Fundamental Rights and Duties of the Indian Constitution: Part III (Articles 12–35), the 11 Fundamental Duties (Article 51A), Enforcement and FAQs

The fundamental rights of the Indian Constitution are in Part III, headed “Fundamental Rights”, which runs from Article 12 to Article 35. They fall into six groups: the right to equality (Articles 14–18), the right to freedom (Articles 19–22), the right against exploitation (Articles 23–24), the right to freedom of religion (Articles 25–28), cultural and educational rights (Articles 29–30) and the right to constitutional remedies (Article 32). They are justiciable: Article 32 guarantees “The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part”, and Article 226 lets every High Court issue writs for the same purpose.

The fundamental duties are in Part IVA, headed “Fundamental Duties”, which has a single article, Article 51A. It lists eleven duties of “every citizen of India”, clauses (a) to (k). Part IVA was inserted by the Constitution (Forty-second Amendment) Act, 1976 with effect from 3 January 1977, and clause (k), the duty of a parent or guardian to provide opportunities for education to a child between six and fourteen, was added by the Constitution (Eighty-sixth Amendment) Act, 2002 with effect from 1 April 2010. The Supreme Court has said that fundamental duties are “not enforceable by a writ of the court”, but “provide a valuable guide and aid to interpretation of constitutional and legal issues”. In the official Hindi text the two Parts are called “मूल अधिकार” and “मूल कर्तव्य”.

Reviewed and updated by Century Law Firm, Delhi – October 2026. Statutory references are to the Acts as in force on that date. The Constitution is quoted from the Legislative Department’s English edition as on 10 September 2026 and its Hindi edition as on 1 May 2024, the Constituent Assembly Debates from the Lok Sabha Secretariat’s reprint published on the Supreme Court’s website, and the judgments from the Supreme Court’s own copies.

Which Part of the Constitution deals with fundamental rights and duties?

Part III (Articles 12 to 35) deals with fundamental rights, and Part IVA (Article 51A) deals with fundamental duties. Between them is Part IV (Articles 36 to 51), the Directive Principles of State Policy, which are instructions to the State rather than rights of individuals. All three Parts come right after the Preamble, Part I (the Union and its territory) and Part II (citizenship).

Part	Articles	Heading in the Constitution	Can a court enforce it?
Part III	12 to 35	Fundamental Rights (मूल अधिकार)	Yes – Article 32 (Supreme Court) and Article 226 (High Courts)
Part IV	36 to 51	Directive Principles of State Policy (राज्य की नीति के निदेशक तत्त्व)	No – Article 37: “shall not be enforceable by any court”
Part IVA	51A	Fundamental Duties (मूल कर्तव्य)	Not by a writ; used by courts as a guide to interpretation

Part III has been in the Constitution from the start: the Constitution was adopted on 26 November 1949 and, under Article 394, most of it, including Part III, came into force on 26 January 1950. Part IVA was inserted with effect from 3 January 1977. The official PDFs of the Constitution in English, Hindi and several regional languages are published by the Legislative Department of the Ministry of Law and Justice at legislative.gov.in.

What are fundamental rights?

Fundamental rights are the rights listed in Part III that the Constitution guarantees against “the State” and that a person can enforce directly in the Supreme Court or a High Court. What makes them “fundamental” in a legal sense is two things: a law that takes them away is void (Article 13), and the right to go to the Supreme Court to enforce them is itself a guaranteed right (Article 32).

Article 12: who is “the State”?

Most fundamental rights are written as limits on “the State”. Article 12 says that, in Part III, “the State” “includes the Government and Parliament of India and the Government and the Legislature of each of the States and all local or other authorities within the territory of India or under the control of the Government of India.” So local bodies and other authorities are bound too.

A few rights are worded more widely. Article 15(2) bars any disability in access to shops, public restaurants, hotels, places of public entertainment, wells, tanks, bathing ghats, roads and places of public resort; Article 17 abolishes “Untouchability” and makes its enforcement an offence; Article 23 prohibits traffic in human beings and forced labour; and Article 24 forbids employing a child below fourteen in a factory, mine or other hazardous employment. These are not addressed only to the State.

Article 13: laws that violate fundamental rights are void

Article 13(2) reads: “The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.” Article 13(1) does the same for laws that existed before 26 January 1950, and Article 13(3) defines “law” widely to include “any Ordinance, order, bye-law, rule, regulation, notification, custom or usage having in the territory of India the force of law”. Article 13(4), inserted in 1971, says the article does not apply to constitutional amendments made under Article 368. This is the basis of judicial review of laws; the firm’s guide to Article 13 of the Indian Constitution explains it in detail.

Who can claim fundamental rights: every person or only citizens?

It depends on the article, and the words of each article decide it. Where the Constitution says “any person”, “no person” or “all persons”, the right protects everyone in India, including foreign nationals. Where it says “citizen”, only Indian citizens can claim it.

