DEFINITION OF

MODULE – 2 STATE
• Article 12 has defined the term ‘State’.
Fundamental Rights & Duties,
According to it, the State includes the following:
Directive Principles of State 1. Government and Parliament of India.
Policy (DPSP) 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.
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Nature of Fundamental Rights

Fundamental Rights • The Fundamental Rights are guaranteed by the
Constitution to all persons without any
• The Fundamental Rights are enshrined in Part III discrimination.
of the Constitution from Articles 12 to 35. • They uphold the equality of all individuals.
• The dignity of the individual.
• Part III of the Constitution is rightly described as • The larger public interest.
the Magna Carta of India. • Unity of the nation.
• It contains a very long and comprehensive list of • Prevent the establishment of an authoritarian and
despotic rule in the country.
‘justiciable’ Fundamental Rights.
• They are defended and guaranteed by the Supreme
• Inspired from the Constitution of USA (i.e., Court.
• They are ‘fundamental’ also in the sense that they are
Bill of Rights). most essential for the all-round development of the
The Fundamental Rights
• discrimination. are guaranteed individuals.
• They can be suspended during the operation of a
by the Constitution to all persons 3 4

National Emergencies
 Classification of Fundamental Rights
• However, the right to property was deleted
• Originally, the Constitution of India provided from the list of Fundamental Rights by the
for seven Fundamental Rights, 44th Amendment Act, 1978.
1. Right to Equality (Articles 14–18) • It is made a legal right under Article 300-A in

2. Right to Freedom (Articles 19–22) Part XII of the Constitution.

3. Right against Exploitation (Articles 23–24) • So at present, there are only six Fundamental
4.Right to Freedom of Religion (Articles 25–28) Rights.
5.Cultural and Educational Rights(Articles 29-30)
6. Right to Property (Article 31)
7. Right to Constitutional Remedies (Article 32)
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Right to Equality (Articles 14–18) Right to Freedom (Articles 19–22)

It implies: It implies:
1. Equality before law and equal protection of laws (Article 1. (Article 19) guarantees to all citizens the six rights:
14) : It means absence of any special privileges in favour
of any person. (i) Right to freedom of speech and expression.
2. Prohibition of discrimination on grounds of religion, race, (ii) Right to assemble peaceably and without arms.
caste, sex or place of birth (Article 15) (iii) Right to form associations or unions or
3. Equality of opportunity in matters of public employment co-operative societies.
(Article 16): It means equality of opportunity for all
citizens in matters of employment or appointment to any (iv) Right to move freely throughout the territory of
office under the State. India.
4. Abolition of untouchability and prohibition of its practice (v) Right to reside and settle in any part of the territory
(Article 17).
of India.
5. Abolition of titles except military and academic (Article
18). (vi) Right to practice any profession or to carry on any
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occupation, trade or business.
 Right against
2. Protection in respect of conviction for Exploitation
offences (Article 20).
(a) Prohibition of (Articles 23–24)
traffic in human beings and forced labour
3. Protection of life and personal (Article 23): It prohibits traffic in human beings, forced
labour. The ‘traffic in human beings’ include
liberty (Article 21).
Selling and buying of men, women and children
4. Right to elementary education (Article 21A): like goods;
It implies that state shall provide free and Immoral traffic in women and children, including
compulsory education to all children of the age prostitution;
Devadasis and
of 6 - 14 years Slavery
5. Protection against arrest and detention
in certain cases (Article 22). (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
9 railway. 10

Right to freedom of religion Cultural and Educational Rights

(Article 25–28) (Articles 29–30)
1. Freedom of conscience and free profession, practice
and propagation of religion (Article 25): It implies (a) Protection of language, script and culture of
the inner freedom of an individual to declare one’s minorities (Article 29): Article 29 provides
religious beliefs and faith openly and freely.
that any section of the citizens residing in any
2. Freedom to manage religious affairs (Article 26).
part of India having a distinct language, script
3. Freedom from payment of taxes for promotion of
any religion (Article 27). It means that no person or culture of its own, shall have the right to
shall be compelled to pay any taxes for the conserve the same.
promotion or maintenance of any particular religion
or religious denomination. (b) Right of minorities to establish and
4. Freedom for attending religious instruction or administer educational institutions (Article
worship in certain educational institutions (Article 30).
28)
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 Right to constitutional remedies 3. Prohibition : Literally, it means ‘to forbid’. It is
(Article 32) issued by a higher court to a lower court or
• Right to move the Supreme Court for the tribunal to prevent the latter from exceeding its
enforcement of fundamental rights including the jurisdiction that it does not possess
writs (writs as extraordinary remedies to uphold
the rights and liberties) of 4. Certiorari: It means ‘to be certified’ or ‘to be
1. Habeas corpus: It is a Latin term which informed’. It is issued by a higher court to a
literally means ‘to have the body of’. It is an lower court or tribunal either to transfer a
order issued by the court to a person who has
detained another person, to produce the body case pending with the latter to itself or to
of the latter before it. squash
2. Mandamus : It literally means ‘we command’. It the order of the latter in a case.
is a command issued by the court to a public 5. Quo warranto(Article 32): In the literal sense,
official asking him to perform his official duties
that he/she has failed or refused to perform. it means ‘by what authority or warrant’. It is
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issued by the court to enquire into the legality 14

