Text and structure
- Six categories after 44th Amendment (property demoted to Art. 300A).
- Article 32 — 'heart and soul' of the Constitution (Ambedkar).
- Article 13 — laws inconsistent with FRs are void.
Jurisprudential arc
- AK Gopalan (1950) — silo reading of FRs.
- Maneka Gandhi (1978) — golden triangle (14, 19, 21).
- Puttaswamy (2017) — privacy as a fundamental right.
- Navtej Johar (2018), Joseph Shine (2018) — dignity jurisprudence.
Contemporary debates
- Free speech vs sedition (Kedar Nath under review); IT Rules 2021 challenges.
- Right to protest post CAA-NRC & farm-law agitations.
- Preventive detention laws — UAPA, PSA, NSA.
Reform lens
- Codification of a Right to Privacy (DPDP as first step).
- Judicial timeliness — habeas corpus during Article 226 pendency.
- Positive rights — health, housing, education — statutory anchoring.
Common Pitfalls
- Do not treat FRs as absolute; every right has 'reasonable restrictions'.
FAQs
- One case to overuse safely?
- Puttaswamy (2017) — cuts across privacy, dignity, autonomy and data protection.
UPSC Mains PYQs on this microtheme
- Right to privacy is intrinsic to life and personal liberty and is inherently protected un- der Article 21 of the Constitution. Explain. In this reference discuss the law relating to D.N.A. testing of a child in the womb to establish its paternity.📅 2024 · 📌 15
- ”The Constitution of India is a living instrument with capabilities of enormous dynamism. It is a constitution made for a progressive society”. Illustrate with special reference to the expanding horizons of the right to life and personal liberty.📅 2023 · 📌 15
- Right of movement and residence throughout the territory of India are freely avail- able to the Indian citizens, but these rights are not absolute. Comment📅 2022 · 📌 10
- Examine the scope of Fundamental Rights in the light of the latest judgement of the Supreme Court on Right to Privacy.📅 2017 · 📌 15
- Does the right to clean environment entail legal regulations on burning crackers during Diwali? Discuss in the light of Article 21 of the Indian Constitution and Judge- ment(s) of the Apex Court in this regard.📅 2015 · 📌 12.5
- What do you understand by the concept “freedom of speech and expression”? Does it cover hate speech also? Why do the films in India stand on a slightly different plane from other forms of expression? Discuss.📅 2014 · 📌 12.5
- Discuss Section 66A of IT Act, with reference to its alleged violation of Article 19 of the Constitution.📅 2013 · 📌 10