Protected	Articles	Words used in the Constitution
Every person (citizens and foreigners)	14, 20, 21, 22 (clauses (1) and (2) do not apply to an enemy alien), 25, 27, 28(3)	“any person”, “No person”, “Every person”, “all persons”
Citizens only	15, 16, 18(2), 19, 29	“any citizen”, “all citizens”, “No citizen”, “Any section of the citizens”
Particular groups	24, 30	“No child below the age of fourteen years”; “All minorities, whether based on religion or language”

List of fundamental rights: all the Articles of Part III

Part III is arranged under headings printed in the Constitution itself. The table gives every article from 12 to 35 with its heading, which is the most reliable “list” of fundamental rights. The official Hindi headings are in the Hindi section further below.

Group (heading in the Constitution)	Article and its heading
General	12 Definition; 13 Laws inconsistent with or in derogation of the fundamental rights
Right to Equality	14 Equality before law; 15 Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth; 16 Equality of opportunity in matters of public employment; 17 Abolition of Untouchability; 18 Abolition of titles
Right to Freedom	19 Protection of certain rights regarding freedom of speech, etc.; 20 Protection in respect of conviction for offences; 21 Protection of life and personal liberty; 21A Right to education; 22 Protection against arrest and detention in certain cases
Right against Exploitation	23 Prohibition of traffic in human beings and forced labour; 24 Prohibition of employment of children in factories, etc.
Right to Freedom of Religion	25 Freedom of conscience and free profession, practice and propagation of religion; 26 Freedom to manage religious affairs; 27 Freedom as to payment of taxes for promotion of any particular religion; 28 Freedom as to attendance at religious instruction or religious worship in certain educational institutions
Cultural and Educational Rights	29 Protection of interests of minorities; 30 Right of minorities to establish and administer educational institutions
(Right to Property – omitted)	31 Compulsory acquisition of property – omitted by the 44th Amendment from 20 June 1979
Saving of Certain Laws	31A Saving of laws providing for acquisition of estates, etc.; 31B Validation of certain Acts and Regulations; 31C Saving of laws giving effect to certain directive principles; 31D omitted
Right to Constitutional Remedies	32 Remedies for enforcement of rights conferred by this Part; 32A omitted; 33 Power of Parliament to modify the rights conferred by this Part in their application to Forces, etc.; 34 Restriction on rights conferred by this Part while martial law is in force in any area; 35 Legislation to give effect to the provisions of this Part

The six groups of fundamental rights explained

Each right below is summarised briefly in the Constitution’s own words. Articles 13, 14, 19 and 21 and the right to privacy have their own detailed guides on this blog, linked in each section.

1. Right to equality (Articles 14 to 18)

Article 14 says: “The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.” It protects every person, not only citizens, and it is the article most often used to challenge arbitrary government action. The firm’s guide to Article 14: equality before law explains reasonable classification and the rule against arbitrariness.

Article 15 forbids the State to discriminate against any citizen “on grounds only of religion, race, caste, sex, place of birth or any of them”, and clause (2) forbids any disability on those grounds in access to shops, public restaurants, hotels, places of public entertainment and public places such as wells, tanks, roads and bathing ghats. The State may still make special provisions for women and children (clause (3)), for socially and educationally backward classes, Scheduled Castes and Scheduled Tribes (clauses (4) and (5)), and, since 14 January 2019, for economically weaker sections, with a maximum of ten per cent of seats in each category for admissions (clause (6)).

Article 16 guarantees “equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State”, and bars discrimination on grounds of religion, race, caste, sex, descent, place of birth or residence. It allows reservation for backward classes not adequately represented in State services (clause (4)), reservation in promotion for Scheduled Castes and Scheduled Tribes (clause (4A)), carrying forward unfilled reserved vacancies (clause (4B)) and, since 2019, up to ten per cent of posts for economically weaker sections (clause (6)).

Article 17 reads: “‘Untouchability’ is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of ‘Untouchability’ shall be an offence punishable in accordance with law.” Article 18 stops the State from conferring titles other than military or academic distinctions and forbids citizens from accepting titles from a foreign State.

2. Right to freedom (Articles 19 to 22)

Article 19(1) gives all citizens six freedoms: “(a) to freedom of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions or co-operative societies; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; … (g) to practise any profession, or to carry on any occupation, trade or business.” Sub-clause (f), the right to property, was omitted with effect from 20 June 1979. Clauses (2) to (6) allow “reasonable restrictions” on stated grounds, for example, for speech, “the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offence.” See the firm’s guide to Article 19 and the six freedoms.

Article 20 protects every person accused of an offence in three ways: no conviction except for breaking a law in force at the time of the act, and no heavier penalty than that law allowed (clause (1)); “No person shall be prosecuted and punished for the same offence more than once” (clause (2), the bar on double jeopardy); and “No person accused of any offence shall be compelled to be a witness against himself” (clause (3)).

