FUNDAMENTAL RIGHTS

U/A: 12-35
PART- III

INTRODUCTION ●​ Inspired by the US constitution(bill of Rights)

●​ They are called fundamental because they-
➔​ Guaranteed & protected by the constitution itself, which is the
fundamental law of the land.
➔​ Also, they are essential for the all-around development of the
individual.
●​ Right to property U/A 31 was removed by the 44th AA, 1978. And
made legal right U/A 300A, Part-12
Features of FR ●​ They are not absolute, but qualified. States can put reasonable
restrictions on them.
●​ Negative character- Placing limitations on the state.
●​ Positive Nature- Conferring certain privileges on people.
●​ Justiciable and can be directly enforced by the SC.
●​ Not sacrosanct or permanent- Parliament can curtail/repeal them only
by the amendment of the constitution.
●​ Can be suspended during the national emergency (Not rights U/A-
20&21). However, rights u/a 19 can be suspended during an
emergency if it occurs due to war/external aggression not by internal
rebellion.
●​ Scope of operations is limited by U/A 31(A)&(B)
●​ Application can be restricted during Martial law

PROVISIONS
Definition of ‘State’-
➔​ Parliament, State legislature & Executive
U/A 12 ➔​ Local Authorities- Panchayats, Municipalities &, etc
➔​ Statutory & Non-Statutory Bodies (LIC, OMGC &, etc)
➔​ Pvt body working as an instrument of state( judgement by SC)

●​ Any law which is inconsistent with or in derogation of any of the FR

shall be void to the extent of the inconsistency.
●​ The state shall not make laws which take away or abridge the FR &
any such law made shall, to the part of the contravention be void.
U/A 13 (Propounds the doctrine of Judicial Review)
●​ U/A 13(3): Definition of Law ?
●​ U/A 13(4): Constitutional amendments U/A 368 is not a law & hence
cannot be challenged. (added by 24th AA, 1971)
➔​ But the SC in the Kesavananda Bharati case declared that the
constitutional amendment can be challenged on the grounds
that it violates the basic structure of the constitution.
U/A 14: State shall not deny to any person equality before the law or equal protection of the law
within the T.O.I- given to all citizens, foreigners & legal persons.
Equality Before Law Equal Protection of Law
●​ It means- all are equal before the law-the ●​ It means- equality of treatment under
absence of privileges enjoyed by the equal circumstances
individual in the eye of the law, ●​ It permits reasonable positive &
irrespective of their rank & position. protected discrimination of persons,
They all be subjected to the ordinary objects & transactions of law.
●​ ●​ The underprivileged 1st made equal by
jurisdiction of court providing special privileges by the law in
●​ British origin order to treat them alike.
●​ Negatively worded ●​ US origin
●​ Prohibits special treatment ●​ Positively worded
●​ One of the aspects of ‘Rule of law’

EXCEPTIONS
U/A 361: Protection of President & Governors U/A 31(C): Laws for the implementation of
DPSP U/A 39(b)&(c)
U/A 105: Privileges of the members of U/A 194: Privileges of the members of the state
Parliament & committees of thereof legislature & committees of thereof

U/A15: Prohibition of Discrimination on certain grounds

●​ State shall not discriminate against any citizen on the grounds only of
Race, Religion, Caste, Sex, or Place of Birth or any of them
U/A 15(1) ➔​ (Discrimination on other grounds is not prohibited)

●​ It says that no citizen shall be subjected to any disability, liability,

restriction or condition on grounds only of Race, Religion, Caste, Sex,
or Place of Birth with regards to-
➔​ Access to shops, hotels, hospitals, parks & Public places of
U/A 15(2) entertainment; or
➔​ The use of wells, tanks, bathing Ghats, roads & places for
public use which are fully or partially maintained by the state.
●​ It prohibits the state as well as individuals against discrimination-
Implicity fights against untouchability.
EXCEPTIONS
U/A 15(3) ●​ State can make special provisions for women & children
U/A 15(4) ●​ Added by 1st AA, 1951
●​ Permits the state to make special provisions for the advancement of
 socially & educationally backward classes of citizens or for SC & ST.
●​ Empowered to make provisions for the backward classes mentioned
under U/A 15(4) regarding their admission to educational institutions
including private institutions, whether aided or unaided by the state.
U/A 15(5) ●​ Except the minority educational institution mentioned U/A 30(1).
(93rd AA, 2005)
●​ In order to implement it, the parliament passes the ‘Central
Educational Institutions(Reservation in Admission) Act, 2006.
Which provided for a 27% quota for OBC
●​ SC upheld the validity of the Amendment and the quota act. But
directed the exclusion of creamy layer among OBC while
implementing the act.
●​ The state is empowered to make any provisions for the advancement
of any economically weaker sections of citizens other than classes
mentioned in U/A 15(4)&(5)
U/A 15(6) ●​ Further, the state is allowed to make provisions for the reservation up
(103rd AA, 2019) to 10% of seats for such sections in admission to educational
institutions including private, whether aided or unaided by the state.
➔​ The reservation would be added to the existing reservation and
subject to 10% of the total seats in each category( OBC, SC,
ST).

