The essence of this chapter for last-minute revision: definitions, facts, dates and tables. The full notes, with the complete explanation, are available separately.
1 The Six Fundamental Rights, at a glance
Fundamental Rights (Part III)
1 · EqualityNo discrimination, equal opportunity
2 · FreedomSpeech, movement, life, liberty
3 · Against ExploitationNo forced labour, no child labour
4 · Freedom of ReligionBelief, practice, propagation
5 · Cultural & EducationalMinorities’ language and schools
6 · Constitutional RemediesThe right that enforces all the rest
2 Numbers and dates worth remembering
54years Machal Lalung spent in custody without trial
24hours to produce an arrested person before a magistrate
5writs the courts can issue
| Year | What happened |
|---|---|
| 1928 | Motilal Nehru Committee demands a bill of rights |
| 1950 | Restricting laws on the right to property begin |
| 1973 | Kesavananda Bharati case: right to property not part of basic structure |
| 1976 | 42nd Amendment adds 10 Fundamental Duties |
| 1978 | 44th Amendment removes right to property from Fundamental Rights, adds Article 300A |
| 1993 | National Human Rights Commission established |
| 1996 | South African Constitution and its Bill of Rights inaugurated |
3 The five writs
| Writ | What it does |
|---|---|
| Habeas Corpus | Produces an arrested person before the court |
| Mandamus | Directs an office holder to perform their legal duty |
| Prohibition | Stops a lower court exceeding its jurisdiction |
| Quo Warranto | Restrains someone not entitled to a public office |
| Certiorari | Transfers a pending case to a higher court |
4 Definitions, exactly as they must be written
All definitions in one place
Bill of RightsA list of citizens’ rights that a constitution itself mentions, protects, and guarantees a remedy for
Fundamental RightsRights specially listed and protected by the Constitution, changeable only by constitutional amendment
Preventive detentionArresting and holding a person without trial on suspicion of future unlawful activity, for up to 3 months
Directive Principles of State PolicyNon-justiciable guidelines for government written into the Constitution
Basic structure doctrineThe Supreme Court’s rule that certain core features of the Constitution cannot be changed by Parliament
WritA special order a High Court or the Supreme Court can issue to enforce a Fundamental Right
SecularismThe principle that the state treats all religions equally and favours none
MinorityA group sharing a common language or religion that is numerically smaller than other groups in a region or the country
5 Directive Principles, in three columns
| Goals | Non-justiciable rights | Policies |
|---|---|---|
| Welfare of the people | Adequate livelihood | Uniform civil code |
| Social, economic, political justice | Equal pay for equal work | Prohibition of alcohol |
| Standard of living | Right against economic exploitation | Cottage industries |
| International peace | Right to work | Village panchayats |
Quick Revision: read this the night before the exam
- A Bill of Rights lists and protects citizens’ rights inside the constitution itself
- India has six Fundamental Rights: Equality, Freedom, Against Exploitation, Freedom of Religion, Cultural and Educational Rights, Constitutional Remedies
- Article 21 protects life and personal liberty; arrest requires production before a magistrate within 24 hours
- Preventive detention: maximum 3 months before an advisory board reviews it
- Constitutional Remedies works through 5 writs: Habeas Corpus, Mandamus, Prohibition, Quo Warranto, Certiorari
- NHRC (1993) can investigate and recommend, never prosecute
- DPSP guide policy but cannot be enforced by courts
- 42nd Amendment (1976) added 10 Fundamental Duties, without conditioning rights on them
- Right to Property: Fundamental Right until 1978 (44th Amendment), now Article 300A
- Kesavananda Bharati case: Parliament cannot alter the Constitution’s basic structure
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