Article 21 reads: “No person shall be deprived of his life or personal liberty except according to procedure established by law.” In Maneka Gandhi v. Union of India (1978) the Supreme Court tied the procedure under Article 21 to the equality guarantee: as the official headnote of Justice Bhagwati’s opinion records, “the procedure contemplated by Article 21 must answer the test of reasonableness in order to be in conformity with Article 14. It must be right and just and fair and not arbitrary, fanciful or oppressive.” Because Articles 14, 19 and 21 are so often read together, students commonly call them the “golden triangle”. On 24 August 2017 nine judges held in Justice K.S. Puttaswamy (Retd.) v. Union of India that “The right to privacy is protected as an intrinsic part of the right to life and personal liberty under Article 21 and as a part of the freedoms guaranteed by Part III of the Constitution.” For the many rights the courts have read into Article 21, see the firm’s guides to Article 21: right to life and personal liberty and to the right to privacy.

Article 21A, inserted by the 86th Amendment with effect from 1 April 2010, says: “The State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.” The same amendment rewrote Article 45 (a Directive Principle) to cover early childhood care and education until the age of six, and added duty (k) to Article 51A.

Article 22 gives an arrested person the right to be told the grounds of arrest “as soon as may be” and “to consult, and to be defended by, a legal practitioner of his choice”, and requires production “before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey”. These two safeguards do not apply to an enemy alien or to a person held under a preventive detention law; for preventive detention, clauses (4) to (7) generally require an Advisory Board’s report for detention beyond three months and the earliest opportunity to make a representation. The remedy against illegal detention is a writ of habeas corpus.

3. Right against exploitation (Articles 23 and 24)

Article 23(1) reads: “Traffic in human beings and begar and other similar forms of forced labour are prohibited and any contravention of this provision shall be an offence punishable in accordance with law.” The prohibition is general; it is not limited to citizens or to the State. Clause (2) lets the State impose compulsory service for public purposes, without discrimination on grounds only of religion, race, caste or class. Article 24 reads: “No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.”

4. Right to freedom of religion (Articles 25 to 28)

Article 25(1) says: “Subject to public order, morality and health and to the other provisions of this Part, all persons are equally entitled to freedom of conscience and the right freely to profess, practice and propagate religion.” It is a right of all persons, not only citizens. The State may still regulate “any economic, financial, political or other secular activity which may be associated with religious practice” and may legislate for social welfare and reform (clause (2)).

Article 26 lets every religious denomination establish religious and charitable institutions, manage its own affairs in matters of religion and own and administer property in accordance with law. Article 27 bars compelling anyone to pay taxes earmarked for promoting a particular religion. Article 28 forbids religious instruction in institutions wholly maintained out of State funds, and protects students in recognised or aided institutions from compulsory religious instruction or worship.

5. Cultural and educational rights (Articles 29 and 30)

Article 29(1) gives “Any section of the citizens … having a distinct language, script or culture of its own” the right to conserve it, and Article 29(2) forbids denying admission to a State-maintained or State-aided institution “on grounds only of religion, race, caste, language or any of them”. Article 30(1) reads: “All minorities, whether based on religion or language, shall have the right to establish and administer educational institutions of their choice.” The State must not discriminate in giving aid to an institution because it is under minority management (clause (2)), and any compulsory acquisition of a minority institution’s property must not fix an amount that restricts or abrogates this right (clause (1A)). Contrary to what is sometimes written, the general right to education is not in this group; it is Article 21A.

Articles 31A to 31C: saving of certain laws

After Article 31 was omitted, Part III still contains three articles headed “Saving of Certain Laws”. Article 31A protects laws for the acquisition of estates and similar measures from challenge under Articles 14 and 19. Article 31B, by its words, protects the Acts and Regulations listed in the Ninth Schedule from being void for inconsistency with Part III. Article 31C protects laws giving effect to certain Directive Principles from challenge under Articles 14 and 19; the Legislative Department’s edition notes in its footnotes that part of Article 31C was struck down in Kesavananda Bharati and that the 42nd Amendment’s extension of it was declared invalid in Minerva Mills.

6. Right to constitutional remedies (Article 32)

Article 32(1) reads: “The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.” Clause (2) gives the Supreme Court power “to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate”, and clause (4) says the right “shall not be suspended except as otherwise provided for by this Constitution.” Article 226 gives the High Courts a similar power, and a wider one, since they may issue writs “for the enforcement of any of the rights conferred by Part III and for any other purpose”. The procedure is explained in the firm’s guide to writ petitions under Articles 32 and 226, and public-spirited petitions in its guide to public interest litigation.

Article 32 is often described as “the most important fundamental right”. That is not a legal ranking; the description goes back to Dr B.R. Ambedkar’s speech in the Constituent Assembly on 9 December 1948 on the draft article that became Article 32: “If I was asked to name any particular article in this Constitution as the most important—an article without which this Constitution would be a nullity—I could not refer to any other article except this one. It is the very soul of the Constitution and the very heart of it”. He explained why: the writs “could not be taken away unless and until the Constitution itself is amended”, which he called “one of the greatest safeguards that can be provided for the safety and security of the individual.”