U/A 16: Equality of Opportunity in Matters of Public Employment

There shall be equality of opportunity for all the citizens in matters relating
U/A 16(1) to public employment or appointment to any office under the state.
No citizen shall on the grounds of-
➔​ Race, Religion, Cast, Sex, Descent, P.O.B, residence, or any of them,
U/A 16(2) be ineligible for, or discriminate against in respect of any employment under
the state.
EXCEPTIONS
●​ Parliament can prescribe residence as a condition for certain
employment or appointment in a state or UT or local or under other
U/A 16(3) authority.
●​ No such provision for any state except (Andhra Pradesh & Telangana
U/A 271D)
●​ The State can make any provisions for the reservation of
U/A 16(4) appointments or posts in favor of any backward class of citizens
Reservation In which are not adequately represented in the service under the state.
Jobs
●​ SC upheld the validity of 27% reservation of OBC in jobs. However, it
Indra Sawhney & was directed to exclude creamy layers from the OBC beneficiary list.
others Vs UOI or ●​ No reservation in promotion, only to initial appointment.
 Mandal ●​ The total quota should not exceed 50% of the total seats.
Case(1992) ●​ Establishment of a permanent statutory body to examine the OBC list
With regard to the above ruling, the govt has taken the following actions:
●​ Ram Nandan Committed to identifying creamy layers among OBC
●​ The National Commission for Backward classes was established in
1993.
●​ In order to nullify the ruling with regard to reservations in promotions
& backlog vacancies. Parliament added 16(4)(A) & (B) by
●​ It empowers the state to provide for reservations in promotions (with
consequential seniority) of service under the state in favor of SC & ST,
U/A 16(4)(A) that are not adequately represented in the services. (77th AA 1995 &
85th AA 2001, respectively)
U/A 16(4)(B) ●​ Considering unfulfilled vacancy as a separate class of vacancy. (81st
AA, 2000)
●​ A law can provide that the incumbent of an office related to a religious
or denominational institution or a member of its governing body
U/A 16(5) should belong to a particular religion or denomination.
●​ Reservation of EWS in public employment in addition to the existing
reservation & subject to a maximum of 10% of all the posts in each
U/A 16(6) category.
(103rd AA, 2019) ●​ Scientific, Technical, and research-related jobs are exempted from
this reservation.

●​ Forbids its practice in any form

●​ The enforcement of any disability arising out of untouchability shall
be an offense punishable by the law.
Abolition of ●​ Absolute in nature, no exception.
Untouchability
(U/A 17) ●​ Renamed by 42nd AA: Protection of Civil Rights Act, 1955
●​ Untouchability: refers to the social disability imposed on certain
classes by the reason of their birth to certain castes.
1)​ Prohibits the state from conferring any title(except military or
academic) on anybody, whether a citizen or a foreigner.
Abolition of Titles 2)​ Prohibits the citizens of India from accepting any title from any
(U/A 18) foreign state.
3)​ A foreigner holding any office of profit or trust under the state cannot
accept any title from any foreign state w/o the consent of the
president.
4)​ Abolishment of hereditary titles.
●​ SC in 1996, validated the National Awards.
●​ It said the theory of equality does not mandate that merit should not
be recognized, but no suffix or prefix should be used by the awardee.
 U/A 19: Protection of certain rights regarding freedom of speech, etc-
All the citizens shall have the right-
A.​ To freedom of speech & expression;
B.​ To assemble peaceably & w/o arms;
C.​ To form associations or unions, or cooperative societies;
U/A 19(1) D.​ To move freely throughout the T.O.I;
E.​ To reside & settle in any part of the T.O.I;
F.​ [Right to acquire, hold & dispose of property- removed by 44th AA,
1978]
G.​ To practice any profession, or to carry on any occupation, trade or
business.
LIMITATIONS ON THE ABOVE RIGHTS
Restriction can be imposed on freedom S&E on the grounds of-
➔​ Sovereignty & integrity of India
➔​ Security of the State,
U/A 19(2) ➔​ friendly relations with foreign country
➔​ Public order, decency or morality
➔​ Contempt of court, defamation and incitement of offense.

