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Fundamental Rights

Justiciable rights guaranteed to every person in India under Part III of the Constitution � enforceable directly in the Supreme Court.

Full Definition

Fundamental Rights (Articles 12-35) are the bedrock of the Indian Constitution � rights so essential to human dignity that they are directly enforceable against the state. They include: right to equality (Articles 14-18), right to freedom (Articles 19-22), right against exploitation (Articles 23-24), right to freedom of religion (Articles 25-28), cultural and educational rights (Articles 29-30), and right to constitutional remedies (Article 32). They can be suspended during a national emergency (except Articles 20 and 21).

In Indian Law

Part III, Articles 12-35 of the Constitution. Article 13 makes laws violating fundamental rights void. Article 32 gives the Supreme Court power to enforce them via writs. In Menaka Gandhi v. Union of India (1978), the Supreme Court held fundamental rights are not isolated silos � they must be read harmoniously. In Puttaswamy (2017), the right to privacy was read into Article 21.

Landmark Cases

Maneka Gandhi v. Union of India (1978) � Interconnected reading of fundamental rights

K.S. Puttaswamy v. Union of India (2017) � Right to privacy as fundamental right

Browse all landmark cases