What are my Fundamental Rights?
Simple answer
Fundamental Rights are the basic rights in Part III of the Constitution. There are six groups: equality, freedom, protection from exploitation, freedom of religion, cultural and educational rights, and the right to go to court to enforce them. They mainly protect you against the government and its bodies.
Real-life examples
Joseph holds a peaceful prayer meeting in his own home. Local officials order him to stop without any legal reason. This affects his freedom of religion (Article 25), and he can challenge the order in the High Court.
Arjun's classmate, a foreign student in Pune, is held by police without being told why. Articles 21 and 22 protect every person, not only citizens. But some rights, like free speech under Article 19, are only for citizens.
Rahul's private employer cuts his salary unfairly. This is usually not a Fundamental Rights case, because a private company is not 'the State'. He should use labour law or a civil case instead.
What should you do?
- 1Check who violated your right — a government body (police, government school, public sector company) or a private person.
- 2Write a complaint to the senior officer or the head of the department, and keep a dated copy.
- 3For police abuse or custodial violence, also complain to the State or National Human Rights Commission.
- 4If the violation continues, file a writ petition in the High Court (Article 226) or the Supreme Court (Article 32).
- 5Can't afford a lawyer? Call NALSA at 15100 for free legal aid.
Exceptions & limits
- Most rights are not absolute. A reasonable law can limit them — for example, free speech can be limited for public order or to prevent defamation.
- During a national Emergency, court enforcement of many rights can be suspended — but never Articles 20 and 21 (protection in criminal cases and right to life).
- The right to property is no longer a Fundamental Right. It is now a constitutional right under Article 300A: the government can take property only under a law.
Official legal reference
Constitution of India — Articles 12–35 (Part III)
Lists the Fundamental Rights. 'The State' includes governments, legislatures and local and other public authorities; laws that violate these rights are void.
Constitution of India — Article 32
Right to move the Supreme Court to enforce Fundamental Rights — this right is itself a Fundamental Right.
Constitution of India — Article 359
During an Emergency, the President can suspend court enforcement of Fundamental Rights, except Articles 20 and 21.
Constitution of India — Article 300A
No person can be deprived of property except by authority of law.
Where to get help
NALSA Free Legal Aid
Free lawyer and legal advice for eligible people through Legal Services Authorities.
National Human Rights Commission
Complaints about human rights violations, including custodial abuse.
Source & status
- Applies to
- All of India
- Law in force since
- 26 Jan 1950
- Legal review
- Draft — awaiting lawyer review
Educational information, not legal advice for your case. Exact facts and the law that applies matter — speak to a lawyer before acting.
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