●​ Restrictions on the ‘right to assembly’ on the grounds of-

➔​ Sovereignty & integrity of India including maintenance of
traffic in the area concerned (Section 144 of CPC)
U/A 19(3) ●​ right to assemble includes the right-
➔​ to hold public meetings,
➔​ Demonstrations & take out processions in peaceful &
unarmed manner.
➔​ It does not include the right to strike

●​ Restrictions on the rights U/A 19(1)(c) on the grounds of-

➔​ Sovereignty & integrity of the India
➔​ Public order & morality
U/A 19(4) ●​ Under these restrictions, the citizens have the liberty to form
associations & union for pursuing lawful injections & purposes
●​ (The right to obtain recognition of the association is not an FR)
●​ Not to form or join any association or union is also a right.
U/A 19(5) ●​ Restrictions on the rights U/A 19(1)(d)&(e) can be imposed on the
interest of the general public, & the protection of the interests of
scheduled tribes.
●​ Restrictions on the right of profession U/A 19(1)(g) can be imposed
on the grounds of general public interest; further, the state is
empowered to-
➔​ Prescribe professional & technical qualifications necessary for
U/A 19(6) practicing any profession, occupation, or trade/business.
➔​ Right to monopolize any trade/business/service by the state.
●​ The right U/A 19(1)(g) does not include any profession which is
immoral(trafficking, drugs, explosives &, etc).
 ●​ A company through U/A 32 cannot plea for the enforcement of FR
U/A 19- (a company not being a citizen has no FR)

Protection in respect of conviction for offense-

●​ It grants protection against arbitrary & executive punishment to an
U/A 20 accused person-both citizen, foreigner as well as a legal
person(company/org).

No ex-post-facto law:(a law imposes punishment retrospectively)

●​ No person shall be convicted or punished for any offense except for
the violation of law in force at the time of the commission of the act;
U/A 20(1) ●​ Nor, subject to a penalty greater than that prescribed by law in force
at the time of the commission of an act.
●​ Limitation: only imposed on criminal laws, & not on civil or tax laws-
can be imposed retrospectively.
No Double Jeopardy:
●​ No person shall be punished/persecuted for the same offense more
U/A 20(2) than once by the court of law.
●​ Limitation: Not available in proceedings before
departmental/administration or any non-judicial body.
No Self-Incrimination: No person accused of any offense shall be
compelled to be a witness against himself.
●​ Limitations: Extends only to criminal proceedings- not civil.
U/A 20(3) ●​ It also does not include any voluntary statement made in the exercise
of free will ( SC, 2012)
●​ Convicted persons are required to give sign and thumb impressions
for identification and other paperwork.

Protection of life & Personal liberty-

It declares that no person shall be deprived of his life or personal liberty
U/A 21 according to ‘procedure established by the law’.
➔​ Available to both citizens & foreigners

●​ SC incorporated the doctrine of ‘due process of law’ into the ambit

Menaka Case of Article-21, and held against not only the arbitrary action of the
(1978) executive but also against the arbitrary power/actions of the
legislature.
●​ Further, it said that the right to life U/A 21 is not merely confined to
animal existence or survival, but it includes the right to live with
SC in 2011 dignity & all those aspects which make life meaningful & worth living.
●​ W/O right to life, all other FR are meaningless. (Discuss, 150 words)
Article 21 has been interpreted in the most liberal manner by the SC & has given the following
rights under it-
Right to- Right to-
➔​ Livelihood, Shelter, Health ➔​ live with human dignity
➔​ Privacy, Free legal aid ➔​ Decent pollution-free environment
➔​ Speedy & fair trial, travel abroad ➔​ Free education up to 14yrs age
➔​ Information, electricity, Reputation ➔​ Social & economic justice &
empowerment.

