Inclusion of Fundamental Rights in Part III of the Constitution :

Part III of the Indian Constitution guarantees six categories of fundamental rights. These are:

(i) Right to Equality – Articles 14 to 18;

(ii) Right to Freedom – Articles 19 to 22;

(iii) Right against Exploitation – Articles 23 and 24;

(iv) Right to Freedom of Religion – Articles 25 to 28;

(v) Cultural and Educational Rights – Articles 29 and 30;

(vi) Right to Constitutional Remedies – Articles 32.

[Earlier the right to property under Article 31 was also guaranteed as a Fundamental Right which has been removed by the 44th Constitutional Amendment Act, 1978. Now right to property is not a fundamental right, it is now only a legal right.

Apart from this, Articles 12 and 13 deal with definition of ‘State’ and ‘Law’ respectively. Articles 33 to 35 deal with the general provisions relating to Fundamental Rights. No fundamental right in India is absolute and reasonable restrictions can be imposed in the interest of the state by valid legislation and in such case the Court normally would respect the legislative policy behind the same. People’s Union for Civil Liberties v. Union of India, (2004) 2 SCC 476.

From the point of view of persons to whom the rights are available, the fundamental rights may be classified as follows:

(a) Articles 15, 16, 19 and 30 are guaranteed only to citizens.

(b) Articles 14, 20, 21, 22, 23, 25, 27 and 28 are available to any person on the soil of India—citizen or foreigner.

(c) The rights guaranteed by Articles 15, 17, 18, 20, 24 are absolute limitations upon the legislative power.

For convenience as well as for their better understanding it is proper to take each of these separately. But some related terms are necessary to be understood first.