CONSTITUTION OF INDIA

CHAPTER-2
FUNDAMENTAL RIGHTS, FUNDAMENTAL DUTIES, DIRECTIVE PRINCIPALS OF STATE POLICY
Fundamental Rights:
Fundamental rights are the basic human rights enshrined in the Constitution of India which are
guaranteed to all citizens. They are applied without discrimination on the basis of race, religion, gender,
etc. Significantly, fundamental rights are enforceable by the courts, subject to certain conditions.

These rights are called fundamental rights because of two reasons:

1. They are enshrined in the Constitution which guarantees them.

2. They are justiciable (enforceable by courts). In case of a violation, a person can approach a court of law.

There are six fundamental rights in the Indian Constitution. They are mentioned below along with the
constitutional articles related to them:

1. Right to Equality (Article 14-18)

2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Why Right to Property is not a Fundamental Right?

There was one more fundamental right in the Indian Constitution, i.e., the right to property.

However, this right was removed from the list of fundamental rights by the 44th Constitutional
Amendment.

This was because this right proved to be a hindrance towards attaining the goal of socialism and
redistributing wealth (property) equitably among the people.

Is right to property a constitutional right or legal right?

Note: The right to property is now a legal right and not a fundamental right.

1. Right to Equality (Articles 14 – 18)

The right to equality is one of the important fundamental rights of the Indian Constitution that
guarantees equal rights for everyone, irrespective of religion, gender, caste, race or place of birth. It
ensures equal employment opportunities in the government and insures against discrimination by the
State in matters of employment on the basis of caste, religion, etc. This right also includes the abolition
of titles as well as untouchability.

Aspirants can read more about the Right to Equality in the linked article.

2. Right to Freedom (Articles 19 – 22)

Freedom is one of the most important ideals cherished by any democratic society. The Indian
Constitution guarantees freedom to citizens. The freedom right includes many rights such as:

● Freedom of speech
● Freedom of expression
● Freedom of assembly without arms
● Freedom of association
● Freedom to practice any profession
● Freedom to reside in any part of the country

Some of these rights are subject to certain conditions of state security, public morality and decency and
friendly relations with foreign countries. This means that the State has the right to impose reasonable
restrictions on them.

3. Right against Exploitation (Articles 23 – 24)

This right implies the prohibition of traffic in human beings, begging, and other forms of forced labour. It
also implies the prohibition of employment of children in factories, etc. The Constitution prohibits the
employment of children under 14 years in hazardous conditions.

4. Right to Freedom of Religion (Articles 25 – 28)

This indicates the secular nature of Indian polity. There is equal respect given to all religions. There is
freedom of conscience, profession, practice and propagation of religion. The State has no official
religion. Every person has the right to freely practice his or her faith, and establish and maintain religious
and charitable institutions.

5. Cultural and Educational Rights (Articles 29 – 30)

These rights protect the rights of religious, cultural and linguistic minorities, by facilitating them to
preserve their heritage and culture. Educational rights are for ensuring education for everyone without
any discrimination.

6. Right to Constitutional Remedies (32 – 35)

The Constitution guarantees remedies if citizens’ fundamental rights are violated. The government
cannot infringe upon or curb anyone’s rights. When these rights are violated, the aggrieved party can
approach the courts. Citizens can even go directly to the Supreme Court which can issue writs for
enforcing fundamental rights.

Features of Fundamental Rights

● Fundamental rights are different from ordinary legal rights in the manner in which they are enforced. If a
legal right is violated, the aggrieved person cannot directly approach the SC bypassing the lower courts. He
or she should first approach the lower courts.
● Some of the fundamental rights are available to all citizens while the rest are for all persons (citizens and
foreigners).
 ● Fundamental rights are not absolute rights. They have reasonable restrictions, which means they are
subject to the conditions of state security, public morality and decency and friendly relations with foreign
countries.
● They are justiciable, implying they are enforceable by courts. People can approach the SC directly in case of
violation of fundamental rights.
● Fundamental rights can be amended by the Parliament by a constitutional amendment but only if the
amendment does not alter the basic structure of the Constitution.
● The Fundamental Rights of the Indian Constitution can be suspended during a national emergency. But, the
rights guaranteed under Articles 20 and 21 cannot be suspended.
● The application of fundamental rights can be restricted in an area that has been placed under martial law
or military rule.