Right to The state shall provide free & compulsory education to all children the age of
Education 6 to 14yrs. (added by 86th AA, 2002)
(U/A 21A) ●​ This provision only makes only elementary education an FR

U/A 22: Protection against arrest & Detention in certain cases

Punitive Detention Preventive Detention
U/A 22(1)(2)(3) U/A 22(4)(5)(6)(7)
Punitive Detention is to Punish a person for an Definition: If a person is detained even before
offence committed by him after trial & he/she commits a crime; without trial &
conviction in court under ordinary law conviction by the court
●​ Safeguards under ordinary law are ●​ Safeguard under Preventive detention:
following: Right to ➔​ A person detained on the ground of
➔​ Be informed of the grounds of arrest. suspicion shall be detained for a
➔​ To consult & be defended by a maximum of 3 months- which may be
lawyer continued only where the advisory
➔​ To be produced before a magistrate board recommends the continuation
within 24Hrs of arrest(excluding for further detention.
journey time). ➔​ The grounds of detention must be
➔​ Not to be detained for more than communicated to the detainee.
24Hrs without the authority of the ➔​ The detainee must be given an
magistrate. opportunity to make a representation
●​ Not available to an enemy alien & a against the detention order.
person detained under preventive ●​ Available to both citizens and enemy
detention law. aliens.
●​ SC ruled that the arrest & detention ●​ U/A 22 authorizes the parliament to
under 1st part of Art-22(Punitive prescribe-
detention) apply only to an act of ➔​ Circumstance & the classes of cases
criminal or Quasi-criminal nature or in which a person can be detained for
some activity prejudicial to the public more than 3 months under preventive
interest, not detention law, irrespective of the
➔​ Arrest under the orders of the court, opinion of the advisory board.
civil arrest, arrest on failure to pay ➔​ The max period of detention.
I.T & deportation of an alien. ➔​ The procedure is to be followed by the
advisory board in an inquiry.
Both centers & states can make laws for Preventive detention. Only differ in domain
Domain of Union: Defense, Foreign affairs & The domain of a State & Union as
Security of India. well(concurrent powers): Security of a state,
Maintenance of public order and maintenance
of supplies & services which are essential to
community

Prohibition of traffic in human being & forced labor

1)​ Prohibits traffic in human beings, begar(work w/o pay) and other
similar forms of forced labor; i.e- Bonded labor.
➔​ Any contravention shall be an offense punishable under laws.
➔​ Available to both citizens & foreigners against both state &
private persons.
➔​ E.g; Immoral Traffic(Prevention act(1956), Minimum Wage
U/A 23 Act(1948).
2)​ Exception: Permits the state to impose compulsory service for public
purposes( military or social services), for which it is not bound to pay
➔​ And while imposing, shall not make any discrimination on the
grounds of religion, race, caste or class.
Prohibition of Employment of Children in Factories. Etc-
●​ It prohibits the employment of children below age 14 yrs in any
factory, mine, or other hazardous activities like construction work or
railways.
●​ But, it does not prohibit their employment in any harmless workplace.
●​ Application of this provision-
➔​ The Child Labour(Prohibition & Regulation) Act, 1986
➔​ The factories act, 1948
U/A 24 ➔​ Employment of Children Act, 1938
●​ The Child Labour(Prohibition & Regulation AA, 2016)
➔​ It prohibits the employment of all children below 14 yr in
any/all occupation & process.
➔​ Prohibits the employment of adolescents(14-18yrs) in certain
hazardous occupations.
➔​ More strict punishment to offenders: 6mo-2yrs, or 20k to 50k
fine or both.

RIGHT TO FREEDOM OF RELIGION (U/A: 25-28)