Articles 33 to 35

Article 33 lets Parliament restrict or abrogate the rights of the Armed Forces, forces charged with maintaining public order, intelligence organisations and their telecommunication staff “so as to ensure the proper discharge of their duties and the maintenance of discipline among them.” Article 34 deals with martial law. Article 35 reserves to Parliament the power to legislate on these matters and to punish the offences declared in Part III, such as those under Articles 17 and 23.

Are fundamental rights justiciable?

Yes. Fundamental rights are justiciable, which means a person can go to court to enforce them. Three provisions make this so. Article 13 makes any law that takes away or abridges a fundamental right void to that extent. Article 32 makes the right to approach the Supreme Court for enforcement a fundamental right in itself. Article 226 empowers every High Court to issue writs to enforce Part III. The Directive Principles in Part IV are the opposite: Article 37 says they “shall not be enforceable by any court”, although they are “nevertheless fundamental in the governance of the country”.

As the official headnote of Minerva Mills (1980) puts it, without judicial review “the fundamental rights conferred upon the people will become a mere adornment because rights without remedies are as writ in water”. In practice the remedy is a writ petition in the High Court under Article 226 or in the Supreme Court under Article 32.

Are fundamental rights absolute? Restrictions, amendment and emergency

Reasonable restrictions

No. Most rights carry their own limits. The freedoms in Article 19(1) are subject to “reasonable restrictions” on the grounds listed in clauses (2) to (6), such as public order, morality, the security of the State and the interests of the general public. Article 25 is “Subject to public order, morality and health”. Article 21 allows deprivation of life or liberty “according to procedure established by law”, a procedure which, after Maneka Gandhi, must be fair, just and reasonable. Article 33 permits Parliament to restrict the rights of the armed forces and police.

Can fundamental rights be amended?

Yes, but only within limits. Article 368 lets Parliament amend any provision of the Constitution, Part III included, by a Bill passed in each House by a majority of its total membership and two-thirds of members present and voting; Part III is not among the provisions that also need ratification by half the States. Article 13(4), inserted in 1971, says Article 13 does not apply to such amendments. In Kesavananda Bharati v. State of Kerala (24 April 1973) a majority of the thirteen judges held, in the words of the official headnote, that “The power to amend does not include the power to alter the basic structure or framework of the Constitution so as to change its identity.” In Minerva Mills (31 July 1980) the Court struck down clauses (4) and (5), which the 42nd Amendment had added to Article 368 to bar judicial review of amendments and to declare the amending power unlimited, holding that “The power to destroy is not a power to amend.”

Can fundamental rights be suspended?

Only during a Proclamation of Emergency, and only in part. Under Article 358, while an Emergency declared on the ground that the security of India is threatened “by war or by external aggression” is in operation, Article 19 does not restrict the State’s power to make laws or take executive action. Under Article 359, the President may by order suspend the right to move any court for the enforcement of the rights in Part III that the order names, “except articles 20 and 21”. Both limits, the war-or-external-aggression condition and the protection of Articles 20 and 21, were added by the Constitution (Forty-fourth Amendment) Act, 1978 with effect from 20 June 1979. The firm’s guide to Emergency provisions (Articles 352 to 360) covers these in detail.

Is the right to property a fundamental right?

No, not since 20 June 1979. When the Constitution began, property was protected in Part III by Article 19(1)(f) and by Article 31 (“Compulsory acquisition of property”), under the sub-heading “Right to Property”. The Constitution (Forty-fourth Amendment) Act, 1978 omitted Article 19(1)(f), omitted Article 31 and the sub-heading “Right to Property” in Part III, and inserted Article 300A in Part XII, under a new Chapter IV headed “Right to Property”, all with effect from 20 June 1979. Article 300A reads: “No person shall be deprived of his property save by authority of law.”

So the right to property is now a constitutional right, not a fundamental right. The Supreme Court put it this way in Vidya Devi v. State of Himachal Pradesh (8 January 2020): “The right to property ceased to be a fundamental right by the Constitution (Forty Fourth Amendment) Act, 1978, however, it continued to be a human right in a welfare State, and a Constitutional right under Article 300 A of the Constitution.” The Court added that “The State cannot dispossess a citizen of his property except in accordance with the procedure established by law”. On the text of Articles 32 and 226, because it is no longer in Part III, Article 32, which is limited to “the rights conferred by this Part”, does not cover it; a High Court can still be approached under Article 226, whose writ power extends to “any other purpose”.

Fundamental duties: Article 51A in full

Article 51A begins: “It shall be the duty of every citizen of India—” and then lists eleven duties. This is the exact text of the Legislative Department’s 2026 edition:

• (a) “to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;”
• (b) “to cherish and follow the noble ideals which inspired our national struggle for freedom;”
• (c) “to uphold and protect the sovereignty, unity and integrity of India;”
• (d) “to defend the country and render national service when called upon to do so;”
• (e) “to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;”
• (f) “to value and preserve the rich heritage of our composite culture;”
• (g) “to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;”
• (h) “to develop the scientific temper, humanism and the spirit of inquiry and reform;”
• (i) “to safeguard public property and to abjure violence;”
• (j) “to strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement;”
• (k) “who is a parent or guardian to provide opportunities for education to his child or, as the case may be, ward between the age of six and fourteen years.”

