COIL Unit- 1

Fundamental Rights:
Articles 12-35 (Part III of Indian Constitution)
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. Articles 12-35 of Indian Constitution deal with Fundamental Rights. 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.
23
The 6 fundamental rights of India is-
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)
There was one more fundamental right in the 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.
1. Right to Equality (Articles 14 – 18)
Right to equality 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.
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.
3. Right against Exploitation (Articles 23 – 24)
This right implies the prohibition of traffic in human beings, begar, and other forms of forced
labour. It also implies the prohibition of children in factories, etc. The Constitution prohibits the
employment of children under 14 years in hazardous conditions.
24
4. Right to Freedom of Religion (Articles 25 – 28)

1
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, 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.

Fundamental Duties:
Fundamental duties basically imply the moral obligations of all citizens of a country and today,
there are 11 fundamental duties in India, which are written in Part IV-A of the Constitution, to
promote patriotism and strengthen the unity of India. The fundamental duties were inspired by
constitution of USSR (now Russia). Originally, the fundamental duties of India was not a part of
the Indian Constitution, they were added through the 42nd Amendment in 1976, upon
recommendation of the Swaran Singh Committee, that was constituted by Indira Gandhi just
after the declaration of national emergency, to study and amend the constitution.
However, by the 86th Amendment in 2002, the original 10 duties were then increased to 11,
under Article 51A, Part IV-A of the Constitution of India. The 10 fundamental duties are as
follows:
1- To oblige with the Indian Constitution and respect the National Anthem and Flag
2- To cherish and follow the noble ideas that inspired the national struggle for freedom
3- To protect the integrity, sovereignty, and unity of India
4- To defend the country and perform national services if and when the country requires
5- To promote the spirit of harmony and brotherhood amongst all the people of India and
renounce any practices that are derogatory to women
25
6- To cherish and preserve the rich national heritage of our composite culture
7- To protect and improve the natural environment including lakes, wildlife, rivers, forests,
etc.
8- To develop scientific temper, humanism, and spirit of inquiry
9- To safeguard all public property
10- To strive towards excellence in all genres of individual and collective activities
11- To provide opportunities for education to children between 6-14 years of age, and duty
as parents to ensure that such opportunities are being awarded to their child.
According to Advocate Manuj Chadha., “Fundamental rights can be defined as privileges
granted to each individual of the country to enjoy and the Fundamental Duties are the moral
responsibilities which one needs to carry out in order to respect the rights of another individual
and perform social obligations.”

2
Difference between Fundamental Rights and Fundamental Duties:
Fundamental Rights and Fundamental Duties are inter-related and one can’t exist without the
other.
Fundamental Rights Fundamental Duties
Fundamental Rights are the freedoms guaranteed
by the constitution which can’t be taken away
from a citizen.
Fundamental Duties are the legal
responsibilities bestowed upon the citizens to
perform.
Fundamental Rights are considered to be the
normative rules of liberty and freedom for every
citizen in order to achieve a harmonious and a
free lifestyle
Fundamental Duties are the moral
responsibilities of all the citizens that need to
be performed by them in order to achieve
prosperity and uphold the unity of the nation.
Fundamental Rights are universally available to
all citizens regardless of their race, caste, religion,
sex or place of birth and are justiciable in nature,
i.e. they can be taken to the court of law.
Fundamental Duties are non-justiciable and
hence can’t be taken to the court of law.

Directive Principles of Our State Policy: Part IV (Articles 36-51):

Part IV of the Indian Constitution deals with Directive Principles of our State Policy (DPSP). The
concept of Directive Principles of State Policy was borrowed from the Irish Constitution. While
most of the Fundamental Rights are negative obligations on the state, DPSPs are positive
obligations on the state, though not enforceable in a court of law.
26
Article 36: Definition
In this Part, unless the context otherwise requires, “the State” has the same meaning as in Part
III.
Article 37: Application of the principles contained in this Part
The provisions contained in this Part shall not be enforced by any court, but the principles
therein laid down are nevertheless fundamental in the governance of the country and it shall
be the duty of the State to apply these principles in making laws.
Article 38: State to secure a social order for the promotion of the welfare of the people
(1) The State shall strive to promote the welfare of the people by securing and protecting as
effectively as it may a social order in which justice, social, economic and political, shall inform
all the institutions of the national life.
(2) The State shall, in particular, strive to minimize the inequalities in income, and endeavour to
eliminate inequalities in status, facilities and opportunities, not only amongst individuals but
also amongst groups of people residing in different areas or engaged in different vocations.

