Fundamental Right
Definition
A justiciable right guaranteed under Part III of the Constitution, enforceable by writ in the Supreme Court (Article 32) and the High Courts (Article 226).
- Source
- Part III of the Constitution of India
- Enforcement
- Writ jurisdiction, Article 32 (Supreme Court), Article 226 (High Courts)
- Character
- Justiciable
Common questions
Why does this classification matter for forensic practice in India?+
Evidence gathered or a procedure conducted in a way that violates a fundamental right, such as unlawful search or coerced statement, can be challenged on constitutional grounds directly through a writ petition, giving affected parties a remedy beyond ordinary appellate procedure.
How does a fundamental right differ from an ordinary statutory right?+
A statutory right exists only because a law creates it and can be altered or repealed by ordinary legislation, whereas a fundamental right has constitutional protection and can be enforced directly by writ, and its core cannot be abrogated by ordinary statute.
Related terms
- Article 13
- Declares that laws inconsistent with or in derogation of fundamental rights are void to the extent of inconsistency; the textual basis for...
- Article 14 (Equality Before Law)
- Guarantees equality before the law and equal protection of the laws to all persons within Indian territory; bans arbitrary State action.
- Article 15
- Prohibits discrimination on grounds of religion, race, caste, sex or place of birth.
- Article 16
- Equality of opportunity in matters of public employment.
- Article 17
- Abolishes untouchability; enforced through the Protection of Civil Rights Act 1955 and the SC and ST (Prevention of Atrocities) Act 1989.
- Article 19
- Six freedoms for citizens: speech and expression, peaceful assembly, association, movement, residence, and profession or trade, subject to reasonable restrictions.
- Article 20(3) (Self-Incrimination)
- No person accused of an offence shall be compelled to be a witness against himself; the textual basis for the bar on...
- Article 21 (Life and Personal Liberty)
- No person shall be deprived of life or personal liberty except according to procedure established by law; expanded by Maneka Gandhi 1978...
- Article 22
- Protection against arrest and detention: grounds of arrest, right to counsel, production before a magistrate within 24 hours; preventive-detention safeguards in clauses...
- Due Process (Indian Gloss)
- Post-Maneka Gandhi reading of Article 21 that the procedure depriving liberty must be fair, just and reasonable, not merely a procedure prescribed...
- Judicial Review
- Power of the Supreme Court and High Courts to test legislation and executive action against the Constitution, drawn from Articles 13, 32,...