Also, in the news:

● Conjugal Rights
● Right to be Forgotten

Fundamental Rights Available Only to Citizens

The following is the list of fundamental rights in the Indian constitution that are available only to
citizens (and not to foreigners):

1. Prohibition of discrimination on grounds of race, religion, caste, gender or place of birth (Article 15).
2. Equality of opportunity in matters of public employment (Article 16).
3. Protection of freedom of: (Article 19)

● Speech and expression

● Association

● Assembly

● Movement

● Residence

● Profession

2. Protection of the culture, language and script of minorities (Article 29).

3. Right of minorities to establish and administer educational institutions (Article 30).

Importance of Fundamental Rights

Fundamental rights are very important because they are like the backbone of the country. They are
essential for safeguarding the people’s interests.

According to Article 13, all laws that are violative of fundamental rights shall be void. Here, there is an
express provision for judicial review. The SC and the High Courts can declare any law unconstitutional
on the grounds that it is violative of fundamental rights. Article 13 talks about not just laws, but also
ordinances, orders, regulations, notifications, etc.

Amendability of Fundamental Rights

● Any changes to fundamental rights require a constitutional amendment that should be passed by both the
Houses of Parliament. The amendment bill should be passed by a special majority of Parliament.

● Read about the types of majorities in the Indian Parliament in the linked article.

● As per the Constitution, Article 13(2) states that no laws can be made that take away fundamental rights.
● The question is whether a constitutional amendment act can be termed law or not.
● In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of the
Constitution including fundamental rights.
● But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it said that the
fundamental rights cannot be amended.
● In 1973, a landmark judgement ensued in the Keshavananda Bharati case, where the SC held that although
no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power,
the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”
● This is the basis in Indian law in which the judiciary can strike down any amendment passed by Parliament
that is in conflict with the basic structure of the Constitution.
● In 1981, the Supreme Court reiterated the Basic Structure doctrine.
● It also drew a line of demarcation as April 24th, 1973 i.e., the date of the Keshavananda Bharati judgement,
and held that it should not be applied retrospectively to reopen the validity of any amendment to the
Constitution which took place prior to that date.

Doctrine of Severability
This is a doctrine that protects the fundamental rights enshrined in the Constitution.

● It is also known as the Doctrine of Separability.

● It is mentioned in Article 13, according to which all laws that were enforced in India before the
commencement of the Constitution, inconsistent with the provisions of fundamental rights shall to the
extent of that inconsistency be void.
● This implies that only the parts of the statute that are inconsistent shall be deemed void and not the whole
statute. Only those provisions which are inconsistent with fundamental rights shall be void.

Doctrine of Eclipse

● This doctrine states that any law that violates fundamental rights is not null or void ab initio, but is only
non-enforceable, i.e., it is not dead but inactive.
● This implies that whenever a fundamental right (which was violated by the law) is struck down, the law
becomes active again (is revived).
● Another point to note is that the doctrine of eclipse applies only to pre-constitutional laws (laws that were
enacted before the Constitution came into force) and not to post-constitutional laws.
● This means that any post-constitutional law which is violative of a fundamental right is void ab initio.
Fundamental Rights and Duties Difference
Fundamental Rights are the rights available to the people of this country, while Fundamental Duties are
the obligations on the part of the citizens. Fundamental Duties were added to the Indian Constitution by
the 42nd Constitution Amendment Act 1976 by the Indira Gandhi Government.