3
Article 39: Certain principles of policy to be followed by the State
The State shall, in particular, direct its policy towards securing–
(a) that the citizen, men and women equally, have the right to an adequate means of livelihood;
(b) that the ownership and control of the material resources of the community are so
distributed as best to sub serve the common good;
(c) that the operation of the economic system does not result in the concentration of wealth
and means of production to the common detriment;
(d) that there is equal pay for equal work for both men and women;
(e) that the health and strength of workers, men and women, and the tender age of children
are not abused and that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength;
(f) that children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment.
Article 39A: Equal justice and free legal aid
The State shall secure that the operation of the legal system promotes justice, on a basis of
equal opportunity, and shall, in particular, provide free legal aid, by suitable legislation or
27
schemes or in any other way, to ensure that opportunities for securing justice are not denied to
any citizen by reason of economic or other disabilities.
Article 40: Organisation of village panchayats
The State shall take steps to organise village panchayats and endow them with such powers and
authority as may be necessary to enable them to function as units of self-government.
Article 41: Right to work, to education and to public assistance in certain cases
The State shall, within the limits of its economic capacity and development, make effective
provision for securing the right to work, to education and to public assistance in cases of
unemployment, old age, sickness and disablement, and in other cases of undeserved want.
Article 42: Provision for just and humane conditions of work and maternity relief
The State shall make provision for securing just and humane conditions of work and for
maternity relief.
Article 43: Living wage, etc., for workers
The State shall endeavor to secure, by suitable legislation or economic organisation or in any
other way, to all workers agricultural, industrial or otherwise, work, a living wage, conditions of
work ensuring a decent standard of life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote cottage industries on an
individual or co-operative basis in rural areas.
Article 43A: Participation of workers in management of industries
The State shall take steps, by suitable legislation or in any other way, to secure the participation
of workers in the management of undertakings, establishments or other organisation engaged
in any industry.
Article 44: Uniform civil code for the citizen
The State shall Endeavour to secure for the citizens a uniform civil code throughout the
territory of India.
28

4
Article 45: Provision for free and compulsory education for children
The State shall Endeavour to provide, within a period of ten years from the commencement of
this Constitution, for free and compulsory education for all children until they complete the age
of fourteen years.
Article 46: Promotion of educational and economic interests of Scheduled Castes, Scheduled
Tribes and other weaker sections
The State shall promote with special care the educational and economic interests of the weaker
sections of the people, and in particular, of the Scheduled Castes and the Scheduled Tribes, and
shall protect them from social injustice and all forms of exploitation.
Article 47: Duty of the State to raise the level of nutrition and the standard of living and to
improve public health
The State shall regard the raising of the level of nutrition and the standard of living of its people
and the improvement of public health as among its primary duties and, in particular, the State
shall Endeavour to bring about prohibition of the consumption except for medicinal purpose of
intoxicating drinks and of drugs which are injurious to health.
Article 48: Organization of agriculture and animal husbandry
The State shall Endeavour to organize agriculture and animal husbandry on modern and
scientific lines and shall, in particular, take steps for preserving and improving the breeds, and
prohibiting the slaughter, of cows and calves and other milch and draught cattle.
Article 48A: Protection and improvement of environment and safeguarding of forests and
wildlife
The State shall Endeavour to protect and improve the environment and to safeguard the forests
and wildlife of the country.
Article 49: Protection of monuments and places and objects of national importance
It shall be the obligation of the State to protect every monument or place or object of artistic or
historic interest, declared by or under law made by Parliament to be of national importance,
from spoliation, disfigurement, destruction, removal, disposal or export, as the case may be.
29
Article 50: Separation of judiciary from the executive
The State shall take steps to separate the judiciary from the executive in the public services of
the State.
Article 51: Promotion of international peace and security
The State shall Endeavour to–
(a) promote international peace and security;
(b) maintain just and honorable relations between nations;
(c) foster respect for international law and treaty obligations in the dealings of organized
people with one another; and
(d) encourage settlement of international disputes by arbitration.