article 326 and Article 14
- Waqf Amendment Act: Article 26 (right to manage religious affairs) petitions pending
Frequently Asked Questions — UPSC Fundamental Rights
How many Fundamental Rights are there in the Indian Constitution?
Originally there were 7 Fundamental Rights in the Indian Constitution. After the 44th Constitutional Amendment 1978, the Right to Property (Article 19(1)(f) and Article 31) was removed and made a legal right under Article 300A. Currently there are 6 Fundamental Rights: Right to Equality (14-18), Right to Freedom (19-22), Right Against Exploitation (23-24), Right to Freedom of Religion (25-28), Cultural and Educational Rights (29-30), and Right to Constitutional Remedies (32).
What is the Basic Structure doctrine and why is it important for UPSC?
The Basic Structure doctrine, established in Kesavananda Bharati v State of Kerala (1973), holds that Parliament cannot amend the Constitution in a way that destroys its basic structure. Basic structure elements include: supremacy of the Constitution, republican and democratic form of government, separation of powers, Fundamental Rights, judicial review, and federalism. This doctrine is foundational for UPSC GS Paper II questions on constitutional amendments and judicial review.
What is the difference between Article 32 and Article 226?
Article 32 gives the Supreme Court jurisdiction to issue writs for enforcement of Fundamental Rights — it is itself a Fundamental Right. Article 226 gives High Courts jurisdiction to issue writs for both Fundamental Rights violations AND any other legal right. Article 226 is wider in scope but Article 32 is more specific and is a guaranteed right. Dr Ambedkar called Article 32 the heart and soul of the Constitution.
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