FUNDAMENTAL RIGHTS

RULE OF GOLDEN TRIANGLE

 The Fundamental Rights are enshrined in Part III of the Constitution from
Articles 12 to 35.
 Part III of the Constitution is rightly described as the Magna Carta of India.
 Originally, the Constitution provided for seven Fundamental Rights. The
right to property was deleted from the list of Fundamental Rights.
 So at presently only six Fundamental Rights are available
 The right to property (Article 31) was deleted from the list of Fundamental
Rights by the 44th Amendment Act, 1978.
 It is made a legal right under Article 300-A in Part XII of the Constitution.
 Part III of the Indian Constitution guarantees six fundamental rights to all
the citizens.
1. Right to Equality (Articles 14–18),
2. Right to Freedom (Articles 19–22),
3. Right against Exploitation (Articles 23–24),
4. Right to Freedom of Religion (Articles25–28),
5. Cultural and Educational Rights (Articles 29–30)
6. Right to Constitutional Remedies (Article 32)
 Fundamental rights can also be suspended during the operation of a
National Emergency except the rights guaranteed by Articles 20 and 21
Article 14:
Guarantees equality before the law and equal protection of the laws. This
means everyone is treated the same by the law, and the state must ensure
the same laws apply to all.
Article 15:
Prohibits discrimination based on religion, race, caste, sex, or place of
birth. It also allows for special provisions for women, children, and other
socially or economically disadvantaged groups.
Article 16:
Ensures equal opportunity for all citizens in matters of public employment or
appointment to any office under the state. It prohibits discrimination in such
appointments.
Article 17:
Abolishes the practice of untouchability and makes its enforcement punishable.
Article 18:

Abolishes titles, including those conferred by the state or foreign states, with exceptions for
military and academic distinctions.
Article 19(1)(a): freedom of speech and expression. This includes the right to speak, write,
print, and express oneself through various means.
Article 19(1)(b): right to assemble peacefully and without arms.
Article 19(1)(c): right to form associations or unions.
Article 19(1)(d): right to move freely throughout the territory of india.
Article 19(1)(e): right to reside and settle in any part of india.
Article 19(1)(g): right to practice any profession or carry on any occupation, trade, or
business.

Article 20

-Protection in respect of conviction for offences

Article 21

- Protection of life and personal liberty (article 21)

Article 21a

-Right to education

(Article 22)

-Protection against arrest and detention

Article 23:

-Prohibition of traffic in human beings and forced labour

 Prohibition of human trafficking:
 This article prohibits the buying, selling, or dealing in human
beings, essentially banning the trade in people.
 Prohibition of forced labor:
 It also prohibits "begar" (forced labor) and other similar forms of
forced labor
Article 24
 Prohibition of employment of children in factories, etc

•.
Article 25

-Freedom
•. of conscience and free profession, propagation and practice of religion.

Article 26

-Freedom to manage the religious affairs.

Article 27
- Freedom from paying any taxes for promotion of a religion.

Article 28
-Freedom to attend religious instructions in certain educational institutions)
Article 29 – rotection of interests of minorities

Article 30 – Right of minorities to establish and administer

educational institutions

Article 32 - Remedies for enforcement of rights conferred by this

part
Article 33
- Power of parliament to modify the rights conferred by this part in their
application to forces, etc.

