MODULE – 2

Fundamental Rights & Duties,

Directive Principles of State Policy
(DPSP)

1
 DEFINITION OF STATE
• Article 12 has defined the term ‘State’. According to it, the
State includes the following:
1. Government and Parliament of India.
2. Government and legislature of states.
3. All local authorities, that is, municipalities,
panchayats, district boards, improvement trusts, etc.
4. All other authorities, that is, statutory or non- statutory
authorities like LIC, ONGC, SAIL, etc.

2
 Fundamental Rights
• The Fundamental Rights are enshrined in Part III of the
Constitution from Articles 12 to 35.
• Part III of the Constitution is rightly described as the Magna
Carta of India.
• It contains a very long and comprehensive list of
‘justiciable’ Fundamental Rights.
• Inspired from the Constitution of USA (i.e.,
Bill of Rights).
• The Fundamental Rights are guaranteed by
the Constitution to all persons without any
discrimination
3
 Nature of Fundamental Rights
• The Fundamental Rights are guaranteed by the
Constitution to all persons without any discrimination.
• They uphold the equality of all individuals, the dignity of
the individual and the public interest.
• Unity of the nation.
• Prevent the establishment of an authoritarian and despotic
rule in the country.
• They are defended and guaranteed by the Supreme Court.
• They are ‘fundamental’ also in the sense that they are most
essential for the all-round development of the individuals.
• They can be suspended during the operation of a national
emergency

4
 Classification of Fundamental Rights
• Originally, the Constitution of India provided seven
Fundamental Rights,
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.
5. Cultural and Educational Rights(Articles 29-30)
6. Right to Property (Article 31)
7. Right to Constitutional Remedies (Article 32)
• However, the right to property was deleted from the list
of Fundamental Rights by the 44th Amendment Act,
1978.
• It is made a legal right under Article 300-A in Part XII of
the Constitution.
• So at present, there are only six Fundamental Rights.
 Right to Equality (Articles 14–18)
It implies:
1. Equality before law and equal protection of laws (Article
14) : It means absence of any special privileges in favour of any
person.
2. Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth (Article 15)
3. Equality of opportunity in matters of public employment
(Article 16): It means equality of opportunity for all citizens in
matters of employment or appointment to any office under the
State.
4. Abolition of untouchability and prohibition of its practice
(Article 17).
5. Abolition of titles except military and academic (Article 18).
(In 1954,Govt introduced decorations like ,Bharat Ratna,
Padma Vibhushan,Padma Bhushan and Padma Shri…..received
many criticisms)
 Right to Freedom (Articles 19–22)
It implies:
1. (Article 19) guarantees to all citizens the six rights:
(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.
2. Protection in respect of conviction for offences (Article 20).
By prohibiting,
a) Retrospective criminal legislation,
commonly known as ex post facto legislation (No person
shall be convicted of any offence except for violation of law

in force nor be subjected to a penality greater than that

inflicted under the law in force at the time of commission
of offence)
b) Double punishment for the same offence more than once
c) Compulsion to give self-incriminating evidence ( No
person accused of any offence shall be compelled to be
witness against himself)
3. Protection of life and personal liber (Article 21).
4. Right to elementary education (Article 21A): It implies
that state shall provide free and compulsory
education to all children of the age of 6 - 14 years
5. Protection against arbitrary arrest and detention
(Article 22).
- No person who is arrested shall be detained in custody
without being informed, as soon as may be, of the grounds for such
arrest
-No such person shall be denied the right to consult legal practitioner
of his choice
 Right against Exploitation
(Articles 23–24)
(a) Prohibition of traffic in human beings and forced labour
(Article 23): The ‘traffic in human beings’ include
 Selling and buying of men, women and children like
goods;
 Immoral traffic in women and children, including
prostitution;
 Devadasis and
 Slavery

(b) Prohibition of employment of children in factories, etc.