1)​ All people(citizens & foreigners) are entitled to freedom of conscience &
the right to freely profess, practice & propagate any religion.
➔​ Subject to public order, morality, health & other provisions of
U/A 25 FR.
2)​ State is permitted to-
➔​ Regulate/Restrict any economic, financial, political, or other
 secular activity associated with religious practice; and
➔​ Provide for social welfare & reform or, the throwing open of
Hindu religious institutions to all classes & sections of Hindu
●​ It does not include forcible conversion of one’s religion to another.
●​ Profess Declaration of one’s religion.
●​ Wearing and carrying ‘kirpans’ shall be deemed to be included in the
profession of the Sikh religion.
●​ HINDU includes as per this article: Sikh, Jain, or Buddhist religions.
Freedom to Manage Religious Affairs
●​ Every religious denomination or any of its sections shall have the
following rights:
➔​ To establish & maintain institutions for religious & charitable
purposes;
U/A 26 ➔​ To manage its own religious affairs in matters of religion;
➔​ To own & acquire movable & immovable property, and
➔​ To administer such property in accordance with the law.
●​ All such rights are subject to public order, morality & health. But not
subject to other provisions relating to the FR….why?
●​ Art 26 guarantees rights of religious denomination & sections therein-
not individual
Freedom from Taxation for Promotion of a Religion(Depicts the secular
character of the state)
●​ No person shall be compelled to pay any taxes for the promotion or
maintenance of any particular religion or religious denomination.
●​ In other words- the state should not spend public money collected by
U/A 27 way of tax for the promotion/maintenance of any particular religion.
●​ It prohibits the state from favoring/supporting one religion over
another
●​ It does not prohibit a fee for some particular service
●​ State can spend tax money for the welfare of all the religious
denominations w/o any discrimination.
Freedom from attending religious instructions-
1)​ No religious instructions shall be provided in any educational
institution wholly maintained out of state fund.(Religious instructions
U/A 28 are prohibited completely)
2)​ This provision shall not apply to an E.I administered by the state
under any trust, requiring imparting of religious instruction in such
institutions.
3)​ No person attending any E.I recognized by state or receiving any aid
shall not be forced to attend any religious instructions or worship in
that institution w/o any consent (if minor, guardian).

Protection of interest of Minorities

 U/A 29 1)​ It provides that any citizen residing in any part of India having a
distinct language, script, or culture of its own, shall have the right to
conserve the same.
2)​ No person shall be denied admission into any E. I maintained by state
or receiving any aid out of state funds on grounds of race, caste, or
language.
Right of Minorities to establish & administer EI
●​ All minorities(religious or linguistic) shall have the right to establish &
administer E.I of their choice.
●​ 1(A): Minority EI enjoy the right to property though, the state can
acquire such property & will ensure compensation(fixed) for such
U/A 30 property which shall not restrict or abrogate the right guaranteed to
them(minorities).
●​ In granting aid to minority institutions, the state shall not
discriminate against aunty EI managed by minorities.
●​ It also includes the right of the minority to impart education to its
children in its own language.
●​ The protection of U/A 30 is confined only to minorities (religious or
linguistic) & does not extend to any section of citizens.
●​

●​ SC held that U/A 30 does not reverse discrimination in favor of

minorities over the majority.
●​ The general laws of land relating to Public interest, national security,
Malankara Syrian public order, morality, etc are applicable equally to minority
College Case institutions.
(2007) ●​ Such rights are not absolute. Reasonable restrictions can be imposed
to promote efficiency & prevent maladministration- it is done to
ensure proper utilization of aid w/o diluting the rights U/A 30(1).
U/A 32: Right to constitutional remedies for enforcement of FR of an aggrieved person
●​ Part of the Basic Structure of the constitution
●​ Heart & Soul of the Constitution- Dr. Ambedkar
●​ Power to Judicial Review
●​ It gives meaning to FR by providing machinery for their enforcement.
& Making the right to get FRs protected is in itself a right.
U/A 32(1) The right to move the SC by appropriate proceedings for the enforcement of
the FR is guaranteed.
U/A 32(2) The SC shall have the powers to issue directions/orders or writs for the
enforcement of FR.
U/A 32(3) W/o prejudice(damaging) the above powers of SC. Parliament can empower
any other court to issue directions, orders & writs of all kinds (judicial or
quasi-judicial body).
U/A 32(4) The right to move to SC shall not be suspended except as otherwise provided
by the constitution. (U/A 358 & 359)
Only FR can be enforced U/A 32 & not any other rights.