of claim of a person to a public office.

Directive Principles of State Policy
FEATURES OF THE DPSP
(DPSP)
• The Directive Principles of State Policy are • It denotes the ideals that the State should
enumerated in Part IV of the Constitution keep in mind while formulating policies and
from Articles 36 to 51. enacting laws.
• The framers of the Constitution borrowed • The Directive Principles resemble the
this idea from the Irish Constitution of 1937, ‘Instrument of Instructions’
which had copied it from the Spanish
Constitution. • It promotes the concept of a ‘welfare state’
• Dr. B.R. Ambedkar described these principles and not that of a ‘police state’
as ‘novel features’ of the Indian Constitution. • They are not legally enforceable by the
courts.
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 Socialistic Principles
CLASSIFICATION OF THE DPSP
• These principles reflect the ideology of socialism.
• Aims at providing social and economic justice
3 broad categories • To promote the welfare of the people (Article 38)
1. Socialistic Principles • To promote equal justice and to provide free legal
2. Gandhian Principles aid to the poor (Art 39)
• Equitable distribution of material resources of the
3. Liberal-intellectual Principles
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
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• (Artsecure
To 43) the right to work, to education (Art 43) 18

Gandhian Principles Liberal-Intellectual Principles

• This principles represent the ideology of liberalism.
• These principles are based on Gandhian ideology. • Uniform Civil Code throughout the country (Article 44)
• To organise village panchayats to function as • To provide early childhood care and education for all
units of self-government (Article 40) children until they complete the age of six years (Article
• To promote Village and cottage industries (Art 43) 45)
• To protect and improve the environment and to
• To promote the educational and economic
safeguard forests and wild life (Article 48 A)
interests of SCs, STs, and other weaker sections of
• To protect monuments, places and objects of artistic or
the society (Art 46) historic interest (Article 49)
• To prohibit the consumption of intoxicating • To promote international peace and security and
drinks and drugs which are injurious to health 19
maintain just and honourable relations between nations
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(Article 51)
 NEW DPSP Fundamental Duties
• The 42nd Amendment Act of 1976 added four • The original constitution contained only the
new Directive Principles to the original list. fundamental rights and not the fundamental
They require the State: duties.
1. To secure opportunities for healthy • Later in 1976, the fundamental duties of citizens
development of children (Article 39). were added in the Constitution. In 2002, one
2. To promote equal justice and to provide free more Fundamental Duty was added.
legal aid to the poor (Article 39 A). • The Fundamental Duties in the Indian
3. To take steps to secure the participation Constitution are inspired by the Constitution of
of workers in the management of USSR.
industries (Article 43 A). • Swaran Singh Committee suggested the
4. To protect and improve the environment incorporation of eight Fundamental Duties in
and to safeguard forests and wild life (Article 21
Fundamental
the Constitution, the 42nd Constitutional 22

48 A). Amendment Act (1976) included ten

6. To value and preserve the rich heritage of the

LIST OF FUNDAMENTAL DUTIES country’s composite culture.
• According to Article 51A, it shall be the duty of 7. To protect and improve the natural environment
every citizen of India: including forests, lakes, rivers and wildlife.
1. To abide by the Constitution and respect its 8. To develop scientific temper, humanism and the
ideals and institutions, the National Flag and spirit of inquiry and reform.
9. To safeguard public property and to abjure violence.
the National Anthem.
10. To strive towards excellence in all spheres of
2. To cherish and follow the noble ideals that individual and collective activity so that the nation
inspired the national struggle for freedom. constantly rises to higher levels of endeavour and
achievement.
3. To uphold and protect the sovereignty, unity 11. To provide opportunities for education to his child or
and integrity of India. ward between the age of 6 - 14 years. This duty was
4. To defend the country and render national added by the 86th Constitutional Amendment Act,
2002.
service when called upon to do so.
5. To promote harmony and the spirit of common 23 24