Fundamental Rights: exploitation, religion, culture, remedies (Articles 23 to 32)
This lesson finishes Part III, the Fundamental Rights: Articles 23 to 32. You will meet the remaining groups of rights: the Right against Exploitation, the Right to Freedom of Religion, Cultural and Educational Rights and the Right to Constitutional Remedies, with the five writs that make every right enforceable. You will also see why property is no longer on the list.
Guess first
Part III ends with the Right to Constitutional Remedies. NCERT reports that Dr. Ambedkar called it the "heart and soul of the constitution". Its tools are writs: court orders with old Latin names. Guess what this one does.
Guess first: which writ makes the court order that an arrested person be presented before it?
Show answer
Correct answer: A
NCERT: "A writ of habeas corpus means that the court orders that the arrested person should be presented before it." The court can also set the person free if the arrest is not lawful.
Option B: Mandamus is issued when an office holder is "not doing legal duty".
Option C: Quo warranto is issued when a person holds an office he is "not entitled to hold".
Option D: Certiorari orders a lower court or authority to transfer a pending matter to a higher court.
Hint: Think of the writ that protects a person who has been arrested.
An everyday picture
Think of the signals a referee gives during a match.
The five writs work like a referee's signals:
Bring the player to me habeas corpus
the court orders that the arrested person be presented before it
Do your job mandamus
an office holder is not doing legal duty
Stop, this is not your match prohibition
a lower court is going beyond its jurisdiction
Who gave you this post? quo warranto
a person holds an office he is not entitled to hold
Send the file up certiorari
a lower court or authority must transfer a pending matter to a higher court
The picture has one limit: a referee's signal is his own call, while a writ is an order of a court: the Supreme Court under Article 32, or a High Court under Article 226.
See it: the six groups of Part III
flowchart TD P["Part III: six groups of rights"] --> A["Right to Equality: Articles 14 to 18"] P --> B["Right to Freedom: Articles 19 to 22"] P --> C["Right against Exploitation: Articles 23 and 24"] P --> D["Right to Freedom of Religion: Articles 25 to 28"] P --> E["Cultural and Educational Rights: Articles 29 and 30"] P --> F["Right to Constitutional Remedies: Article 32"]
The previous lesson covered equality and freedom. This lesson covers the rest:
| Group | Articles | What they protect |
|---|---|---|
| Right against Exploitation | 23 and 24 | no traffic in human beings, begar or other forced labour; no child below the age of fourteen years in a factory, mine or other hazardous employment |
| Right to Freedom of Religion | 25 to 28 | freedom of conscience and religion for all persons; managing religious affairs; no taxes for one religion; no religious instruction in institutions wholly maintained out of State funds |
| Cultural and Educational Rights | 29 and 30 | any section of the citizens may conserve its own language, script or culture; minorities may run educational institutions |
| Right to Constitutional Remedies | 32 | the right to move the Supreme Court to enforce these rights, with writs |
23 Exploitation, 25 Religion, 29 Culture, 32 Remedies. Each of these groups starts at the article number in front of its name.
Article 31, on the compulsory acquisition of property, was omitted by the 44th Amendment Act, 1978. NCERT: the 44th amendment "removed the right to property from the list of Fundamental Rights and converted it into a simple legal right". It now sits in Article 300A: "No person shall be deprived of his property save by authority of law."
Find the rule
Three quick checks on exploitation, religion and the writs.
Which article says that no child below the age of fourteen years shall be employed to work in any factory or mine?
Show answer
Correct answer: A
Article 24: "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."
Option B: Article 21A is the right to education, for children of six to fourteen years.
Option C: Article 23 prohibits traffic in human beings and forced labour.
Option D: Article 51A lists the Fundamental Duties.
Hint: It comes right after the article on traffic in human beings, in the Right against Exploitation.
Article 25 says that the wearing and carrying of kirpans is included in the profession of which religion?
Show answer
Correct answer: B
Article 25, Explanation I: "The wearing and carrying of kirpans shall be deemed to be included in the profession of the Sikh religion."
Option A: The Jaina religion is named in Explanation II of Article 25, which is about references to Hindus, not in the kirpan rule.
Option C: The Buddhist religion is also named in Explanation II, not in the kirpan rule.
Option D: Explanation II says a reference to Hindus in Article 25(2)(b) includes persons professing the Sikh, Jaina or Buddhist religion; the kirpan rule names the Sikh religion.
Hint: Explanation I of Article 25 names only one religion.
Which of these is NOT one of the writs named in Article 32(2)?
Show answer
Correct answer: C
Article 32(2) names habeas corpus, mandamus, prohibition, quo warranto and certiorari. The Constitution mentions an injunction in Article 226(3), on petitions to a High Court, as a kind of "interim order".
Option A: Habeas corpus is named first in Article 32(2).
Option B: Certiorari is named last in Article 32(2).
Option D: Quo warranto is named in Article 32(2), just before certiorari.
Hint: Article 32(2) names five writs. Count them on your fingers.