(Article 24).
-Article 24 prohibits the employment of children
below the age of 14 years in any factory, mine or other
hazardous activities like construction work or railway.
 Right to freedom of religion
(Article 25–28)
1. Freedom of conscience and free profession, practice and
propagation of religion (Article 25): It implies the inner
freedom of an individual to declare one’s religious beliefs
and faith openly and freely.
2. Freedom to manage religious affairs (Article 26).
3. Freedom from payment of taxes for promotion of any
religion (Article 27). It means that no person shall be
compelled to pay any taxes for the promotion or
maintenance of any particular religion or religious
denomination.
4. Freedom for attending religious instruction or worship
in certain educational institutions (Article 28)
 Cultural and Educational Rights
(Articles 29–30)
(a)Protection of language, script and culture of
minorities (Article 29)
- Article 29 provides that any section of the
citizens residing in any part of India having a distinct
language, script or culture of its own, shall have the
right to conserve the same.
(b)Right of minorities to establish and administer
educational institutions (Article 30).
 Right to constitutional remedies
(Article 32)
• Right to move the Supreme Court for the enforcement of
fundamental rights including the writs (writs as
extraordinary remedies to uphold the rights and liberties) of
1. Habeas corpus: It is a Latin term which literally means ‘to
have the body of’. It is an order issued by the court to a
person who has detained another person, to produce the
body of the latter before it.
2. Mandamus : It literally means ‘a command’. It is a
command issued by the court to a public official asking him
to perform his official duties that he/she has failed or
refused to perform.
3. Prohibition : Literally, it means ‘to forbid’. It is issued by a
higher court to a lower court or tribunal to prevent the
latter from exceeding its jurisdiction that it does not
possess
4. Certiorari: It means ‘to be certified’ or ‘to be informed’.
It is issued by a higher court to a
lower court or tribunal either to transfer a case pending
with the latter to itself or to quash
the order of the latter in a case.
5. Quo warranto (Article 32): In the literal sense, it
means ‘by what authority or warrant’. It is issued by the
court to enquire into the legality of claim of a person to a
public office.
 Directive Principles of State Policy
(DPSP)
• The Directive Principles of State Policy are enumerated
in Part IV of the Constitution from Articles 36 to 51.
• The framers of the Constitution borrowed this idea from
the Irish Constitution of 1937, which had copied it from
the Spanish Constitution.
• Dr. B.R. Ambedkar described these principles as ‘novel
features’ of the Indian Constitution.
 FEATURES OF THE DPSP

• It denotes the ideals that the State should keep in

mind while formulating policies and enacting
laws.
• The Directive Principles resemble the
‘Instrument of Instructions’
• It promotes the concept of a ‘welfare state’ and
not that of a ‘police state’
• They are not legally enforceable by the
courts.
 CLASSIFICATION OF THE DPSP

3 broad categories
1. Socialistic Principles
2. Gandhian Principles
3. Liberal-intellectual Principles

17
 Socialistic Principles
• These principles reflect the ideology of socialism.
• Aims at providing social and economic justice
• To promote the welfare of the people (Article 38)
• To promote equal justice and to provide free legal aid to the
poor (Art 39)
• Equitable distribution of material resources of the community
for the common good (Art 39)
• Prevention of concentration of wealth (Art 39)
• Equal pay for equal work for men and women (Art 39)
• To secure a living wage, a decent standard of life (Art 43)
• To secure the right to work, to education (Art 43)

18
 Gandhian Principles
• These principles are based on Gandhian ideology.
• To organise village panchayats to function as units of self-
government (Article 40)
• To promote Village and cottage industries (Art 43)
• To promote the educational and economic interests of SCs, STs,
and other weaker sections of the society (Art 46)
• To prohibit the consumption of intoxicating drinks and drugs
which are injurious to health (Article 47)
 Liberal-Intellectual Principles
• This principles represent the ideology of liberalism.
• Uniform Civil Code throughout the country (Article 44)
• To provide early childhood care and education for all children
until they complete the age of six years (Article 45)
• To protect and improve the environment and to
safeguard forests and wild life (Article 48 A)
• To protect monuments, places and objects of artistic or
historic interest (Article 49)
• To promote international peace and security and maintain just
and honourable relations between nations (Article 51)
 NEW DPSP
• The 42nd Amendment Act of 1976 added four new
Directive Principles to the original list.
They require the State:
1. To secure opportunities for healthy development
of children (Article 39).
2. To promote equal justice and to provide free legal aid to
the poor (Article 39 A).
3. To take steps to secure the participation of workers in
the management of industries (Article 43 A).
4. To protect and improve the environment and to
safeguard forests and wild life (Article 48 A).
 Fundamental Duties
• The original constitution contained only the
fundamental rights and not the fundamental duties.
• Later in 1976, the fundamental duties of citizens were
added in the Constitution. In 2002, one more Fundamental
Duty was added.
• The Fundamental Duties in the Indian Constitution are
inspired by the Constitution of USSR.
• Swaran Singh Committee suggested the incorporation of
eight Fundamental Duties in the
• Constitution, the 42nd Constitutional Amendment Act
(1976) included ten Fundamental Duties
 LIST OF FUNDAMENTAL DUTIES
• According to Article 51A, it shall be the duty of every
citizen of India:
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.
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.
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.
11. To provide opportunities for education to child or ward
between the age of 6 - 14 years. This duty was added by
the 86th Constitutional Amendment Act, 2002.