Fundamental rights and duties are two important concepts of the Indian Constitution. While
fundamental rights are the entitlements that individuals possess by virtue of being citizens of a
particular country, fundamental duties are the responsibilities that citizens have towards their country
and fellow citizens. Here are some key differences between the two:

1. Nature: Fundamental rights are legal rights that are enshrined in the constitution of a country. These rights
are meant to protect the interests of individuals and provide them with a sense of security and equality. On
the other hand, fundamental duties are moral and ethical obligations expected of citizens towards their
country and fellow citizens.
2. Enforcement: Fundamental rights are enforceable through the courts of law. If an individual’s fundamental
rights are violated, they can seek legal recourse and the courts can provide appropriate remedies. However,
fundamental duties are not enforceable in the same way. While citizens are expected to fulfil their
fundamental duties, there are no legal sanctions if they fail to do so.
3. Goal: The focus of fundamental rights is on protecting the interests of individuals and ensuring their
well-being. Fundamental duties, on the other hand, are focused on promoting the collective good and
ensuring that citizens contribute to the welfare of their country.

It is very important to understand the differences between fundamental rights and duties for the IAS
exam.

The difference between human rights and fundamental rights. The basic difference between human
rights and fundamental rights is the scope of acceptance. While fundamental rights have scope within
a country, human rights are accepted worldwide.

FUNDAMENTAL DUTIES

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in
addition to creating and promoting culture, also strengthen the hands of the legislature in enforcing
these duties vis-a-vis the fundamental rights.

The list of 11 Fundamental Duties under Article 51-A to be obeyed by every Indian citizen is given in the
table below:

S.No 11 Fundamental Duties

1. Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem

2. Cherish and follow the noble ideals that inspired the national struggle for freedom
 3. Uphold and protect the sovereignty, unity and integrity of India

4. Defend the country and render national service when called upon to do so

5. Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious,
linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women

6. Value and preserve the rich heritage of the country’s composite culture

7. Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion
for living creatures

8. Develop scientific temper, humanism and the spirit of inquiry and reform

9. Safeguard public property and to abjure violence

10. Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to
higher levels of endeavour and achievement

11. Provide opportunities for education to his child or ward between the age of six and fourteen years. (This duty was
added by the 86th Constitutional Amendment Act, 2002)

Importance of Fundamental Duties – Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The importance of these are given in
the table below:

S.No Importance of Fundamental Duties

1. They remind Indian Citizens of their duty towards their society, fellow citizens and the nation
 2. They warn citizens against anti-national and anti-social activities

3. They inspire citizens & promote a sense of discipline and commitment among them

4. They help the courts in examining and determining the constitutional validity of a law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the following
grounds:

● They have been described by critics as a code of moral precepts due to their non-justiciable character.
Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties
included in the Constitution as fundamental would be performed by the people even though they were not
incorporated into the Constitution.
● Some of the duties are vague, ambiguous and difficult to be understood by the common man.
● The list of duties is not exhaustive as it does not cover other important duties like casting votes, paying
taxes, family planning and so on. In fact, the duty to pay taxes was recommended by the Swaran Singh
Committee.
● The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution has
reduced their value and significance. They should have been added after Part III so as to keep them on par
with Fundamental Rights.
● Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not all were included
in the Constitution. Those duties recommended by the committee which were not accepted were:
1. Citizens to be penalized/punished by the parliament for any non-compliance with or refusal to
observe any of the duties.
2. The punishments/penalties decided by the Parliament shall not be called in question in any court
on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to
any other provision of the Constitution.
3. Duty to pay taxes.

Facts about Fundamental Duties

● Fundamental Duties are categorized into two – Moral Duty & Civic Duty
1. Moral Duty: cherishing noble ideals of freedom struggle
2. Civic Duty: respecting the Constitution, National Flag and National Anthem
● They essentially contain just a codification of tasks integral to the Indian way of life.
● The Fundamental Duties are confined to Indian citizens only and do not extend to foreigners, unlike a few
Fundamental Rights.
● They are also nonjusticiable similar to the Directive Principles of State Policy.
● There is no legal sanction against their violation.
 DIRECTIVE PRINCIPALS OF STATE POLICY

Articles 36-51 under Part-IV of the Indian Constitution deal with Directive Principles of State Policy (DPSP).
They are borrowed from the Constitution of Ireland, which had copied it from the Spanish Constitution. This
article will solely discuss the Directive Principles of State Policy, its importance in the Indian Constitution and
the history of its conflict with Fundamental Rights.

he Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable and the
other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental rights,
whereas the non-justiciable ones are the Directive Principles of State Policy.