Clauses (a) to (j) were inserted by section 11 of the Constitution (Forty-second Amendment) Act, 1976 with effect from 3 January 1977. Clause (k) was inserted by section 4 of the Constitution (Eighty-sixth Amendment) Act, 2002 with effect from 1 April 2010, together with Article 21A. Some lists of the duties, including an earlier version of this page, leave out the second half of clause (e), “to renounce practices derogatory to the dignity of women”; it is part of the text.

The firm has also published a short video in Hindi on the eleven duties:

What the duties ask of a citizen

The duties fall into a few natural groups. Clauses (a) to (d) concern the nation: the Constitution and its symbols, the ideals of the freedom struggle, the sovereignty, unity and integrity of India, and national service “when called upon to do so”. Clauses (e) and (f) concern society: brotherhood across religious, linguistic and regional lines, the dignity of women and India’s “composite culture”. Clause (g) concerns the environment (see the firm’s guide to the Environment (Protection) Act, 1986). Clauses (h) to (j) concern the citizen’s own conduct, and clause (k) is addressed only to parents and guardians.

The constitutional duty to preserve heritage is clause (f), “to value and preserve the rich heritage of our composite culture”; on the State’s side, Article 49, a Directive Principle, makes it “the obligation of the State” to protect every monument, place or object of artistic or historic interest declared by or under a law made by Parliament to be of national importance.

Are fundamental duties enforceable?

Not in the way fundamental rights are. Part IVA has no counterpart to Article 32 and, as the AIIMS judgment indicates, a writ petition cannot be filed simply to make a citizen perform a duty. The Supreme Court said so in A.I.I.M.S. Students Union v. A.I.I.M.S. (24 August 2001): “Fundamental duties, as defined in Article 51A, are not made enforceable by a writ of court just as the fundamental rights are, but it cannot be lost sight of that duties in Part IVA – Article 51A are prefixed by the same word fundamental which was prefixed by the founding fathers of the Constitution to rights in Part III.”

That does not make them meaningless. In the same judgment the Court held: “Fundamental duties, though not enforceable by a writ of the court, yet provide a valuable guide and aid to interpretation of constitutional and legal issues. In case of doubt or choice, peoples wish as manifested through Article 51A, can serve as a guide not only for resolving the issue but also for constructing or moulding the relief to be given by the courts.” The Court referred to clause (j), the duty to strive for excellence, while striking down an institutional reservation at AIIMS as violating Article 14.

Can the duties be enforced through ordinary laws? The Constitution does not provide a penalty for breaching Article 51A itself. In Rangnath Mishra v. Union of India (order of 31 July 2003) the Supreme Court quoted the Justice J.S. Verma Committee on operationalising fundamental duties, which said: “It may be necessary to enact suitable legislation wherever necessary to require obedience of obligations by the citizens.” The Court directed the Central Government to consider the recommendations of that Committee and of the National Commission to Review the Working of the Constitution “in its right earnestness” and “to take appropriate steps for their implementation as expeditiously as possible.” In the firm’s reading, where a legislature makes a law on a subject covered by a duty, it is that law, not Article 51A, that a court enforces.

Do fundamental duties apply to the government?

The text says they are duties of “every citizen of India”. The Supreme Court noted in the AIIMS case that “though Article 51A does not expressly cast any fundamental duty on the State, the fact remains that the duty of every citizen of India is the collective duty of the State.” The duties of the State itself are found mainly in the Directive Principles of Part IV and in the limits that Part III places on State action.

How fundamental rights and duties relate: constitutional values and fundamental duties

The rights in Part III and the duties in Part IVA both grow out of the values stated in the Preamble, which promises all citizens “JUSTICE, social, economic and political; LIBERTY of thought, expression, belief, faith and worship; EQUALITY of status and of opportunity” and “FRATERNITY assuring the dignity of the individual and the unity and integrity of the Nation”. These are the constitutional values the fundamental duties reflect; the Justice Verma Committee, as quoted by the Supreme Court in Rangnath Mishra (2003), wanted “citizenship values which are a combination of rights and duties” taught through the “educational curriculum”. Duty (a) itself asks every citizen to respect the Constitution’s “ideals and institutions”. Liberty and equality are secured mainly by the rights in Part III; fraternity and the unity and integrity of the nation are echoed in duties (c) and (e).

The rights are not conditional on performing the duties: nothing in the Constitution says a person who neglects a duty loses a fundamental right. But the courts read the two together. In Javed v. State of Haryana (30 July 2003), upholding the two-child rule for panchayat posts, the Supreme Court said: “Fundamental rights are not to be read in isolation. They have to be read along with the Chapter on Directive Principles of State Policy and the Fundamental Duties enshrined in Article 51A.” The petition in Rangnath Mishra sought directions to educate citizens about duties “so that a right balance may emerge between rights and duties”.