Article 34
- restrictions during martial law

Article 35
- legislation to give effect to the provisions of this part
WRITS
ARTICLES THAT PROTECT FUNDAMENTAL RIGHTS
 A writ is an order or command issued by a court in writing under its seal.
 Both the Supreme Court and the High Courts are empowered to issue five
kinds of writs. That is why the Supreme Court is called the “Guardian of the
Constitution”.
1. Habeas Corpus: Safeguards people from illegal arrests.
2. Mandamus: It protects the petitioner who requires legal help to get his
work done by respective public authorities.
3. Prohibition: It prohibits a subordinate court from acting beyond its
jurisdiction.
4. Certiorari: It quashes an order issued by a subordinate court by
overstepping its jurisdiction
5. Quo Warranto: It prevents usurpation of public office through illegal
manner.
 The Supreme Court (under Article 32) and the high courts (under Article
226) can issue the writs of habeas corpus, mandamus, prohibition,
certiorari and quo-warranto.
 According to Dr. Ambedkar, Article 32 is “the heart and soul of the
Constitution”.
PREAMBLE
 The term “preamble” refers to the introduction or preface to the
Constitution. It consists of the ideals, objectives and basic principles of the
Constitution. It has great value and has been described as the ‗key to the
Constitution‘.
 The Preamble to the Indian Constitution is based on the “Objective
Resolution”, drafted by Jawaharlal Nehru, which was adopted by the
Constituent Assembly on January 22, 1947. It has been amended once by
the 42nd Constitutional Amendment Act of 1976, which added three new
words - socialist, secular and integrity.
 The Preamble begins with the phrase “We, the People of India”. Thus, we
can say that the people of India are the source of our Constitution.
 The Preamble of our Constitution states that India is a Sovereign Socialist
Secular Democratic Republic. Its aim is to secure to all Indian citizens
Social, economic and political justice.
 The objectives stated by the Preamble are to secure justice, liberty,
equality to all citizens and promote fraternity to maintain unity and
integrity of the nation.
 The date is mentioned in the preamble when it was adopted i.e. November
26, 1949
 The concept of Liberty, Equality, and Fraternity in our Preamble was
adopted from the French Motto of the French Revolution in 1789.
KEY WORDS IN THE PREAMBLE
 Key words-Sovereign, Socialist, Secular, Democratic, Republic, Justice,
Liberty, Equality and Fraternity
Sovereign
 The word ‘sovereign’ implies that India is neither a dependency nor a
dominion of any other nation, but an independent state. There is no
authority above it, and it is free to conduct its own affairs (both Internal
and external).
Socialist
 The term Socialist added in the Preamble by 42nd Amendment, 1976.
Indian brand of socialism is Democratic Socialism that holds faith in a
mixed economy where both the private and public sectors co-exist side by
side.
Secular
 The term Secular was incorporated in the Preamble by 42nd Constitutional
Amendment, 1976
 The Indian Constitution embodies the positive concept of secularism ie, all
religions in our country have the same status and support from the state
Democratic
 The term implies that the Constitution of India has an established form of
Constitution which gets its authority from the will of the people expressed
in an election.
Republic
 The term indicates that the head of the state is elected by the people.
 A democratic polity can be classified into two categories
1. Monarchy (Ex: Britain)
2. Republic (Ex: India, USA).
 In India, the President is the head of the State and he is elected indirectly
by the people of India.
Q. Which article has a similar provision to that of Article 32 and deals with
