FUNDAMENTAL RIGHTS

Articles 12-35 of Indian Constitution deal with Fundamental Rights.

These human rights are conferred upon the citizens of India for the Constitution tells
that these rights are inviolable.

Part 3 is considered as Magna Carta of the Indian Constitution as the idea behind both
is to ensure the rights of citizens.

Magna Carta is a first-ever document in history that states the rights of people and part
3 of the Constitution also defines the fundamental rights of citizens

The concept of Fundamental rights was created by Sardar Vallabhbhai Patel in 1931
during the Karachi session of INC.

Constitution of India has amended & included most of the fundamental rights within
42nd amendment Act.

There are six fundamental rights of Indian Constitution 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)

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 Act, 1978.
In a case Kesava Nanda Bharati VS State of Kerala reported in AIR 1973, supreme court
Feld that Parliament has the right to amend Fundamental Right but the basic features
cannot be destroyed.

Fundamental Rights (Articles 12-35)

Article 12: Defines The State

Article 13: Defines Laws Inconsistent with or In derogation of Fundamental Rights

Right to Equality (14-18)

14 Equality Before Law

15 Prohibition of Discrimination

16 Equality of Opportunity in Public Employment

17 Abolition of Untouchability

18 Abolition of Titles

Right to Freedom (Articles 19 – 22)

A) Article 19: Protection of 6 Rights:

Article 19 guarantees to all citizens the six rights of freedom including:

I) Right to freedom of speech and expression.

II) Right to assemble peaceably and without arms.

III) Right to form associations or unions or co-operative societies.

IV) Right to move freely throughout the territory of India.

V) Right to reside and settle in any part of the territory of India.

VI) Right to practice any profession or to carry on any occupation, trade or business.
20 Protection in Respect of Conviction for Offences

21 Protection of Life and Personal Liberty

21-A Right to Education

22 Protection Against Arrest and Detention

Right against Exploitation (Articles 23 – 24)

Right Against Exploitation (23-24)

23 Prohibition of Human Trafficking and Forced Labour

24 Prohibition of Child Labour

Right to Freedom of Religion

25 Freedom of Conscience, Profession, Practice and Propagation

26 Freedom to Manage Religious Affairs

27 Freedom from Taxation for Promotion of a Religion

28 Freedom from Attending Religious Instruction

Educational and Cultural Rights

29 Protection of Interests of Minorities

30 Right of Minorities to Establish and Administer Educational Institutions

Right to Constitutional Remedies

32 Right to remedies for the enforcement of the fundamental rights using five writs:

Habeas Corpus - to direct the release of a person detained unlawfully.

Mandamus - to direct a public authority to do its duty.

Prohibition - to prohibit a lower court from proceeding on a case.

Certiorari - the power of the higher court to remove a proceeding from a lower court and
bring it before itself.

33 Empowers the Parliament to restrict or abrogate the fundamental rights of the

34 Provides for the restrictions on fundamental rights while martial law(military rule) is
in force

35 Empowers the Parliament to make laws on Fundamental Rights

Note:-

Fundamental Rights has been borrowed from U.S constitution.

During National Emergency Article-19 suspended firstly & Article-20 & 21 don't suspend
at any cost.

Fundamental Right is Justiciable in nature. Whereas DPSP & Fundamental Duties are
not justiciable in nature.

Fundamental Rights has been borrowed from U.S constitution.

During National Emergency Article-19 suspended firstly & Article-20 & 21 don't suspend
at any cost.

Fundamental Right is Justiciable in nature. Whereas DPSP & Fundamental Duties are
not justiciable in nature.
 INDIAN POLITY
Fundamental DUTIES OF INDIAN CITIZEN

FUNDAMENTAL DUTIES IN INDIA - ARTICLE 51A

The idea of Fundamental Duties : Constitution of Russia.

Part IV-A

42nd Constitutional Amendment Act, 1976

Recommendations: Swaran Singh Committee.

Originally 10 in number, one more duty was added through the 86th Constitutional
Amendment Act, 2002.

All the eleven duties are listed in Article 51-A of the Constitution.

The fundamental duties serve as a reminder to citizens that while enjoying their rights,
they have also to be quite conscious of duties they owe to their country, their society
and to their fellow-citizens.

Directive Principles, the duties are also non-justiciable in nature.

List of Fundamental Duties

1. To abide by the Constitution and respect its ideals and institutions, the National Flag
and the National Anthem

2. To cherish and follow the noble ideals that inspired the national struggle for freedom;

3. To uphold and protect the sovereignty, unity and integrity of India;

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

5. To 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. To value and preserve the rich heritage of the country's composite culture;

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

8. To develop scientific temper, humanism and the spirit of inquiry and reform;

9. To safeguard public property and to abjure violence;

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

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

Directive Principles of State Policy

They are borrowed from the Constitution of Ireland, which had copied it from the
Spanish Constitution.

It is an instrument of instruction on legislative & executive of State & People.

It always work for the development & welfare of state & people.

It is also known as "Sister of Fundamental Rights".

They are an 'instrument of instructions' which are enumerated in the Government of

Directive Principles of State Policy – Classification

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

1. Socialistic Principles (Article 38, Article 39, Article 39 A, Article 41, Article 42, Article
43, Article 43A&Article 47)
2. Gandhian Principles (Article 40, Article 43, Article 43 B, Article 46, Article 47 and
Article 48)

3. Liberal-Intellectual Principles (Article 44, Article 45, Article 48, Article 48 A, Article 49,
Article 50 and Article 51)

1. Socialistic Principles

These principles contemplate the ideology of socialism and lay down the framework of
a democratic socialist state.

The concept envisages providing social and economic justice, so that state should
achieve the optimum norms of welfare state.

A) 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
opportunitiesp

B) 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

C) Article 39A

Promote equal justice and free legal aid to the poor

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

Right to work

Right to education

Right to public assistance,

E) Article 42

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

F) Article 43

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

G) Article 43A

Take steps to secure the participation of workers in the management of industries

H) Article 47

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

2. Gandhian Principles

These principles reflect the programme of reconstruction enunciated by Gandhi during

In order to fulfil the dreams of Gandhi, some of his ideas were included in DPSP and
they direct the state through- Article 40, Article 43, Article 43 B, Article 46, Article 47 and
Article 48.

A) Article 40

Organise village panchayats and endow them with necessary powers and authority to
enable them to function as units of self-government
B) Article 43

Promote cottage industries on an individual or co-operation basis in rural areas

C) Article 43B

Promote voluntary formation, autonomous functioning, democratic control and

D) 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

E) Article 47

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

F) Article 48

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

3. Liberal-Intellectual Principles

These principles inclined towards the ideology of liberalism and they direct the state
through- Article 44, Article 45, Article 48, Article 48 A, Article 49, Article 50 and Article 51.

A) Article 44

Secure for all citizens a uniform civil code throughout the country

B) Article 45

Provide early childhood care and education for all children until they complete the age
of six years

C) Article 48

Organise agriculture and animal husbandry on modern and scientific lines

D) Article 49 Protect monuments, places and objects of artistic or historic interest

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

F) Article 51

Promote international peace and security and maintain just and honourable relations
between nations

Foster respect for international law and treaty obligations

Encourage settlement of international disputes by arbitration