ACKNOWLEDGEMENT

We are thankful to Mr Khongsai, PGT, Political Science, Army Public School,

Shillong for having provided an opportunity to undertake project on “Fundamental
Rights and Directive Principles of State Policy” thereby providing a valuable exposure to
understanding the nuances and nitty-gritty’s of how our Fundamental Rights and
Directive Principles are enshrined by our Constitution and how they ensure democratic
governance of the our great country.

The professional guidance of Mr Khongsai coupled with the full hearted support
of other staff members rendered this project a valuable learning experience.

Last, but not the least, the able guidance and support received from our families
and dear friends has been instrumental in successful completion of this project.
INTRODUCTION

A constitution is not only about the composition of the various organs of the government
and the relations among them, the constitution is also a document that sets limits on the
powers of the government and ensures a democratic system in which all persons enjoy
certain rights . The constitution sets limits on what a government can impose on its
citizens and these limits are fundamental in the sense that the government may never
trespass [Link] most common way of limiting the power of government is to specify
certain fundamental rights that all of us possess as citizens and which no government
can ever be allowed to violate. The exact content and interpretation of these rights
varies from constitution to constitution. Most constitutions protect a basic cluster of
rights. In practice, these rights can be limited during times of national emergency and
the constitution specifies the circumstances under which these rights may be withdrawn.
In the past six decades, the scope of rights has changed and in some respects,
expanded.

The Indian constitution also provides an enabling framework for the government to do
certain positive things, to express the goals and aspirations of the society. Societies
with deep entrenched inequalities of various kinds not only have to set limits on the
powers of government, they also have to enable and empower the government to take
positive measures to overcome forms of inequality and deprivation. The directive
principles of state policy enjoin the government to fulfill these aspirations along with the
fundamental rights.

FUNDAMENTAL RIGHTS

BRIEF INSIGHT

Bill of rights:-it is a list of rights enjoyed by the citizens, mentioned and protected by the
constitution. A bill of rights prohibits government from thus acting against the rights of
the individuals and ensures a remedy in case there is violation of these rights. These
rights may be threatened by another person, private organization or even the organs of
the government (legislature, executive or judiciary), in the course of their functioning,
may violate these rights.

Fundamental rights refer to a charter or bill of rights which has been enshrined in part3
of the Indian constitution. These fundamental rights guarantee civil liberties to the
citizens of India. In today’s date India has namely six broad fundamental rights. If there
is any violation of these fundamental rights, it results in punishments as prescribed
under the Indian Penal Code (IPC) but is also subject to the court’s discretion. These
rights are mentioned as follows:
  Right to equality
 Right to freedom
 Right against exploitation
 Right to freedom of religion
 Cultural and educational rights
 Right to constitutional remedies

The word ‘fundamental’ suggests that these rights are so important that the constitution
has separately listed them and made special provisions for their protection.

IMPORTANCE OF FUNDAMENTAL RIGHTS

 Dr B R Ambedkar described them as the most citizen part of the constitution.

They are essential to protect the liberties and rights of the people against the
infringement of power delegated by them to the government.
 These rights embody the basic values cherished since the Vedic times and
protect the dignity and equality of the individuals and the nation’s unity. They help
in the all round development of the citizens and the country as a whole.
 They are essential for the individual to attain his full intellectual, moral and
spiritual status. They establish a government of law and not of man.
 These rights aim at perishing all the inequalities that the nation was borne with
after its independence, especially the class and caste inequalities which were
engraved in the Indian society due to the Varna caste system.
 Apart from eradicating all the societal inequalities, these fundamental rights also
aim at preserving the immense diversity that is present in India.
 These are essentially human rights but are regulated by the constitution. It is
because of these that a citizen is able to understand the importance of all the
members of the society.
 The constitution also provides for enforcement of these rights hence they have
legal value as well which empowers a citizen to protect, respect and fulfill the rule
of law.

ADOPTION OF RIGHTS FROM DIFFERENT CONSTITUTIONS

The inclusion of fundamental rights into the constitution of India was inspired by many
countries’ constitutions. These countries include: bill of rights of the United States of
America, England’s bill of rights and France’s declaration of human rights.