Fundamental rights, Directive Principles and fundamental duties compared

Point	Fundamental rights	Directive Principles	Fundamental duties
Where	Part III, Articles 12–35	Part IV, Articles 36–51	Part IVA, Article 51A
Addressed to	Mainly the State (Article 12)	The State (Article 36)	Every citizen
Enforceable in court?	Yes – Articles 32 and 226	No – Article 37	Not by writ; aid to interpretation
In the Constitution since	26 January 1950	26 January 1950	3 January 1977 (clause (k): 1 April 2010)
Effect of a conflicting law	Void to the extent of conflict (Article 13)	The State must apply them in making laws	No direct effect on validity

On the relation between Parts III and IV, the official headnote of Minerva Mills records the Supreme Court’s view: “Parts III and IV are like two wheels of a chariot, one no less important than the other. Snap one and the other will lose its efficacy.” It added: “This harmony and balance between fundamental rights and directive principles is an essential feature of the basic structure of the Constitution.”

Landmark Supreme Court judgments on fundamental rights and duties

Case and date	What it decided (official text)
Kesavananda Bharati v. State of Kerala, 24 April 1973 (13 judges)	Parliament can amend Part III under Article 368, but “The power to amend does not include the power to alter the basic structure or framework of the Constitution so as to change its identity.”
Maneka Gandhi v. Union of India, 25 January 1978 (7 judges)	A procedure under Article 21 must satisfy Article 14: it must be “right and just and fair and not arbitrary, fanciful or oppressive”.
Minerva Mills v. Union of India, 31 July 1980 (5 judges)	Clauses (4) and (5) of Article 368 struck down; balance between Parts III and IV is part of the basic structure.
A.I.I.M.S. Students Union v. A.I.I.M.S., 24 August 2001	Fundamental duties are not enforceable by writ but are “a valuable guide and aid to interpretation”.
Javed v. State of Haryana, 30 July 2003	Fundamental rights “have to be read along with” the Directive Principles and the fundamental duties.
K.S. Puttaswamy v. Union of India, 24 August 2017 (9 judges)	Privacy is protected under Article 21 and as part of the freedoms in Part III.
Vidya Devi v. State of Himachal Pradesh, 8 January 2020	Property is no longer a fundamental right but remains a human right and a constitutional right under Article 300A.

Using this page for notes, an essay or a project

For notes, an essay or a project, follow the Constitution’s own order: where the rights and duties are (Parts III and IVA) and when they came in; the six groups of rights with their article numbers (the table above works as a chart); enforcement through Articles 32 and 226 and the limits on the rights; the move of property to Article 300A; the eleven duties in the words of Article 51A; and how rights, duties and Directive Principles work together. Quote the Constitution rather than paraphrases, and give the article number for every point.

मूल अधिकार और मूल कर्तव्य – हिंदी में सारांश (Fundamental Rights and Duties in Hindi)

भारत के संविधान के आधिकारिक हिंदी पाठ (विधायी विभाग, 1 मई 2024 को यथाविद्यमान) में भाग 3 का शीर्षक “मूल अधिकार” है और भाग 4क का शीर्षक “मूल कर्तव्य” है। बोलचाल में लोग “मौलिक अधिकार” और “मौलिक कर्तव्य” भी कहते हैं, पर संविधान के हिंदी पाठ में “मूल” शब्द है। मूल अधिकार अनुच्छेद 12 से 35 तक हैं और मूल कर्तव्य केवल एक अनुच्छेद, अनुच्छेद 51क, में हैं। इन दोनों के बीच भाग 4 है, जिसका शीर्षक “राज्य की नीति के निदेशक तत्त्व” है।

मूल अधिकारों के छह समूह हैं, और उनके आधिकारिक हिंदी शीर्षक ये हैं: समता का अधिकार (अनुच्छेद 14 से 18), स्वातंत्र्य-अधिकार (अनुच्छेद 19 से 22), शोषण के विरुद्ध अधिकार (अनुच्छेद 23 और 24), धर्म की स्वतंत्रता का अधिकार (अनुच्छेद 25 से 28), संस्कृति और शिक्षा संबंधी अधिकार (अनुच्छेद 29 और 30) तथा सांविधानिक उपचारों का अधिकार (अनुच्छेद 32)। कुछ प्रमुख अनुच्छेदों के आधिकारिक हिंदी शीर्षक हैं: अनुच्छेद 14 “विधि के समक्ष समता”, अनुच्छेद 17 “अस्पृश्यता का अंत”, अनुच्छेद 19 “वाक्-स्वातंत्र्य, आदि विषयक कुछ अधिकारों का संरक्षण”, अनुच्छेद 21 “प्राण और दैहिक स्वतंत्रता का संरक्षण” और अनुच्छेद 21क “शिक्षा का अधिकार”।

