Introduction

Part III of the Indian Constitution is one of its most significant sections, as it guarantees fundamental rights to the citizens of India. Enshrined from Articles 12 to 35, these rights aim to establish equality, freedom, and justice. Furthermore, the Constitution empowers the Supreme Court and High Courts to issue writs to enforce these rights. Over the years, various amendments have influenced the interpretation and application of these rights.

Fundamental Rights (Articles 12 to 35)

Article 12: Definition of the State

Defines the term 'State' to include the Government of India, Parliament, state governments, state legislatures, and all local or other authorities within the country.

Article 13: Laws Inconsistent with or in Derogation of Fundamental Rights

Declares that laws violating Fundamental Rights shall be null and void. It establishes the power of judicial review to ensure laws conform to the Constitution.

The fundamental rights are categorized into six broad groups:

1. Right to Equality (Articles 14-18)

1. Article 14: Guarantees equality before the law and equal protection of laws.
2. Article 15: Prohibits discrimination based on religion, race, caste, sex, or place of birth.
3. Article 16: Ensures equal opportunities in public employment.
4. Article 17: Abolishes untouchability.
5. Article 18: Prohibits titles except for military and academic distinctions.

2. Right to Freedom (Articles 19-22)

1. Article 19: Grants six fundamental freedoms:
2. Freedom of speech and expression.
3. Freedom to assemble peacefully.
4. Freedom to form associations.
5. Freedom of movement.
6. Freedom of residence and settlement.
7. Freedom of profession, occupation, trade, or business.
8. Article 20: Protects against self-incrimination, double jeopardy, and retroactive punishment.
9. Article 21: Ensures the right to life and personal liberty.
10. Article 21A: Guarantees the right to education (inserted by the 86th Amendment Act, 2002).
11. Article 22: Protects against arbitrary arrest and detention.

3. Right Against Exploitation (Articles 23-24)

1. Article 23: Prohibits human trafficking and forced labor.
2. Article 24: Bans child labor in hazardous industries.

4. Right to Freedom of Religion (Articles 25-28)

1. Article 25: Guarantees freedom of conscience and religion.
2. Article 26: Grants rights to religious denominations to manage their affairs.
3. Article 27: Prohibits taxes for promoting a particular religion.
4. Article 28: Allows religious instruction in educational institutions under certain conditions.

5. Cultural and Educational Rights (Articles 29-30)

1. Article 29: Protects the rights of minorities to preserve their culture.
2. Article 30: Grants minorities the right to establish and manage educational institutions.

6. Right to Constitutional Remedies (Articles 32-35)

1. Article 32: Allows individuals to approach the Supreme Court to enforce fundamental rights.
2. Article 33: Empowers Parliament to restrict fundamental rights of armed forces and police.
3. Article 34: Provides for the restriction of fundamental rights during martial law.
4. Article 35: Grants Parliament the exclusive power to legislate on matters related to fundamental rights.

Writs Issued by Supreme Court and High Courts

To protect fundamental rights, both the Supreme Court and High Courts can issue the following writs under Articles 32 and 226:

1. Habeas Corpus ("You may have the body")

1. Used to release a person unlawfully detained.

2. Mandamus ("We command")

1. Directs a public authority to perform its legal duty.

3. Prohibition

1. Issued to lower courts to prevent them from exceeding their jurisdiction.

4. Certiorari

1. Transfers a case from a lower court to a higher court or quashes an unlawful decision.

5. Quo Warranto ("By what authority")

1. Questions the legality of a person holding a public office.

Amendments Related to Fundamental Rights

Several amendments have impacted the fundamental rights:

1. 1^st Amendment (1951): Added restrictions on freedom of speech and introduced Schedule 9 (protecting laws from judicial review).
2. 4^th Amendment (1955): Limited compensation for private property acquisition.
3. 24^th Amendment (1971): Allowed Parliament to amend fundamental rights.
4. 25^th Amendment (1971): Restricted property rights.
5. 42^th Amendment (1976): Introduced the term "Socialist" and "Secular" in the Preamble.
6. 44^th Amendment (1978): Revoked the right to property as a fundamental right.
7. 86^th Amendment (2002): Introduced the right to education under Article 21A.