ABSTRACT

When India gained its independence on 15th August 1947, the humungous task which
was in front of the members of the constituent assembly was to draft the Constitution of
India for which, it took almost a good three years for its completion. During our freedom
struggle, the leaders of the movement had realised the importance of rights. It was thus
natural that when India became independent and the constitution was being prepared,
there were no question on not to include and protect the rights of the people. A
significant development took place while the Indian constitution was still in its making.
On 10th December 1948, United Nations General Assembly adopted the universal
declaration of human rights which called for all the member states of United Nations to
adopt these rights in their corresponding constitutions (Kesavnanda Bharati vs. The
State of Kerala ;AIR1973 S.C. 1461,(1973) 4 SCC 225- in what came to be famously
known as the “Fundamental Rights Case “, the Supreme Court decided that the basic
structure of the Indian constitution was unamendable, therefore, these rights were
included in the 1st Draft Constitution(February 1948), 2nd Draft Constitution(17th
October) and finally in the 3rd and last Draft Constitution.(on 26th November 1949).

FUNDAMENTAL RIGHTS OF THE INDIAN CITIZENS

The Constitution of India grants and guarantees the fundamental rights of the people.
Originally, it describes seven fundamental rights but after the 44th amendment to the
constitution, their number has come down to six. Right to property (art 31) has been
deleted from the lease of Fundamental Rights and it has been made a legal right under
article 300A. The six fundamental rights of the Indian citizens are:

RIGHT TO EQUALITY

It includes/ provides the following:

 Under this right all the citizens of this country are equal in the eyes of the law
 Equality before law-equal protection of laws
 Prohibition of discrimination on grounds of religion, race, caste, sex or place of
birth-equal access to shops, hotels, wells, tanks, bathing ghats, roads, etc.- this
right is very important because our society did not practice equal access in the
past.
 Equality of opportunity in public employment
 Abolition of Untouchability- the practice of untouchability is one of the crudest
manifestations of inequality . this has been abolished under the right to equality.
 Abolition of titles except for military and academic or educational degrees
 Indian citizens are also forbidden from accepting any title from any foreign state
without the permission from the President of India.

The Preamble mentions two things about equality : equality of status and equality of
opportunity. Equality of opportunity means that all sections of the society enjoy equal
opportunities. The constitution clarifies that the government can implement special
schemes and measures for improving the conditions of certain section of the society:
children, women and the socially and educationally backward classes. The government
has thus introduced ‘reservations’ in jobs and in admissions. In fact Article 16(4) of the
constitution explicitly clarifies that a policy like reservation will not be seen as a violation
of right to equality.

RIGHT TO FREEDOM

It includes/ provides the following:

 Protection of Right to
- freedom of speech and expression;
- assemble peacefully without arms;
- form associations/unions;
- freedom to movement
- reside and settle in any part of India;
- practice any profession, or to carryon any occupation, trade or business
 Protection in respect of conviction of offences – our constitution ensures that
persons accused ofvarious offences would also get sufficient protection, no one
is guilty unless the court has found that person guity of an offence, a person
accused of any crime should get adequate opportunity to defend herself or
himself
 Right to life and personal liberty – no citizen can be denied his or her life except
by procedure as laid down under the law, no one can be arrested without being
told the grounds for such an arrest
 Right to education
 Protection against arrest and detention in certain cases

Preventive Detention: If the government feels that a person can be a threat to law and
order or to the peace and security of the nation, it can detain a person. This preventive
detention can be extended only for three months. After three months such a case is
brought before an advisory board for review.

