Articles of Fundamental Rights,Judicial Review vs Judicial Activism,Education Regulatory Bodies in India

 

1. Articles of Fundamental Rights (Part III of the Constitution)

Fundamental Rights are contained in Articles 12–35 of the Constitution.

They protect individual liberty and equality and are enforceable by courts.

Main Categories of Fundamental Rights

1. Right to Equality

• Article 14 – Equality before law

• Article 15 – Prohibition of discrimination

• Article 16 – Equality of opportunity in public employment

• Article 17 – Abolition of untouchability

• Article 18 – Abolition of titles

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2. Right to Freedom

• Article 19 – Six freedoms

• Article 20 – Protection in respect of conviction for offences

• Article 21 – Protection of life and personal liberty

• Article 21A – Right to education

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3. Right Against Exploitation

• Article 23 – Prohibition of human trafficking and forced labour

• Article 24 – Prohibition of child labour in hazardous industries

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4. Right to Freedom of Religion

• Article 25 – Freedom of conscience and religion

• Article 26 – Manage religious affairs

• Article 27 – Freedom from taxes for religious promotion

• Article 28 – Freedom from religious instruction in certain institutions

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5. Cultural and Educational Rights

• Article 29 – Protection of minority culture

• Article 30 – Right of minorities to establish educational institutions

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6. Right to Constitutional Remedies

• Article 32 – Right to approach the Supreme Court of India for enforcement of rights

Dr. B.R. Ambedkar called Article 32 “the heart and soul of the Constitution.”

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2. Judicial Review vs Judicial Activism

Judicial Review

Judicial review is the power of courts to examine the constitutionality of laws and executive actions.

Derived from:

• Article 13

• Article 32

• Article 226

Example:

The Kesavananda Bharati v. State of Kerala case established the Basic Structure Doctrine.

Purpose

• Protect Constitution

• Safeguard Fundamental Rights

• Maintain balance of power

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Judicial Activism

Judicial activism occurs when courts proactively interpret laws to ensure justice and protect rights.

Examples include:

• Expansion of Article 21

• Environmental protection cases

• Public Interest Litigation (PIL)

Judicial activism often helps marginalized groups.

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Judicial Overreach (Difference)

Judicial overreach happens when courts interfere excessively in legislative or executive domains.

Example situations:

• Running administrative schemes

• Directing policy decisions

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Quick Comparison

Feature	Judicial Review	Judicial Activism
Purpose	Check constitutionality	Expand justice
Nature	Constitutional power	Interpretive approach
Focus	Laws & actions	Social justice

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3. Education Regulatory Bodies in India

National Council of Educational Research and Training (NCERT)

• Autonomous body under Ministry of Education

• Develops school curriculum and textbooks

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University Grants Commission (UGC)

• Statutory body (UGC Act 1956)

• Regulates higher education and universities

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National Council for Teacher Education (NCTE)

• Regulates teacher education programs

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Central Board of Secondary Education (CBSE)

• Conducts school board examinations

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All India Council for Technical Education (AICTE)

• Regulates technical education institutions

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4. Constitutional Powers of the Supreme Court

The Supreme Court of India is the highest judicial authority.

Key Powers

1. Original Jurisdiction

Article 131

Disputes between:

• Union and states

• States themselves

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2. Writ Jurisdiction

Article 32

Protects Fundamental Rights using writs:

• Habeas Corpus

• Mandamus

• Prohibition

• Certiorari

• Quo Warranto

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3. Appellate Jurisdiction

Articles 132–136

Appeals from High Courts in:

• Civil cases

• Criminal cases

• Constitutional matters

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4. Advisory Jurisdiction

Article 143

The President can seek advice from the Court.

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5. Judicial Review

Allows the Court to strike down unconstitutional laws.

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6. Court of Record

Article 129

Its judgments are binding and it can punish for contempt of court.

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Quick UPSC Revision Table

Topic	Key Fact
Fundamental Rights	Articles 12–35
Right to Constitutional Remedies	Article 32
Judicial Review	Articles 13, 32, 226
Education regulator	UGC
Textbook body	NCERT
Highest court power	Judicial review

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✅ Possible UPSC Questions

Prelims:

Which Article is called the heart and soul of the Constitution?

Mains:

“Judicial activism has played a major role in protecting fundamental rights in India.” Discuss.