Chapter 7: Fundamental Rights
Introduction
Fundamental Rights (FRs) are the cornerstone of Indian democracy.
They guarantee civil liberties, ensuring that individuals live with dignity, freedom, and equality.
They act as limitations on the power of the State — preventing arbitrary actions and protecting individual freedom.
As Dr. B.R. Ambedkar said:
“Fundamental Rights are the heart and soul of the Constitution.“
Location in the Constitution
- Part III: Articles 12 to 35.
- Inspired by the American Bill of Rights.
Importance of Fundamental Rights
- Essential for Democracy:
Freedom of speech, right to equality, right to life = foundation of a free society. - Protect Minorities:
Safeguard religious, cultural, linguistic rights. - Promote Political and Social Justice:
Help in achieving Directive Principles goals indirectly. - Judicially Enforceable:
Citizens can directly approach Supreme Court under Article 32.
Types of Fundamental Rights (6 Categories)
| S.No | Fundamental Right | Articles Covered |
|---|---|---|
| 1 | Right to Equality | Articles 14–18 |
| 2 | Right to Freedom | Articles 19–22 |
| 3 | Right against Exploitation | Articles 23–24 |
| 4 | Right to Freedom of Religion | Articles 25–28 |
| 5 | Cultural and Educational Rights | Articles 29–30 |
| 6 | Right to Constitutional Remedies | Article 32 |
1. Right to Equality (Articles 14–18)
Article 14: Equality before Law
- Equal protection of laws.
- No discrimination by State.
Article 15: Prohibition of Discrimination
- No discrimination based on religion, race, caste, sex, or place of birth.
- Special provisions allowed for women, children, SCs/STs.
Article 16: Equality of Opportunity in Public Employment
- Equal opportunity for government jobs.
- Reasonable reservations allowed.
Article 17: Abolition of Untouchability
- Untouchability is a punishable offense.
- Empowerment of Dalits.
Article 18: Abolition of Titles
- No titles except military or academic distinctions (e.g., Dr., Prof.).
2. Right to Freedom (Articles 19–22)
Article 19: Six Freedoms
- Freedom of speech and expression.
- Freedom to assemble peacefully.
- Freedom to form associations.
- Freedom to move freely.
- Freedom to reside anywhere.
- Freedom to practice any profession.
Reasonable Restrictions allowed (e.g., public order, morality, national security).
Article 20: Protection in Respect of Conviction for Offences
- No ex-post-facto law.
- No double jeopardy.
- No self-incrimination.
Article 21: Protection of Life and Personal Liberty
- No person shall be deprived of life or liberty except by law.
- Expanded Interpretation:
Right to live with dignity, right to privacy, clean environment, health, education.
Article 21A: Right to Education (RTE)
- Free and compulsory education for children 6–14 years.
- Added by 86th Amendment Act, 2002.
Article 22: Protection against Arrest and Detention
- Rights of arrested persons (e.g., informed of grounds, lawyer access).
- Special provision for preventive detention.
3. Right against Exploitation (Articles 23–24)
Article 23: Prohibition of Human Trafficking and Forced Labour
- No traffic in human beings, begar (forced labor) prohibited.
Article 24: Prohibition of Child Labour
- No employment of children below 14 years in hazardous industries.
4. Right to Freedom of Religion (Articles 25–28)
Article 25: Freedom of Conscience and Religion
- Practice, propagate, and profess religion.
Article 26: Freedom to Manage Religious Affairs
- Establish and maintain religious institutions.
Article 27: Freedom from Taxation for Promotion of Religion
- No forced religious taxes.
Article 28: Freedom in Religious Education
- No religious instruction in State-funded institutions (exceptions exist).
5. Cultural and Educational Rights (Articles 29–30)
Article 29: Protection of Interests of Minorities
- Right to conserve language, script, culture.
Article 30: Right of Minorities to Establish Educational Institutions
- Special rights to set up and administer their own institutions.
6. Right to Constitutional Remedies (Article 32)
- Right to move directly to the Supreme Court to enforce Fundamental Rights.
- Known as “heart and soul of the Constitution” — Dr. Ambedkar.
- Types of Writs:
- Habeas Corpus — Produce the body.
- Mandamus — Command to perform duty.
- Prohibition — Stop lower court from exceeding jurisdiction.
- Certiorari — Transfer case to higher court.
- Quo Warranto — Challenge illegal occupation of public office.
Fundamental Rights Available to Citizens Only vs All Persons
| Rights | Available to Whom? |
|---|---|
| 15, 16, 19, 29, 30 | Citizens only |
| 14, 20, 21, 21A, 22, 23, 24, 25-28 | All persons (including foreigners) |
Amendability of Fundamental Rights
- Parliament can amend Fundamental Rights.
- But cannot destroy their basic structure (Kesavananda Bharati case, 1973).
Suspension of Fundamental Rights
- During National Emergency (Art 352):
- Art 19 automatically suspended.
- Other rights (except Arts 20 and 21) can be suspended by Presidential order.
- State Emergency (Art 356) and Financial Emergency (Art 360):
Fundamental Rights remain unaffected.
Important Supreme Court Cases
| Case Name | Importance |
|---|---|
| A.K. Gopalan v. State of Madras (1950) | Early narrow interpretation of Art 21 |
| Maneka Gandhi v. Union of India (1978) | Expanded Right to Life and Personal Liberty |
| Kesavananda Bharati v. State of Kerala (1973) | Basic Structure Doctrine |
| Indira Sawhney Case (1992) | Reservations for OBCs justified |
| Puttaswamy Case (2017) | Right to Privacy is a Fundamental Right under Art 21 |
Conclusion
Fundamental Rights are essential for personal freedom, social dignity, and political democracy.
They form the core of the Constitution, ensuring that India remains a liberal democratic state.