Name it: the right that guards the other rights
NCERT gives the reason the Right to Constitutional Remedies matters so much: it "gives a citizen the right to approach a High Court or the Supreme Court to get any of the fundamental rights restored in case of their violation".
The rule: Article 32 guarantees the right to move the Supreme Court to enforce the Fundamental Rights, and lets it issue the five writs. Article 226 gives every High Court the same writs "for the enforcement of any of the rights conferred by Part III and for any other purpose".
Article 32(4): "The right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution." The lesson on Emergency shows the exceptions.
Worked, half-done, solo
Question
Police detain Arjun and do not tell his family why. His family wants a court to see him. Which writ fits, and which courts can issue it?
Solution
- Name the problem
A person is held, and his family doubts that the arrest is lawful.
- Match the writ
NCERT: under habeas corpus "the court orders that the arrested person should be presented before it", and it can set him free if the arrest is not lawful.
- Pick the court
The Supreme Court can issue it under Article 32; a High Court can issue it under Article 226.
Answer: Habeas corpus, from the Supreme Court (Article 32) or a High Court (Article 226).
Watch out: habeas corpus is about a person who is held; mandamus is about an office holder who does not do his legal duty.
Now finish one that is half done.
Half done: A municipal officer refuses to issue a licence that the law says he must issue, and a citizen's right is hurt. In NCERT's words, the officer is "not doing legal duty". Which writ fits?
Show answer
Correct answer: A
NCERT: mandamus "is issued when the court finds that a particular office holder is not doing legal duty and thereby is infringing on the right of an individual".
Option B: Prohibition stops a lower court that is going beyond its jurisdiction.
Option C: Certiorari orders a lower court or authority to transfer a pending matter to a higher court.
Option D: Habeas corpus orders that an arrested person be presented before the court.
Hint: The officer has a duty and is not doing it.
And one on your own.
A man has been acting in a public office for months although he is not entitled to hold that office. Which writ can stop him from acting in it?
Show answer
Correct answer: C
NCERT: if a person "is holding office but is not entitled to hold that office", the court "issues the writ of quo warranto and restricts that person from acting as an office holder".
Option A: Certiorari moves a pending matter from a lower court or authority to a higher court.
Option B: Mandamus makes an office holder do his legal duty; here the question is his right to hold the office at all.
Option D: Prohibition is aimed at a lower court going beyond its jurisdiction.
Hint: Ask: by what right does he hold the office?
The traps
- Article 32 or Article 226: the Supreme Court's writ power in Article 32 is for the Fundamental Rights; a High Court's power in Article 226 is for Part III "and for any other purpose".
- Property: no longer a Fundamental Right. Article 31 was omitted by the 44th Amendment Act, 1978; Article 300A now protects property.
- The age in Article 24: below the age of fourteen years, in a factory, mine or other hazardous employment.
- Persons or citizens: Article 25 is for "all persons"; Article 29(1) is for "Any section of the citizens".
- Injunction: it is not one of the five writs that Article 32(2) names for the Supreme Court.
Ravi wrote: "Property is a Fundamental Right under Article 31." Under which article does the Constitution protect property today?
Show answer
Correct answer: A
Article 300A: "No person shall be deprived of his property save by authority of law." Article 31 was omitted by the 44th Amendment Act, 1978.
Option B: Article 31 was omitted; NCERT says the 44th amendment made property "a simple legal right".
Option C: Article 32 is the right to move the Supreme Court.
Option D: Article 21 protects life and personal liberty.
Hint: Today's article has a capital letter A at the end of its number.
Mixed check
Which of these Fundamental Rights is given only to citizens?
Show answer
Correct answer: C
Article 29(1) is for "Any section of the citizens" with "a distinct language, script or culture of its own". Article 25 is for "all persons", Article 21 begins "No person" and Article 14 protects "any person".
Option A: Article 25 says "all persons are equally entitled to freedom of conscience".
Option B: Article 21 begins "No person shall be deprived".
Option D: Article 14 protects "any person".
Hint: Look for the word "citizens" in the article's own text.
Quick reference
Fundamental Rights: Articles 23 to 32
- Article 23
- traffic in human beings, begar, forced labour prohibited; an offence
- Article 24
- children none below fourteen years in a factory, mine or hazardous employment
- Article 25
- conscience and religion for all persons; kirpans part of the Sikh religion (Explanation I)
- Article 26
- religious affairs a religious denomination manages its own affairs in matters of religion
- Article 27
- taxes no one compelled to pay taxes for promoting a particular religion
- Article 28(1)
- religious instruction none in institutions wholly maintained out of State funds
- Article 29(1)
- culture any section of the citizens may conserve its language, script or culture
- Article 30
- minorities establish and administer educational institutions
- Article 31
- property omitted by the 44th Amendment Act, 1978; see Article 300A
- Article 32
- remedies the right to move the Supreme Court; the five writs
- Article 226
- High Courts the same writs, for Part III and for any other purpose
- The five writs
- habeas corpus, mandamus, prohibition, quo warranto, certiorari present the person; do the duty; stop the excess; by what right; send the matter up
Why it works: a right helps only if it can be enforced, and Article 32 guarantees the way to the Supreme Court.
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