मूल अधिकार न्यायालय द्वारा लागू कराए जा सकते हैं। अनुच्छेद 32(1) का आधिकारिक हिंदी पाठ है: “इस भाग द्वारा प्रदत्त अधिकारों को प्रवर्तित कराने के लिए समुचित कार्यवाहियों द्वारा उच्चतम न्यायालय में समावेदन करने का अधिकार प्रत्याभूत किया जाता है ।” उच्चतम न्यायालय बंदी प्रत्यक्षीकरण, परमादेश, प्रतिषेध, अधिकार-पृच्छा और उत्प्रेषण रिट जारी कर सकता है, और अनुच्छेद 226 के अंतर्गत हर उच्च न्यायालय भी ऐसी रिट जारी कर सकता है। डॉ. भीमराव आंबेडकर ने 9 दिसंबर 1948 को संविधान सभा में इसी अनुच्छेद (उस समय प्रारूप का अनुच्छेद 25) को संविधान की आत्मा और हृदय (“the very soul of the Constitution and the very heart of it”) कहा था। इसके विपरीत, अनुच्छेद 37 के अनुसार निदेशक तत्त्व किसी न्यायालय द्वारा प्रवर्तनीय नहीं हैं।

कुछ अधिकार हर व्यक्ति को मिलते हैं, जिनमें विदेशी भी शामिल हैं (जैसे अनुच्छेद 14, 20, 21, 22 और 25; पर अनुच्छेद 22 के गिरफ्तारी संबंधी संरक्षण शत्रु देश के नागरिक, यानी enemy alien, पर लागू नहीं होते), जबकि कुछ केवल नागरिकों के लिए हैं (जैसे अनुच्छेद 15, 16, 19 और 29)। मूल अधिकार असीमित नहीं हैं: अनुच्छेद 19 की स्वतंत्रताओं पर संविधान में बताए गए आधारों पर उचित प्रतिबंध (reasonable restrictions) लगाए जा सकते हैं, संसद अनुच्छेद 368 के अंतर्गत भाग 3 में संशोधन कर सकती है पर केशवानंद भारती (1973) के अनुसार संविधान के मूल ढांचे को नहीं बदल सकती, और आपातकाल में राष्ट्रपति अनुच्छेद 359 के अंतर्गत अधिकारों का प्रवर्तन निलंबित कर सकते हैं, पर अनुच्छेद 20 और 21 का नहीं।

संपत्ति का अधिकार अब मूल अधिकार नहीं है। संविधान (चवालीसवां संशोधन) अधिनियम, 1978 ने 20 जून 1979 से अनुच्छेद 19(1)(च) और अनुच्छेद 31 को हटा दिया और अनुच्छेद 300क जोड़ा, जिसके अनुसार किसी व्यक्ति को विधि के प्राधिकार के बिना उसकी संपत्ति से वंचित नहीं किया जा सकता। उच्चतम न्यायालय ने विद्या देवी बनाम हिमाचल प्रदेश राज्य (8 जनवरी 2020) में कहा कि यह अब एक संवैधानिक अधिकार और मानव अधिकार है।

मूल कर्तव्य संविधान (बयालीसवां संशोधन) अधिनियम, 1976 द्वारा 3 जनवरी 1977 से जोड़े गए, और ग्यारहवां कर्तव्य (ट) संविधान (छियासीवां संशोधन) अधिनियम, 2002 द्वारा 1 अप्रैल 2010 से जोड़ा गया। अनुच्छेद 51क का आधिकारिक हिंदी पाठ इस प्रकार है: “भारत के प्रत्येक नागरिक का यह कर्तव्य होगा कि वह— (क) संविधान का पालन करे और उसके आदर्शों, संस्थाओं, राष्ट्र ध्वज और राष्ट्रगान का आदर करे; (ख) स्वतंत्रता के लिए हमारे राष्ट्रीय आंदोलन को प्रेरित करने वाले उच्च आदर्शों को हृदय में संजोए रखे और उनका पालन करे; (ग) भारत की प्रभुता, एकता और अखंडता की रक्षा करे और उसे अक्षुण्ण रखे; (घ) देश की रक्षा करे और आह्वान किए जाने पर राष्ट्र की सेवा करे; (ङ) भारत के सभी लोगों में समरसता और समान भ्रातृत्व की भावना का निर्माण करे जो धर्म, भाषा और प्रदेश या वर्ग पर आधारित सभी भेदभाव से परे हो, ऐसी प्रथाओं का त्याग करे जो स्त्रियों के सम्मान के विरुद्ध है; (च) हमारी सामासिक संस्कृति की गौरवशाली परंपरा का महत्व समझे और उसका परिरक्षण करे; (छ) प्राकृतिक पर्यावरण की, जिसके अंतर्गत वन, झील, नदी और वन्य जीव हैं, रक्षा करे और उसका संवर्धन करे तथा प्राणि मात्र के प्रति दयाभाव रखे; (ज) वैज्ञानिक दृष्टिकोण, मानववाद और ज्ञानार्जन तथा सुधार की भावना का विकास करे; (झ) सार्वजनिक संपत्ति को सुरक्षित रखे और हिंसा से दूर रहे; (ञ) व्यक्तिगत और सामूहिक गतिविधियों के सभी क्षेत्रों में उत्कर्ष की ओर बढ़ने का सतत प्रयास करे जिससे राष्ट्र निरंतर बढ़ते हुए प्रयत्न और उपलब्धि की नई ऊंचाइयों को छू ले; (ट) यदि माता-पिता या संरक्षक है, छह वर्ष से चौदह वर्ष तक की आयु वाले अपने, यथास्थिति, बालक या प्रतिपाल्य के लिए शिक्षा के अवसर प्रदान करे।”