While rights are not absolute and are subject to reasonable restrictions, they are enforceable protections against State excesses.
Fundamental Rights thus empower individuals and preserve the spirit of the Constitution.
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| Total Fundamental Rights | 6 (Initially 7; Right to Property deleted in 1978) |
| Article for Enforcement of FRs | Article 32 |
| Fundamental Rights suspended during | National Emergency (Art 352) |
| Added Right to Education | 86th Amendment, 2002 |
| Right to Property now | Legal Right (Art 300A) |
Chapter 8: Directive Principles of State Policy (DPSP)
Introduction
Directive Principles of State Policy (DPSP) are guidelines or instructions given to the State (government)
to promote social and economic democracy — to make India a welfare state.
Unlike Fundamental Rights (Part III), DPSPs (Part IV, Articles 36 to 51) are not enforceable by courts,
but they are fundamental in the governance of the country.
As Dr. B.R. Ambedkar said:
“DPSPs are like instruments of instruction to government.“
Source of DPSP
- Inspired mainly by the Irish Constitution (Ireland’s Directive Principles).
- Also influenced by:
- Spanish Constitution (social principles),
- U.S. Declaration of Independence (life, liberty, pursuit of happiness).
Key Features of DPSP
- Non-justiciable (cannot be enforced by courts).
- Aim to establish economic and social democracy.
- Act as moral obligations on the State.
- Supplement Fundamental Rights (FRs = political democracy, DPSPs = social-economic democracy).
- Dynamic — interpreted and expanded by Judiciary over time.
Classification of DPSPs
Based on their content and aim, DPSPs are classified into three broad categories:
1. Socialist Principles
Aim: Create economic and social justice; reduce inequality.
| Article | Directive |
|---|---|
| 38 | Promote welfare of the people; minimize inequalities. |
| 39 | Equal right to livelihood, equal pay for equal work, protect children and workers. |
| 41 | Right to work, education, and public assistance. |
| 42 | Just and humane conditions of work; maternity relief. |
| 43 | Living wage for workers. |
| 43A | Participation of workers in management. |
| 47 | Raise level of nutrition and public health. |
2. Gandhian Principles
Aim: Reflect Gandhi’s vision of self-sufficient village economy, rural development, moral values.
| Article | Directive |
|---|---|
| 40 | Organize village panchayats (local self-government). |
| 43 | Promote cottage industries. |
| 46 | Promote educational and economic interests of SCs, STs, weaker sections. |
| 47 | Prohibit intoxicating drinks and drugs. |
| 48 | Prohibit cow slaughter; organize agriculture and animal husbandry scientifically. |
3. Liberal-Intellectual Principles
Aim: Reflect ideas of liberalism — international peace, rule of law, environment, etc.
| Article | Directive |
|---|---|
| 44 | Uniform Civil Code (UCC) for all citizens. |
| 45 | Early childhood care and education (Now covered by Art 21A). |
| 48 | Organization of agriculture and animal husbandry. |
| 49 | Protect monuments, places of artistic and historical interest. |
| 50 | Separation of judiciary from executive in public services. |
| 51 | Promote international peace and security. |
Important Amendments related to DPSP
| Amendment | Impact |
|---|---|
| 42nd Amendment Act, 1976 | Added Art 39A (free legal aid), 43A (workers’ participation), 48A (environment protection). |
| 44th Amendment Act, 1978 | Changed Art 38 — now explicitly focuses on minimizing inequalities. |
| 86th Amendment Act, 2002 | Added Art 21A (Right to education), impacted Art 45 (early childhood care). |
Relationship between Fundamental Rights (FR) and DPSP
| Fundamental Rights (FRs) | Directive Principles (DPSPs) |
|---|---|
| Justiciable | Non-justiciable |
| Negative obligations (do nots) | Positive obligations (dos) |
| Individual-centric | Community-centric (society) |
| Political democracy | Social and economic democracy |
Judicial Interpretation:
- Earlier, FRs prevailed over DPSPs (Champakam Dorairajan case, 1951).
- Later, SC evolved the idea of harmonious construction:
- FRs and DPSPs are complementary.
- Both together create the constitutional philosophy.
Important Case:
- Minerva Mills Case (1980): Balance between Fundamental Rights and DPSPs is part of the Basic Structure of the Constitution.
Parliament cannot destroy either.
Implementation of DPSPs (Examples)
| DPSP Principle | Implemented Through |
|---|---|
| Free legal aid (Art 39A) | Legal Services Authorities Act, 1987 |
| Organization of Panchayats (Art 40) | 73rd Amendment Act, 1992 |
| Protection of Environment (Art 48A) | Various Environmental Protection Laws |
| Early Childhood Care (Art 45) | Integrated Child Development Scheme (ICDS) |
Criticism of DPSPs
- Non-enforceable: Merely a pious declaration without legal force.
- Vague and conflicting: No clear priorities set.
- Often ignored: Political unwillingness to implement.
However,
- DPSPs provide moral direction to governments.
- They influence laws, policies, and judicial decisions over time.
Conclusion
DPSPs are fundamental to achieving India’s Constitutional vision of a just, egalitarian society.
Though non-justiciable, they represent the social conscience of the Constitution.
Over time, courts, legislatures, and civil society have worked to realize the spirit of these directives.
Thus, DPSPs help India move closer to the ideals of justice — social, economic, and political.
Important Quick Facts for Prelims & Mains
| Fact | Detail |
|---|---|
| DPSP based on | Irish Constitution |
| Articles covering DPSP | Articles 36 to 51 |
| Amendment adding environment protection (Art 48A) | 42nd Amendment Act, 1976 |
| Key case for balance of FR and DPSP | Minerva Mills Case (1980) |
| Are DPSPs enforceable? | No (non-justiciable) |