DPSP of Indian Constitution are ideals which are meant to be kept in mind by the state when it
formulates policies and enacts laws. There are various definitions of Directive Principles of State which
are given below:

● They are an ‘instrument of instructions’ which are enumerated in the Government of India Act, 1935.
● They seek to establish economic and social democracy in the country.
● DPSPs are ideals which are not legally enforceable by the courts for their violation.

Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but based on their content and direction, they are
usually classified into three types-

● Socialistic Principles,
● Gandhian Principles and,
● Liberal-Intellectual Principles.

The details of the three types of DPSPs are given below:

DPSP – Socialistic Principles

Definition: They are the principles that aim at providing social and economic justice and set the path towards the welfare
state. Under various articles, they direct the state to:

Article 38 Promote the welfare of the people by securing a social order through justice—social, economic and
political—and to minimise inequalities in income, status, facilities and opportunities

Article 39 Secure citizens:

● Right to adequate means of livelihood for all citizens

● Equitable distribution of material resources of the community for the common good
● Prevention of concentration of wealth and means of production
 ● Equal pay for equal work for men and women
● Preservation of the health and strength of workers and children against forcible abuse
● Opportunities for the healthy development of children

Article Promote equal justice and free legal aid to the poor
39A

Article 41 In cases of unemployment, old age, sickness and disablement, secure citizens:

● Right to work
● Right to education
● Right to public assistance

Article 42 Make provision for just and humane conditions of work and maternity relief

Article 43 Secure a living wage, a decent standard of living and social and cultural opportunities for all workers

Article Take steps to secure the participation of workers in the management of industries
43A

Article 47 Raise the level of nutrition and the standard of living of people and to improve public health

DPSP – Gandhian Principles

Definition: These principles are based on Gandhian ideology used to represent the programme of reconstruction
enunciated by Gandhi during the national movement. Under various articles, they direct the state to:

Article 40 Organise village panchayats and endow them with necessary powers and authority to enable them to
function as units of self-government

Article 43 Promote cottage industries on an individual or cooperation basis in rural areas

Article 43B Promote voluntary formation, autonomous functioning, democratic control and professional management
of co-operative societies
Article 46 Promote the educational and economic interests of SCs, STs, and other weaker sections of the society and to
protect them from social injustice and exploitation

Article 47 Prohibit the consumption of intoxicating drinks and drugs which are injurious to health

Article 48 Prohibit the slaughter of cows, calves and other milch and draught cattle and to improve their breeds

DPSP – Liberal-Intellectual Principles

Definition: These principles reflect the ideology of liberalism. Under various articles, they direct the state to:

Article Secure for all citizens a uniform civil code throughout the country
44

Article Provide early childhood care and education for all children until they complete the age of six years. (Note: 86th
45 Amendment Act of 2002 changed the subject matter of this article and made elementary education a
fundamental right under Article 21 A.)

Article Organise agriculture and animal husbandry on modern and scientific lines
48

Article Protect monuments, places and objects of artistic or historic interest which are declared to be of national
49 importance

Article Separate the judiciary from the executive in the public services of the State
50

Article ● Promote international peace and security and maintain just and honourable relations between
51 nations
● Foster respect for international law and treaty obligations
● Encourage settlement of international disputes by arbitration
Directive Principles of State Policy’s notes about its classification is important for UPSC 2024 and
aspirants should learn these with articles mentioned.

