Fundamental Rights are rights guaranteed by Part III of the Constitution (Articles 12–35). They protect liberty, equality and dignity and provide enforceable limits on State power. They are justiciable: a person may approach the courts when a protected right is violated. They are not absolute; reasonable constitutional restrictions and exceptions apply. Some rights apply to citizens only, while others apply to every person.

1. Equality: Articles 14–18. 2. Freedom: Articles 19–22. 3. Against Exploitation: Articles 23–24. 4. Freedom of Religion: Articles 25–28. 5. Cultural and Educational Rights: Articles 29–30. 6. Constitutional Remedies: Article 32. Article 31 (property as a Fundamental Right) was removed; property is now protected by Article 300A as a constitutional/legal right, not a Fundamental Right.

Article 12 defines “State” for Part III: Union and State governments and legislatures, local authorities, and other authorities within India or under Government of India control. Whether a body is an “other authority” depends on factors such as public functions and governmental control; mere government connection is not automatically enough. Article 13 makes laws void to the extent that they conflict with Fundamental Rights. “Law” includes ordinances, orders, rules, regulations, notifications, customs and usages having the force of law.

Severability: if the unconstitutional part can be separated, the valid remainder may survive. Eclipse: a pre-Constitution law inconsistent with a Fundamental Right may become inoperative to the extent of inconsistency, rather than disappearing entirely. Waiver: Fundamental Rights generally cannot be voluntarily waived in India. The basic-structure doctrine limits Parliament’s amending power: Kesavananda Bharati (1973) is the landmark case. Minerva Mills (1980) reaffirmed limits on amending power and the importance of harmony between Fundamental Rights and Directive Principles.

Article 14 protects every person, not citizens alone. “Equality before law” reflects the negative idea that no person has special legal privilege; “equal protection of laws” requires like treatment in like circumstances. Reasonable classification is permitted when it rests on an intelligible differentia and has a rational connection to the objective. Equality does not require treating materially different situations identically.

Article 15(1) bars State discrimination against citizens only on grounds of religion, race, caste, sex or place of birth. Article 15(2) addresses access to specified public places and facilities. Article 15(3) permits special provisions for women and children; 15(4) permits advancement measures for socially and educationally backward classes and SC/ST; 15(5) covers admissions in educational institutions, including certain private institutions, subject to the minority-institution exception; 15(6) enables special provisions for EWS, including reservation up to 10% under the constitutional framework.

Article 16 guarantees equality of opportunity for citizens in State employment. Article 16(3) empowers Parliament to prescribe residence requirements for certain posts. Article 16(4) concerns reservation for backward classes inadequately represented in State services; 16(4A) concerns promotion reservation for SC/ST subject to constitutional requirements; 16(5) concerns religious/denominational offices; 16(6) enables EWS reservation. Reservation provisions are enabling provisions, not an automatic guarantee that every post must have reservation.

Article 17 abolishes untouchability and forbids its practice in any form; enforcement of disabilities arising from untouchability is punishable by law. The Protection of Civil Rights Act, 1955 is relevant. Article 18 abolishes titles, with military and academic distinctions excepted. National awards such as Bharat Ratna and Padma awards are not prohibited titles if they are not used as prefixes or suffixes to names (Balaji Raghavan, 1996).

Shankari Prasad (1951) and Sajjan Singh (1965) upheld Parliament’s power to amend Fundamental Rights; Golaknath (1967) took a contrary position; Kesavananda Bharati (1973) established the basic-structure limit; Minerva Mills (1980) reinforced limits on amending power. Champakam Dorairajan (1951) led to the First Amendment and Article 15(4). Indra Sawhney (1992) is associated with OBC reservation and the creamy-layer principle. Janhit Abhiyan (2022) upheld the 103rd Amendment on EWS reservation.

ARTICLE MAP: 14–18 = Equality; 19–22 = Freedom; 23–24 = Exploitation; 25–28 = Religion; 29–30 = Culture/Education; 32 = Remedies. Remember “E-F-E-R-C-R” (Equality, Freedom, Exploitation, Religion, Culture, Remedies). Article 12 = “State”; 13 = “inconsistent laws”. Article 14 applies to PERSONS; Article 15 is discrimination against CITIZENS; Article 16 is CITIZENS + public jobs. Article 17 = untouchability; 18 = titles. For Article 15 exceptions: “Women/Children, Backward classes, Admissions, EWS” = 15(3), (4), (5), (6).

Do not call Article 300A a Fundamental Right. Article 14 says “person”; Articles 15 and 16 are framed around citizens. Article 32 is itself a Fundamental Right; Article 226 gives High Courts broader writ jurisdiction for Fundamental Rights and other legal rights. Article 31 is omitted from the current list of Fundamental Rights. Always distinguish a constitutional permission for reservation from an automatic individual entitlement.