क्या मूल कर्तव्य न्यायालय में लागू कराए जा सकते हैं? उच्चतम न्यायालय ने एम्स स्टूडेंट्स यूनियन बनाम एम्स (24 अगस्त 2001) में कहा कि मूल कर्तव्य रिट द्वारा प्रवर्तनीय नहीं हैं, पर संवैधानिक और कानूनी प्रश्नों की व्याख्या में वे मूल्यवान मार्गदर्शक हैं। जावेद बनाम हरियाणा राज्य (30 जुलाई 2003) में न्यायालय ने कहा कि मूल अधिकारों को अलग-थलग नहीं, बल्कि निदेशक तत्त्वों और अनुच्छेद 51क के मूल कर्तव्यों के साथ पढ़ा जाना चाहिए। इस खंड में भागों और अनुच्छेदों के शीर्षक, अनुच्छेद 32(1) और अनुच्छेद 51क संविधान के आधिकारिक हिंदी पाठ से उद्धृत हैं; शेष भाग फर्म का सरल सारांश है।

Fundamental rights and duties in Marathi, Kannada, Malayalam and Bengali

The Legislative Department also publishes the Constitution in regional languages. The Part headings below are transcribed exactly from the contents pages of the editions named; nothing else from these editions is quoted on this page.

Language (edition)	Part III	Part IVA
Marathi (English-Marathi diglot, as modified up to 1 May 2025)	भाग तीन – मूलभूत हक्क	भाग चार क – मूलभूत कर्तव्ये
Kannada (English-Kannada diglot, as on 11 November 2025)	ಭಾಗ III – ಮೂಲಭೂತ ಹಕ್ಕುಗಳು	ಭಾಗ IVಎ – ಮೂಲಭೂತ ಕರ್ತವ್ಯಗಳು
Malayalam (English-Malayalam diglot, second edition 2024)	ഭാഗം III – മൗലികാവകാശങ്ങൾ	ഭാഗം IVക – മൗലിക കർത്തവ്യങ്ങൾ
Bengali (as amended up to the 104th Amendment Act, 2019)	ভাগ ৩ – মৌলিক অধিকারসমূহ	ভাগ ৪ক – মৌলিক কর্তব্যসমূহ

Frequently asked questions

Conclusion

The fundamental rights in Part III (Articles 12 to 35) are the enforceable core of the Constitution: equality, the freedoms of Article 19, protection in criminal cases, life and personal liberty, education for children, freedom from exploitation, freedom of religion, minority rights and, holding them all together, the right to go to the Supreme Court under Article 32. They bind the State, they can be restricted only on the grounds the Constitution allows, they can be amended only within the basic structure, and even in an Emergency Articles 20 and 21 stay enforceable. The right to property left Part III in 1979 and survives as Article 300A.

The eleven fundamental duties in Article 51A ask citizens to respect the Constitution and its symbols, protect the unity of the country, live in harmony, respect women, preserve heritage and the environment, think scientifically, protect public property, strive for excellence and educate their children. A court will not issue a writ to enforce them, but the Supreme Court uses them as a guide when it interprets laws, and it reads them together with the rights and the Directive Principles.

Sources used for this post: the Constitution of India – Preamble, Articles 12 to 35, 36, 37, 45, 49, 51A, 226, 300A, 358, 359, 368 and 394 – in the Legislative Department’s English edition as on 10 September 2026 (including its footnotes on the 1st, 24th, 42nd, 43rd, 44th, 50th, 77th, 81st, 85th, 86th, 93rd, 97th and 103rd Amendments), and the Legislative Department’s Hindi version as on 1 May 2024 (Part 3 headings and article titles, Articles 21, 32 and 51क), with the Part headings from its Marathi (as modified up to 1 May 2025), Kannada (as on 11 November 2025), Malayalam (second diglot edition, 2024) and Bengali (as amended up to the 104th Amendment Act, 2019) editions; the Constituent Assembly Debates, Volume VII, 9 December 1948 (Lok Sabha Secretariat reprint, on the Supreme Court’s website); the Supreme Court’s official copies or official headnotes of Kesavananda Bharati v. State of Kerala (24 April 1973), Maneka Gandhi v. Union of India (25 January 1978), Minerva Mills Ltd. v. Union of India (31 July 1980), A.I.I.M.S. Students Union v. A.I.I.M.S. (C.A. 7366 of 1996, 24 August 2001), Javed v. State of Haryana (W.P.(C) 302 of 2001, 30 July 2003), Rangnath Mishra v. Union of India (W.P.(C) 239 of 1998, order of 31 July 2003), Justice K.S. Puttaswamy (Retd.) v. Union of India (W.P.(C) 494 of 2012, 24 August 2017) and Vidya Devi v. State of Himachal Pradesh (8 January 2020).