What are the new DPSPs added by the 42nd Amendment Act, 1976?
42nd Amendment Act, 1976 added four new Directive Principles to the list:

S.No Article New DPSPs

1 Article 39 To secure opportunities for the healthy development of children

2 Article 39A To promote equal justice and to provide free legal aid to the poor

3 Article 43A To take steps to secure the participation of workers in the management of industries

4 Article 48A To protect and improve the environment and to safeguard forests and wildlife

Facts about Directive Principles of State Policy:

1. A new DPSP under Article 38 was added by the 44th Amendment Act of 1978, which requires the State to
minimise inequalities in income, status, facilities and opportunities.
2. The 86th Amendment Act of 2002 changed the subject matter of Article 45 and made elementary
education a fundamental right under Article 21A. The amended directive requires the State to provide early
childhood care and education for all children until they reach the age of 14 years.
3. A new DPSP under Article 43B was added by the 97th Amendment Act of 2011 relating to cooperative
societies. It requires the state to promote voluntary formation, autonomous functioning, democratic control
and professional management of cooperative societies.
4. The Indian Constitution under Article 37 makes it clear that ‘DPSPs are fundamental in the governance of the
country and it shall be the duty of the state to apply these principles in making laws.’

Criticism of Directive Principles of State Policy

As a point of debate, the following reasons are stated for the criticism of Directive Principles of State
Policy:

1. It has no legal force

2. It is illogically arranged
3. It is conservative in nature
4. It may produce constitutional conflict between centre and state
What is the conflict between Fundamental Rights and DPSPs?
With the help of four court cases given below, candidates can understand the relationship between
Fundamental Rights and Directive Principles of State Policy:

Champakam Dorairajan Case (1951)

Supreme Court ruled that in any case of conflict between Fundamental Rights and DPSPs of Indian
Constitution, the provisions of the former would prevail. DPSPs were regarded as a subsidiary of
Fundamental Rights. SC also ruled that Parliament can amend Fundamental Rights through a
constitutional amendment act to implement DPSPs.

Result: Parliament made the First Amendment Act (1951), the Fourth Amendment Act (1955) and the
Seventeenth Amendment Act (1964) to implement some of the Directives.

Golaknath Case (1967)

Supreme Court ruled that Parliament cannot amend Fundamental Rights to implement Directive
Principles of State Policy.

Result: Parliament enacted the 24th Amendment Act 1971 & 25th Amendment Act 1971 declaring that it
has the power to abridge or take away any of the Fundamental Rights by enacting Constitutional
Amendment Acts. 25th Amendment Act inserted a new Article 31C containing two provisions:

● No law which seeks to implement the socialistic Directive Principles specified in Article 39 (b)22 and (c)23
shall be void on the ground of contravention of the Fundamental Rights conferred by Article 14 (equality
before law and equal protection of laws), Article 19 (protection of six rights in respect of speech, assembly,
movement, etc) or Article 31 (right to property).
● No law containing a declaration for giving effect to such policy shall be questioned in any court on the
ground that it does not give effect to such a policy.

Kesavananda Bharti Case (1973)

Supreme Court ruled out the second provision of Article 31C added by the 25th Amendment Act during
Golaknath Case of 1967. It termed the provision ‘unconstitutional.’ However, it held the first provision of
Article 31C constitutional and valid.

Result: Through the 42nd Amendment Act, Parliament extended the scope of the first provision of Article
31C. It accorded the position of legal primacy and supremacy to the Directive Principles over the
Fundamental Rights conferred by Articles 14, 19 and 31.

Minerva Mills Case (1980)

Supreme Court held the extension of Article 31C made by the 42nd Amendment Act unconstitutional
and invalid. It made DPSP subordinate to Fundamental Rights. Supreme Court also held that ‘the Indian
Constitution is founded on the bedrock of the balance between the Fundamental Rights and the
Directive Principles.’
Supreme Court’s rulings following the case were:

● Fundamental Rights and DPSPs constitute the core of the commitment to social revolution.
● The harmony and balance between Fundamental Rights and Directive Principles of State Policy is
an essential feature of the basic structure of the Constitution.
● The goals set out by the Directive Principles have to be achieved without the abrogation of the means
provided by the Fundamental Rights.

Conclusion: Today, Fundamental Rights enjoy supremacy over the Directive Principles. Yet, Directive
Principles can be implemented. The Parliament can amend the Fundamental Rights to implement the
Directive Principles, so long as the amendment does not damage or destroy the basic structure of the
Constitution.