writ jurisdiction? SSC CGL 09/09/2024 (1st Shift)
(a) Article 227
(b) Article 228
(c) Article 225
(d) Article 226
Sol.(d)
Q. Right of a prisoner to speedy trial will be categorised in which of the
following Fundamental Rights? SSC MTS 23/10/2024 (1st Shift)
(a) Right against Exploitation
(b) Right to Life
(c) Right to Constitutional Remedies
(d) Right to Equality
Sol.(b)
Q. Which Article of the Indian Constitution prohibits providing of any
religious instruction in the educational institutions maintained by the State?
SSC CGL 09/09/2024 (3rd Shift)
(a) Article 29
(b) Article 28
(c) Article 30
(d) Article 31
Sol.(b)
Q. Which of the following Articles of the Indian Constitution CANNOT be
suspended even during an emergency declared on the grounds of war or
external aggression ? SSC CGL 19/09/2024 (3rd Shift)
(a) Articles 15 and 17
(b) Articles 20 and 21
(c) Articles 14 and 16
(d) Articles 30 and 32
Sol.(b)
Q. If a 12-year-old is found to be working in a factory manufacturing carpets,
which of the following Articles of the Constitution of India will be violated?
SSC CGL 25/09/2024 (2nd Shift)
(a) Article 24
(b) Article 25
(c) Article 23
(d) Article 26
Sol.(a)
Q. In which part of the Constitution will you find the six broad categories of
Fundamental Rights? SSC CHSL 01/07/2024 (1st shift)
(a) Part I
(b) Part IV
(c) Part II
(d) Part III
Sol.(d)
Q. Writ of Mandamus is a Fundamental Right classifiable under:
SSC CHSL 01/07/2024 (3rd shift)
(a) cultural and educational rights
(b) the right to freedom of religion
(c) constitutional remedies
(d) the right to equality
Sol.(c)
Q. Which of the following Articles prohibits traffic in human beings and
forced labour ? SSC CHSL 01/07/2024 (4th shift)
(a) Article 25
(b) Article 23
(c) Article 22
(d) Article 28
Sol.(b)
Q. Which Clause of Article 20 incorporates the doctrine of double jeopardy?
SSC CHSL 02/07/2024 (1st shift)
(a) 3
(b) 2
(c) 1
(d) 4
Sol.(b)
Q. ___________ has called the Right to Constitutional Remedy as the ‘Soul of
the Constitution’. SSC CHSL 02/07/2024 (4th shift)
(a) Jawaharlal Nehru
(b) Lala Lajpat Rai
(c) Bal Gangadhar Tilak
(d) Dr. BR Ambedkar
Sol.(d)
Q. Certiorari comes under the: SSC CHSL 03/07/2024 (1st shift)
(a) right to religious freedom
(b) right to constitutional remedies
(c) right against exploitation
(d) right to equality
Sol.(b)
Q. A ________ is issued to prevent an inferior court or tribunal from
exceeding its jurisdiction, which is not legally vested, or acting without
jurisdiction or acting against the principles of natural justice.
SSC CHSL 05/07/2024 (4th shift)
(a) writ of quo-warranto
(b) writ of habeas corpus
(c) writ of prohibition
(d) writ of mandamus
Sol. (c)
Q. Which of the following Fundamental Rights has been deleted from the
original list of fundamental rights provided in the Constitution of India?
SSC CHSL 09/07/2024 (3rd shift)
(a) Right to property
(b) Cultural and educational rights
(c) Right to constitutional remedies
(d) Right to freedom of religion
Sol.(a)
Q. Which of the following Fundamental Rights is available for Indians as well
as foreigners? SSC CHSL 10/07/2024 (1st shift)
(a) Right to protection of language, script and culture of minorities
(b) Equality of opportunity in matters of public employment
(c) Right of minorities to establish and administer educational institutions
(d) Right to elementary education
Sol.(d)
Q. Which writ literally means 'what is your authority ’?
SSC CHSL 11/07/2024 (3rd shift)
(a) Quo-Warranto
(b) Prohibition
(c) Habeas Corpus
(d) Mandamus
Sol.(a)
Q. Citizens are NOT discriminated against on the basis of religion, caste or sex
because of: SSC CHSL 08/07/2024 (3rd shift)
(a) Right to Freedom
(b) Right against Exploitation
(c) Right to Freedom of Religion
(d) Right to Equality
Sol.(d)
Q. How many Fundamental Rights were initially provided in the Constitution