Armed Forces & FR-

●​ It empowers the parliament to restrict or abrogate the FR of the
members of armed forces, paramilitary forces, Police force, Intelligence
U/A 33 agencies & analogous forces, and other related members- to ensure
the proper discharge of their duties & the maintenance of discipline
among them.
●​ Such laws cannot be challenged in a court of law for the contravention
of any of the FR.
Martial law & FR-
●​ It provides for the restrictions on FR while martial law is in force in
any area within the T.O.I
●​ It empowers the parliament to indemnify(protect) any govt servant or
U/A 34 any other person for any act done by him in connection with the
maintenance or restoration of order in any area where martial law was
in force.
●​ The parliament can also validate any sentence passed, a punishment
inflicted, forfeiture ordered, or other act done under martial law in
such an area.
Affecting Certain FR-
●​ It lays down that the power to make laws, to give effect to certain
specified FR shall vest only in the Parliament & not in the state
U/A 35 legislature.
●​ It ensures that there is uniformity throughout India with regard to the
nature of those FR & punishment for their infringement.
Parliament shall have powers(not state legislature) in the following matters:
A.​ Prescribing residence as a condition for certain employment or
appointments in any authority (U/A 16).
B.​ Parliament can empower any other court to issue directions, orders &
U/A 35(1) writs of all kinds (judicial or quasi-judicial body).
C.​ It empowers the parliament to restrict or abrogate the FR of the
members of armed forces & other forces.
D.​ Indemnify govt servants for any act done under martial law.
Parliament shall have powers to make laws for prescribing punishment for
U/A 35(2) those acts that are declared offenses under FR (such rights U/A 17 & 23)
U/A 35 extends the competence of the parliament to make a law on the
matters specified above, even though some of those matters may fall within
the sphere of the state legislatures.
 Directive Principles of State Policy (DPSP)
(Part IV, Article 36-51)
Introduction
●​ Borrowed from the Irish Constitution of 1937
●​ Resembles the ‘Instrument of Instructions’ from G.O.I act 1935.
●​ DPSP are ideals, which should be followed by the state while forming & implementing
policies.
FUNDAMENTAL RIGHTS DPSP
Enforceable by the court of law Not enforceable by the court of law
Negatively worded- as it prohibits the state Positive obligations- as it directs the state to do
to do certain things certain things.
It establishes political democracy. It aims at establishing a social & economic
democracy.
Have legal sanctions Moral & Political sanctions
Promote the welfare of the individual. Hence, Promote the welfare of the community. Hence,
they are personal & individualistic. socialistic in nature.
Automatically enforced Not automatically enforced- requires legal
sanction(law) to be implemented.
The Supreme court can declare a law Cannot do such. But, the SC can uphold the
unconstitutional if it violates any FR. validity of the law if such law gives effect to any
DPSP.

QUESTIONS:
 U/A PROVISION APPLICATIONS
37 DPSP shall not be enforceable in the court of law; but
are fundamental to the governance of the country. It is
the duty of the state to implement it.
38 1)​ The state shall strive to promote the welfare of the ●​ Planning commission
people by securing social order permeated by 1950: to look for India’s
justice- social, economic & political. development in a planned
2)​ and to minimize inequalities in income,m, status, manner. (renamed to Niti
facilities, and opportunities, not only amongst Ayog, 2015)
individuals but also among groups. (added by ●​ It aimed of securing
44th AA, 1978) [S.P] socio-economic justice &
reduce inequalities
39 e The state shall direct its policies towards securing- ●​ Abolition of Zamindari
A.​ The right to adequate means of livelihood for all system
citizens. ●​ Tenancy reforms
B.​ The equitable distribution of material resources of ●​ Cap on landholdings
the community for common good.[nationalization ●​ Distribution of surplus
of banks (1969) and general insurance 1971; and land to landless laborers
the abolition of Privy Purses 1971] ●​ Equal remuneration act
C.​ Preservation of conc. Of wealth & means of its 1976
production. ●​ Article 39 (b) (c) was
D.​ Equal pay for equal work, for both men & made superior to FR
women. (U/A 14,19,31) By
E.​ Preservation of health & strength of workers & successive amendments
children against forcible abuse and S.C verdicts.
F.​ Opportunities for the healthy development of
children and protection against exploitation.
(added by 42nd AA, 1976)
[ Socialistic Principle/ S.P]
39A The state shall secure and promote equal justice & ●​ The legal service authority
provide free legal aid, by suitable legislature or schemes act, 1987
or in any way. ●​ Lok Adalat
(added by 42nd AA, 1976) [S.P]
40 The state shall take steps to organize village panchayats ●​ Constitutionalisation of
as units of self-government. [G.P] P.R.I by 73rd AA, 1992.
41 The state shall, within its economic capacity shall make ●​ Jawahar Rozgar Yojana,
provisions to secure the right to- 1989)
●​ Work, Education & Public assistance-in cases of ●​ National rural
unemployment, old age, sickness, & disablement. employment guarantee
program, (2006).