RIGHT AGAINST EXPLOITATION

 Prohibition of traffic in human beings and forced labour

 Prohibition of employment of children in hazardous jobs-no one can take other’s
work from others without paying money for their labour and children below
fourteen years of age cannot be employed in factories or mines or any other
dangerous work
RIGHT TO FREEDOM OF RELIGION

 India has been declared a secular state and the state has no religion. According
to this right freedom of religion is granted to every individual.
 Freedom of conscience and free profession, practice and propagation of religion
that one likes and has faith in the same.
 Freedom to manage religious affairs.
 Freedom to pay taxes for promotion of any particular religion
 Freedom to attend religious instruction or worship in certain educational
institutions

CULTURAL AND EDUCATIONAL RIGHTS

India is not a monolithic society but a society that has vast diversity. Our constitution
believes that diversity is our strength. Therefore, one of the fundamental rights is the
right of the minorities to maintain their culture. This minority status is not dependent only
upon religion but linguistic and cultural minorities are also included in this provision.
Minorities are groups that have common language or religion and in a particular part of
the country or in the country as a whole, they are outnumbered by some other social
section.

This fundamental right includes the following:

 Protection of language, culture of minorities-the people of india whose language

or culture is separate or unique have the right to protect and develop it.
 Right of minorities to establish educational institutions-every citizen has the
access to government aided educational institutions. The government will not,
while granting aid to educational institution, discriminate against any educational
institution on the basis that it is under the management of minority community.

RIGHT TO CONSTITUTIONAL REMEDIES

 Rights to move the courts to issue directions/orders/writs for enforcement of

rights
 For the protection of the above given fundamental rights, all the citizens have the
right to approach the Supreme Court or High Courts according to Article 32 and
Article 226, respectively.
 Article 32 of the Indian Constitution empowers the Supreme Court to issue orders
and directions, prerogative writs for the enforcement of fundamental rights.
 Besides the Supreme Court, a person may also approach High Courts for the
enforcement of fundamental rights. The High Courts under article 226 of the
 constitution can also issue writs for the enforcement of the fundamental rights.
The writs are as following:
 Habeas corpus: using it, the court orders that the arrested person should be
presented before it. It can also order to set free an arrested person if the manner
or grounds of arrest are not lawful or satisfactory.
 Mandamus: is issued when the court finds that a particular office holder is not
doing legal duty and thereby is infringing on the right of an individual.
 Prohibition: is issued by a higher court (High Court or Supreme Court) when a
lower court has considered a case going beyond its jurisdiction.
 Quo Warranto: if the court finds that a person is holding office but is not entitled
to hold that office, it issues the writ of quo warranto and restricts that person from
acting as an office bearer.
 Certiorari: under this writ, the court orders a lower court or another authority to
transfer a matter pending before it to the higher authority or court.

Directive Principles of State Policy

The Articles 36-51 deal with the provisions of the directive principles which are contained
in part IV of the Indian constitution. These noble features have been adopted from the
Constitution of Ireland.

These principles are the right instructions or guidelines issued to the states/ federal units
and the centre are to act in such a way so as to promote fraternity, equality and to
guarantee justice and liberty to people. The principal aim of these principles is to transform
India into a welfare state. The directive principles is a unique blend of socialism, gandhism,
western liberalism and the ideals of the Indian freedom movement.

According to Article 37, they are not enforceable by the courts. It just lays down the
fundamental principles and guidelines on which they are based are fundamental
guidelines for governance that the State need to follow while designing the laws.
Emphasis is on the Welfare of State Model.

GOALS
 Welfare of the people
 Social, economic and political justice
 Raising the standard of living (Article 47)
 Equitable distribution of resources
 Promotion of international peace (Article 51)
POLICIES
 Uniform civil code
 Prohibition of consumption of alcoholic liquor (Article 47)
 Promotion of cottage industries (Article 43)
 Prevention of slaughter of useful cattle
 Promotion of village panchayats

NON-JUSTICIABLE RIGHTS
 Adequate livelihood
 Equal pay for equal work for men and women
 Right against economic exploitation
 Right to work (Article 41-43)
 Early childhood care and education to children below the age of six years (Article
45)

THE FUNDAMENTAL DUTIES

 In 1976, the 42nd amendment to the Constitution was passed. Among other things,
this amendment inserted the list of Fundamental Duties of Citizens. In all, ten duties
were enumerated. These are defined as the moral obligations of all citizens to help
promote a spirit of patriotism and to uphold the unity of India and concern the
individuals and the nation. Included in Part IVA of the Constitution, like the Directive
Principles, they are not enforceable by the law. However, the Constitution does not
say anything about enforcing these duties.

