Fundamental Rights
/ˌfʌndəˈmɛntəl raɪts/
Constitutional Law Term
Images
CC-licensed · free to useVideo
Definition
Rights guaranteed by Part III (Articles 12–35) of the Indian Constitution that are enforceable against the State. They include the 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). These rights are justiciable — any violation can be challenged in the Supreme Court or High Courts.
Examples
Case Study
Kesavananda Bharati v. State of Kerala (1973) is the most important constitutional case in Indian history. A 13-judge bench (the largest ever) held 7:6 that while Parliament can amend the Constitution under Article 368, it cannot destroy the 'basic structure' of the Constitution — which includes fundamental rights, judicial review, and the rule of law. This doctrine has since protected democratic institutions from legislative erosion.
Key Cases
Kesavananda Bharati v. State of Kerala
1973AIR 1973 SC 1461
LANDMARK: Established the Basic Structure Doctrine — Parliament cannot amend the Constitution to destroy its essential features. Possibly the most important judgment in Indian constitutional history. Delivered by 13 judges (largest bench ever).
View on Indian Kanoon →Golak Nath v. State of Punjab
1967AIR 1967 SC 1643
Held (11-judge bench) that Parliament cannot abridge or take away fundamental rights. Later overruled in part by Kesavananda Bharati, but paved the way for the basic structure doctrine.
View on Indian Kanoon →Maneka Gandhi v. Union of India
1978AIR 1978 SC 597
Expanded Article 21 beyond mere procedure — any law or action affecting life/liberty must pass tests of fairness, justness, and reasonableness. Interconnected fundamental rights as a living document.
View on Indian Kanoon →