42 The state shall make provisions for securing just & ●​ The maternity benefit act,
humane conditions of work & maternity relief. [S.P] 1961
43 The state shall endeavor to secure- [S.P] ●​ Minimum wage act, 1948
 ●​ Living wages, a decent standard of living; social & ●​ Bonded labor system
cultural opportunities for all workers. [ S.P] abolition act 1986.
●​ Khadi & village industry
●​ To promote cottage industries in rural areas. board
●​ National small industries
corporation
43A The state shall take steps to secure the participation of ●​ Trade union act 1926
workers in the management of industries or ●​ Industrial disputes act
organizations. 1947
(added by 42nd AA, 1976) [S.P] ●​ Mines act 1952.
43B The state shall endeavor to promote the voluntary
formation, autonomous functioning, democratic control
& professional management of cooperative societies.
(added by 97th AA, 2011) [G.P]

44 The state shall endeavor to secure to all the citizens a

uniform civil code throughout the T.O.I
[ Liberal-Intellectual Principles/ LIP]
45 The state shall endeavor to provide early childhood care ●​ Made FR U/A 21A
& education to children until the age 6yr. ●​ Earlier - Provision for free
(Changed by 86th AA, 2002). [LIP] & compulsory education
for all children till 14 yrs
age
46 The state shall promote the educational & economic ●​ Protection of civil rights
interests of SC, ST & other weaker sections of the act, 1976.
society, ●​ SC & ST’s (prevention &
and shall protect them from social injustice & all forms atrocities), 1976.
of exploitation.
47 It shall be the primary duty of the state to ●​ Health centers.
●​ To raise the level of nutrition and standard of ●​ Programs to eradicate
living of people & to improve public health. malaria, TB, leprosy,
●​ To prohibit the consumption of alcohol and drugs cancer, Guinea Worm, etc.
which are injurious to health (can regulate liquor
industry) [G.P]

48 The state shall endeavor-

●​ To organize agriculture & animal husbandry on
modern & scientific lines,
●​ And prohibit the slaughter of cows, drought
cattle, calves & other milch and take steps for
preserving and improving the breeds.
48A Protection & improvement of the environment, and ●​ The wildlife (protection)
safeguarding forests and wildlife. [LIP] act, 1972
(added by 42nd AA, 1976) ●​ Forest (conservation) act,
1980
 ●​ The national forest policy
1988
49 It shall be the obligation of the state to protect every ●​ The Ancient & Historical
monument, place & object of artistic or historic interest Monuments &
which are declared to be of national importance. [LIP] Archeological sites and
remains Act (1951
50 The state shall take steps to separate the judiciary from ●​ Enforced by criminal
the executive in the public services of the state. [LIP] procedure code, 1973
51 Promotion of international peace & security- The state ●​ The policy of
endeavor to- non-alignment and
A.​ Promote international peace & security; “Panchsheel”
B.​ Maintain just & honorable relations between
nations;
C.​ Foster respect for international laws & treaty
obligations;
D.​ Encourage settlement of international disputes by
arbitration.
U/A Directive Principles outside Part IV
Claims of SCs & STs in making the appointments to services and posts in
U/A 335 connection with the affairs of a union or a state shall be taken into
[ Part XVI(16)] consideration; while maintaining the efficiency of administration.
U/A 350-A It shall be the duty of every state to provide facilities for instruction in
[Part XVII(17)] mother-tongue at the primary stage of education to all children belonging to
linguistic minority groups.
U/A 351 It shall be the duty of the state to promote the spread Hindi language and
[Part XVII(17)] develop it so that it may serve as a medium of expression for all the
composite cultures in India

Exceptions to Fundamental Rights [ Source of conflict between FR & DPSP]

U/A 31 Saving of laws providing for the acquisition of estates, etc

(added by 1st AA 1951)
Saves 5 categories of laws from being challenged on the grounds of
contravention with FR U/A 14 & 19.
A.​ Acquisition of estates & related rights or the extinguishment or
modification of any such rights by the state;
B.​ Taking over the management of any property for a limited period by the
state for the proper management;
C.​ the amalgamation of corporations either in the public interest or proper
management;
D.​ Extinguishment or modification of rights of the directors or shareholders
of the corporation; or
 E.​ rights accruing by virtue of the agreement, lease or licenses for mining, or
premature termination of such agreement or license,
Laws giving effect to this provision made by the state shall not apply until such
laws are reserved for the consideration of the President.
It also provides for compensation for the land(for personal cultivation) by the
government no less than market value.
U/A 31B It immunizes the act & regulations included in the 9th schedule from being
challenged & invalidated on the grounds of contravention of any of the FR-
whether or not the law falls under any of the 5 categories specified in Art 31A.
(added by 1st AA 1951 & 9th schedule)
Coelho Case(2007): SC declared 31B void
●​ It said that laws placed under the 9th schedule after April 24, 1973
(Propounded the doctrine of Basic Structure) are open to challenge in
court, if they violate FR U/A- 14, 15, 19, 21 & basic structure of the
constitution.