 As citizens, we must abide by the Constitution, defend our country, promote

harmony among all citizens, protect the environment.

 However, it must be noted that our Constitution does not make the enjoyment of
rights dependent or conditional upon fulfillment of duties. In this sense, the inclusion
of fundamental duties has not changed the status of our fundamental rights.

THE RELATIONSHIP BETWEEN THE FUNDAMENTAL RIGHTS, DIRECTIVE

PRINCIPLES AND FUNDAMENTAL DUTIES

Directive Principles have been used to uphold the Constitutional validity of legislation in
case of conflict with Fundamental Rights. According to the amendment of 1971, any law
that even though it deviates from the Fundamental Rights, but has been made to give
effect to the Directive Principles in Article 39(b)(c) would not be deemed invalid. The
Fundamental Duties will be held obligatory for all citizens subject to the State enforcing the
same by means of a valid law.

DIFFERENCE BETWEEN FUNDAMENTAL RIGHTS AND DIRECTIVE PRINCIPLES

OF STATE POLICY:

In Indian democratic setup, fundamental rights and directive principles are equally
important. Both contribute to the success of democracy. However, there are differences
between them which are as given below:

i) Fundamental Rights are justiciable, but Directive Principles are non justiciable.

ii) Fundamental Rights are accompanied by some limitations hence, they are not
absolute. The Directive Principles are free from constitutional limitations. Their
limitations depend upon the viability of the resources of the state.

iii) Fundamental Rights can be suspended during national emergency except the
rights mentioned under Articles 21 and 22. But, Directive Principles are in the state of
permanent suspended animation unless they are implemented. It depends on the state
whether it wants to implement it or not.

iv) The main aim of the Fundamental Rights is to establish political democracy by
guaranteeing equality, liberty, religious freedom and cultural rights. But, the aim of the
Directive Principles are to establish the social, economic and political order.

v) Fundamental Rights are primary laws but Directive Principles are subsidiary or
secondary in nature. In case of a conflict between the two, the former shall prevail over
the Principles.

vi) Fundamental Rights can be enforced without new legislations whereas Directive
Principles cannot be implemented automatically. For the implementation of Directive
Principles, new legislations are necessary.

vii) Fundamental Rights mainly aim to protect rights of individuals, while Directive
Principles ensure the well being of the entire society.

CONCLUSION

The Constitution which lays down the basic structure of a Nation’s polity is built on the
foundations of certain fundamental values. The vision of our founding father’s and the
aims and objectives which they wanted to achieve through the constitution are
contained in the Preamble, the Fundamental Rights and the Directive Principles. These
three may be described as the soul of the constitution and the testament of the founding
fathers to the succeeding generations together with the later part on Fundamental
Duties. Fundamental rights are worded in the constitution in somewhat vague words
such as ‘ reasonable restriction’ , ‘morality’ , ’public order’ , etc. This gives scope to the
judiciary to broaden the scope of these fundamental rights. Thus, it empowers the
citizens with these rights. On the other hand, it also means that it would increase
unnecessary litigation at the same time.

Merely because DPSPs are not justiciable in a court of law, does not render them
useless. Their importance has increased manifold over the years. They serve not only
as guidelines today, but also keep a check on the governments, even though that check
is not the Court’s but the citizens’. The parties that form governments today are not
concerned with the well-being of the nation. They play divisive politics for their personal
betterment. They are concerned with the furtherance of their ideologies that the nation
may not even share. In this environment, the DPSPs are a yardstick for the
government’s performance and also a check on arbitrary legislation.

Aim: The aim of this project is to study the Fundamental Rights and the Directive
Principles of State Policy as enshrined in the Indian Constitution

Objectives: The project has the following objectives:

a) To explain the six Fundamental Rights in detail which are presently

available to all the Indian citizens.

b) To elaborate the Directive Principles of State Policy and state its aims and
goals.

c) To bring out the relationship between the Fundamental Rights and the
Directive Principles of State Policy and their importance.

d) To analyse and deduce a conclusion on whether fundamental rights and

directive principles have been effective in their functioning or not.