of India? SSC CHSL 08/07/2024 (4th shift)
(a) Seven
(b) Eight
(c) Nine
(d) Six
Sol.(a)
Q. ______ of the Constitution of India has provisions for legal enforcement of
the fundamental rights. SSC CHSL 08/07/2024 (4th shift)
(a) Article 32
(b) Article 19
(c) Article 29
(d) Article 28
Sol.(a)
Q. Which of the following is enforceable by the Indian Constitution?
SSC CHSL 02/08/2023 (3rd shift)
(a) Preamble
(b) Fundamental rights
(c) Directive Principles of State Policy
(d) Fundamental duties
Sol. (b)
Q. The Preamble of the Constitution describes India as:
SSC CHSL 09/07/2024 (1st shift)
(a) an atheist state
(b) a unitary state
(c) a secular state
(d) a federal state
Sol.(c)
Q. Which of the following word sequences is correct as per the Preamble to
the Constitution ? SSC CHSL 10/07/2024 (3rd shift)
(a) Sovereign, socialist, secular, democratic, republic
(b) Secular, democratic, secular, socialist, sovereign
(c) Sovereign, secular, socialist, democratic, republic
(d) Socialist, secular, democratic, republic, sovereign
Sol.(a)
Q. When was the preamble to the Indian Constitution amended ?
Matriculation Level 26/06/2024 (Shift - 1)
(a) 1981
(b) 1976
(c) 1974
(d) 1980
Sol.(b)
Q. Who called the preamble of the Indian Constitution 'The Political
Horoscope of our Constitution’ ? Matriculation Level 21/06/2024 (Shift - 1)
(a) Dr. KM Munshi
(b) Sir Alladi Krishnaswamy Iyer
(c) M. Hidayatullah
(d) Sir Ernest Baker
Sol.(a)
Q. From which of the following Constitutions is the idea of ‘Charter of
Fundamental Rights’ adopted in the Indian Constitution?
SSC CPO 27/06/2024 (2nd shift)
(a) Brazilian Constitution
(b) Spanish Constitution
(c) United States of America’s Constitution
(d) French Constitution
Sol.(c)
Q. Which of the following words is not found in the original Preamble of the
Indian Constitution?
A) Sovereign
B) Socialist
C) Secular
D) Democratic
Answer: B) Socialist
Q. From which of the following Constitutions is the idea of ‘Charter of
Fundamental Rights’ adopted in the Indian Constitution?
SSC CPO 27/06/2024 (2nd shift)
(a) Brazilian Constitution
(b) Spanish Constitution
(c) United States of America’s Constitution
(d) French Constitution
Sol.(c)
Q. From which of the following Constitutions is the idea of ‘Charter of
Fundamental Rights’ adopted in the Indian Constitution?
SSC CPO 27/06/2024 (2nd shift)
(a) Brazilian Constitution
(b) Spanish Constitution
(c) United States of America’s Constitution
(d) French Constitution
Sol.(c)
The Preamble of the Indian Constitution declares India to be:
A) A federal state
B) A unitary state
C) A Sovereign Socialist Secular Democratic Republic
D) A monarchy
Answer: C) A Sovereign Socialist Secular Democratic Republic
Which amendment added the words ‘Socialist ’ and ‘Secular ’ to the Preamble?
A) 42nd Amendment, 1976
B) 44th Amendment, 1978
C) 40th Amendment, 1976
D) 46th Amendment, 1982
Answer: A) 42nd Amendment, 1976
Who described the Preamble as the “Identity card of the Constitution”?
A) B.R. Ambedkar
B) Nani Palkhivala
C) Jawaharlal Nehru
D) Dr. Rajendra Prasad
Answer: B) Nani Palkhivala
 The idea of the Preamble in the Indian Constitution was inspired by the
Constitution of:
A) USA
B) UK
C) France
D) Canada
Answer: A) USA
Q. The Preamble is part of the Constitution as per the verdict in which case?
A) Golaknath v. State of Punjab
B) A.K. Gopalan v. State of Madras
C) Kesavananda Bharati v. State of Kerala
D) Minerva Mills v. Union of India
Answer: C) Kesavananda Bharati v. State of Kerala
Q. Which of the following best describes the nature of the Preamble?
A) It is enforceable by the courts
B) It is not a part of the Constitution
C) It is just a decorative element
D) It embodies the spirit of the Constitution
Answer: D) It embodies the spirit of the Constitution
THANK YOU