U/A 31C (Added by 25th AA, 1971)

A.​ No law that seeks to implement the D.P specified U/A 39 (b)&(c) shall be
void on the grounds of contravention with the FR U/A 14 & 19.
B.​ Such laws & Policies to implement D.P mentioned above cannot be
questioned on the grounds of whether the laws give effect to such
principle or not.
●​ In Kesavananda Bharati case(1973): SC took down 31C(b), and validated
31C(a).
●​ Parliament further widened the scope of 31C(a)- by including all the laws
to implement any of the DPSP in its protection.
●​ In the Minerva mill case (1980): SC declared it void too.

CONFLICT/EVOLUTION OF FR Vs DPSP
Champakam ●​ SC held that, in case of conflict between FR & DPSP, the FR would
Dorairajan Case prevail;
(1951) ●​ Also, FR could be amended by the Parliament.
●​ As a result, parliament made the 1st (1951), 4th (1955) & 7th ( 1964)
AA to give effect to some DP.
Kerala Education ●​ SC propounded the doctrine of the harmonious constitution and said
Bill Case (1957) that DP cannot overwrite FR,
●​ But the court also held that there is no inherent conflict between FR
& DPSP. Nevertheless, in determining the scope & ambit of FR the
courts cannot ignore DPSP completely and try to give/accommodate
both as much as possible.
●​ If there are two interpretations of the law is possible, then in giving
effect to DP the court should choose the alternative which provides
harmony between FR & DPSP
●​ However, if there is only one interpretation possible that leads to
conflict then the courts have no choice but to enforce FR over DPSP.
Golaknath Case ●​ SC held that FR cannot be amended for the implementation of DPSP
(1967) as FR are sacrosanct in nature & the parliament cannot abridge them
●​ Parliament Reacted to this judgment by enacting
●​ 24th AA, 1971: Parliament declared it has the power to amend,
abridge or take away any of the FR by enacting a constitutional
amendment act.
●​ 25th AA in 1971: added Article 31(c) containing two provisions (a)&(b)
Kesavananda ●​ SC declared 31C(b) unconstitutional & invalid; held the validity of
Bharati Case 31C(a)
(1973) ●​ By 42nd AA 1976, the Parliament further widened the scope of
31C(a)- by including all the laws to implement any of the DPSP in its
protection.
●​ It accorded the position of legal primacy & supremacy of DPSP over
FR U/A 14, 19, 31.
Minerva Mill Case ●​ SC held the extension of Art 31C(a) unconstitutional & invalid.
(1980) ●​ And once again FR was superior to DPSP.
●​ But rights U/A 14&19 made it subordinate to implement DPSP U/A
39(b)&(c).

●​ SC held that the Indian constitution is founded on the bedrock of the

balance between FR & DPSP.
●​ They both together constitute the core commitment to social
revolution.
●​ They are like two wheels of a chariot, one no less than the other
●​ The goals set out by the DPSP have to be achieved without the
abrogation of the means provided by FR.

CONCLUSION ●​ Present Position: FR enjoys supremacy over the DPSP.

●​ Yet, this doesn't mean DPSP cannot be implemented.
●​ The parliament can amend the FR for implementing DPSP, so long as
the amendment does not damage or destroy the basic structure of the
constitution.
1.​ How many fundamental rights are there in the constitution?
2.​ Name the article along with the subject matter under ‘Right to Freedom’
3.​ Name the subject matter U/A 25,26,26,28
4.​ Provide information related to ‘Right to equality’- article, subject matter, sub article & etc.
5.​ Write a short note on ‘rights against exploitation’
6.​ Explain types of writs U/A 32.
7.​ What are the exceptions of U/A 14?
8.​ List down what FR’s are given to Citizens only and to foreigners/all as well?