Unit-2
Fundamental Rights
Part III of the Constitution deals with Fundamental Rights which are basic human rights
guaranteed to all citizens.
These rights promote liberty and dignity of individuals and aim to create conditions for the
full development of human personality.
The six fundamental rights are right to equality, right to freedom, right against
exploitation, right to freedom of religion, cultural and educational rights, and right to
constitutional remedies.
Right to equality includes equality before law, prohibitions on discrimination, and equal
access to public places and employment.
Right to freedom includes speech and expression, assembly, association, movement,
residence and profession.
Right against exploitation prohibits forced labor, child labor and human trafficking.
Cultural and educational rights protect rights of minorities to conserve their culture,
language and script.
Right to constitutional remedies allows citizens to approach the Supreme
Court or High Courts to enforce their fundamental rights.
Fundamental rights are not absolute and reasonable restrictions can be
imposed in interest of sovereignty, integrity, public order, decency, morality
etc.
During emergency, rights can be suspended except right to life and personal
liberty under Article 21.
Fundamental rights are justiciable and can be enforced by courts through
writs like habeas corpus, mandamus, prohibition, quo warranto and
certiorari.
Fundamental duties were added in 1976 to balance fundamental rights.
Fundamental Duties
Fundamental duties were added to the Constitution by the 42nd Amendment
in 1976 on recommendations of the Swaran Singh Committee.
Originally 10 in number, they were increased to 11 by the 86th Amendment in
2002.
Fundamental duties are listed in Article 51A and are obligatory for all citizens.
However, they are non-justiciable and cannot be legally enforced.
The duties aim to promote patriotism, national unity, spirit of common
brotherhood, human dignity, scientific temper, and to safeguard public
property.
Citizens are duty bound to abide by the Constitution, respect the national flag
and national anthem, follow the noble ideals of freedom struggle, protect
sovereignty, integrity and security of India.
Additional duties added later obligate citizens to protect the environment,
have compassion for living creatures and develop scientific temper, humanism
and spirit of inquiry.
Parents and guardians also have duties to provide opportunities for education
to their child or ward in the 6-14 year age group.
The 86th Amendment also made elementary education a fundamental right
under Article 21A.
While fundamental rights allow citizens to demand from the state,
fundamental duties enjoin citizens to voluntarily contribute to the nation
building process.
Directive Principles of State Policy
The Directive Principles are listed in Part IV of the Constitution, from Articles
36 to 51.
They were inspired by the Irish constitution and provide guidelines for the
state on various socio-economic matters.
The principles aim to establish social and economic democracy through a
welfare state.
They guide the state to work towards eradicating poverty, providing free and
compulsory education, improving public health, maintaining environmental
quality and protecting weaker sections.
Some key principles relate to adequate livelihood, equal pay for equal work,
judicious distribution of material resources, prevention of concentration of
wealth and means of production, free legal aid and protection of family life.
Originally non-justiciable, some principles like equal pay for equal work and
free legal aid can now be enforced in a court of law.
The state is expected to apply these principles while making laws and
policies, though they are non-binding in nature.
The principles complement the Fundamental Rights which are legally
enforceable rights of individuals.
Critics argue the Directive Principles are vague and contradictory, not
enforceable and subordinate to Fundamental Rights.
But supporters emphasize they provide a social welfare roadmap to achieve
an egalitarian society and can help courts interpret ambiguous areas of law.
Promoting welfare of the people by securing a social order with justice
(Article 38)
Ensuring adequate livelihood for all citizens (Article 39)
Equal pay for equal work for men and women (Article 39)
Originally non-justiciable, some principles like equal pay for equal work and
free legal aid can now be enforced in a court of law.
The state is expected to apply these principles while making laws and
policies, though they are non-binding in nature.
The principles complement the Fundamental Rights which are legally
enforceable rights of individuals.
Critics argue the Directive Principles are vague and contradictory, not
enforceable and subordinate to Fundamental Rights.
But supporters emphasize they provide a social welfare roadmap to achieve
an egalitarian society and can help courts interpret ambiguous areas of law.
Promoting welfare of the people by securing a social order with justice
(Article 38)
Ensuring adequate livelihood for all citizens (Article 39)
Equal pay for equal work for men and women (Article 39)