Unit - II Fundamental Rights and Directive Principles

2.1 Fundamental Rights under Part-III.

Part III of the Indian Constitution covers Fundamental Rights, which are essential for the development of
individuals and for safeguarding their dignity and freedom. These rights are justiciable, meaning that
individuals can approach the courts for their enforcement. Here’s a detailed explanation of the Fundamental
Rights under Part III of the Indian Constitution:
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.
• The larger 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.

Classification of Fundamental Rights

• Originally, the Constitution of India provided for 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.Cultural and Educational Rights(Articles 29-30)
6. Right to Property (Article 31)
7. Right to Constitutional Remedies (Article 32)
 1. Right to Equality (Articles 14-18)
Article 14: Ensures equality before the law and equal protection of the laws within the territory of India. It
prohibits discrimination on grounds of religion, race, caste, sex, or place of birth.
Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth. It allows the
state to make special provisions for women, children, socially and educationally backward classes, Scheduled
Castes (SCs), and Scheduled Tribes (STs).
Article 16: Guarantees equality of opportunity in matters of public employment and prohibits discrimination
in this area. It allows the state to make provisions for the reservation of appointments or posts in favor of any
backward class of citizens.
Article 17: Abolishes "untouchability" and forbids its practice in any form. The enforcement of any disability
arising out of untouchability is an offense punishable by law.
Article 18: Abolishes titles except military and academic distinctions. It prohibits the state from conferring
any titles and prevents Indian citizens from accepting titles from any foreign state.

2. Right to Freedom (Articles 19-22)

Article 19: Guarantees six freedoms:
 Freedom of speech and expression.
 Freedom to assemble peacefully without arms.
 Freedom to form associations or unions or co-operative societies.
 Freedom to move freely throughout the territory of India.
 Freedom to reside and settle in any part of the territory of India.
 Freedom to practice any profession, or to carry on any occupation, trade, or business.
These freedoms are subject to reasonable restrictions in the interests of sovereignty, integrity, and security of
the country, public order, decency, or morality, and other grounds.
Article 20: Provides protection in respect of conviction for offenses. It guarantees protection against:
Ex post facto laws: No person shall be convicted of any offense except for the violation of a law in force at the
time of the commission of the act.
Double jeopardy: No person shall be prosecuted and punished for the same offense more than once.
Self-incrimination: No person accused of any offense shall be compelled to be a witness against himself.
Article 21: Guarantees the protection of life and personal liberty. No person shall be deprived of his life or
personal liberty except according to the procedure established by law.
Article 21A: Provides the right to education. The State shall provide free and compulsory education to all
children of the age of six to fourteen years in such manner as the State may determine.
Article 22: Provides protection against arrest and detention in certain cases. It lays down the rights of
individuals who are arrested:
 The right to be informed of the grounds of arrest.
 The right to consult and be defended by a legal practitioner.
 The right to be produced before a magistrate within 24 hours of arrest, excluding travel time.
 The right to be released if the arrest is unlawful.

3. Right against Exploitation (Articles 23-24)

Article 23: Prohibits traffic in human beings and forced labor. It makes human trafficking and begar (forced
labor without payment) offenses punishable by law.
Article 24: Prohibits the employment of children below the age of 14 years in any factory, mine, or other
hazardous employment.

4. Right to Freedom of Religion (Articles 25-28)

Article 25: Guarantees freedom of conscience and the right to freely profess, practice, and propagate religion,
subject to public order, morality, and health.
Article 26: Guarantees the right of every religious denomination or any section thereof to establish and
maintain institutions for religious and charitable purposes, manage its own affairs in matters of religion, and
own and acquire property.
Article 27: Prohibits the compelling of any person to pay taxes for the promotion or maintenance of any
particular religion or religious denomination.
Article 28: Prohibits religious instruction in educational institutions wholly maintained out of state funds.
However, it allows religious instruction in institutions administered by the state but established under any
endowment or trust requiring religious instruction to be imparted.

5. Cultural and Educational Rights (Articles 29-30)

Article 29: Protects the interests of minorities by providing them the right to conserve their distinct language,
script, or culture. It also prohibits discrimination against any citizen for admission into educational institutions
maintained by the state or receiving aid from the state funds.
Article 30: Guarantees the right of minorities to establish and administer educational institutions of their
choice. It ensures that the state does not discriminate in granting aid to educational institutions managed by
minorities.

6. Right to Constitutional Remedies (Articles 32-35)

Article 32: Provides the right to move the Supreme Court by appropriate proceedings for the enforcement of
the rights conferred by this Part. The Supreme Court has the power to issue directions or orders or writs,
including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, and certiorari, for the
enforcement of any of the rights conferred by this Part.
 Article 33: Empowers the Parliament to modify the application of the Fundamental Rights to the armed
forces, paramilitary forces, police forces, intelligence agencies, and analogous forces to ensure proper
discharge of their duties and maintenance of discipline.
Article 34: Provides for the restriction of Fundamental Rights while martial law is in force in any area.
Article 35: Empowers the Parliament to make laws to give effect to certain specified Fundamental Rights and
prescribes punishment for those acts which are declared offenses under this part.

2.2 Fundamental duties and their significance under part-IV-A.

Fundamental Duties under Part IV-A
Fundamental Duties are outlined in Part IV-A of the Indian Constitution under Article 51A. These duties were
added by the 42nd Amendment in 1976. They serve as a constant reminder to citizens that while they enjoy
rights, they also have responsibilities towards the nation.
Here’s a detailed and easy explanation of these Fundamental Duties and their significance:
List of Fundamental Duties
Article 51A lists 11 Fundamental Duties for Indian citizens:
1. To abide by the Constitution and respect its ideals and institutions, the National Flag and the National
Anthem.
o Citizens should uphold and follow the Constitution, and show respect for the national symbols of India.
2. To cherish and follow the noble ideals that inspired the national struggle for freedom.
o Citizens should value and practice the principles and values that guided India’s fight for independence.
3. To uphold and protect the sovereignty, unity, and integrity of India.
o Citizens should work towards maintaining the nation’s independence and territorial integrity.
4. To defend the country and render national service when called upon to do so.
o Citizens should be willing to defend the nation and participate in its defense when needed.
5. To promote harmony and the spirit of common brotherhood amongst all the people of India
transcending religious, linguistic, regional or sectional diversities; to renounce practices derogatory to
the dignity of women.
o Citizens should work towards fostering unity and brotherhood among all Indians, regardless of their
differences, and reject any practices that harm the dignity of women.
6. To value and preserve the rich heritage of our composite culture.
o Citizens should appreciate and safeguard India’s diverse cultural heritage.
7. To protect and improve the natural environment including forests, lakes, rivers, and wildlife, and to
have compassion for living creatures.
o Citizens should take steps to protect and enhance the environment and show kindness to animals.
8. To develop the scientific temper, humanism, and the spirit of inquiry and reform.
o Citizens should cultivate a rational and scientific mindset, human values, and a spirit of questioning and
improvement.
9. To safeguard public property and to abjure violence.
o Citizens should protect public property and refrain from engaging in violence.
10. To strive towards excellence in all spheres of individual and collective activity so that the nation
constantly rises to higher levels of endeavor and achievement.
o Citizens should aim for excellence in all activities to contribute to the nation’s progress.
11. To provide opportunities for education to his child or ward between the age of six and fourteen years.
o This duty was added by the 86th Amendment in 2002, emphasizing the importance of education for children.
Significance of Fundamental Duties
1. Moral Obligations: Fundamental Duties remind citizens of their moral and civic obligations towards the
nation. They emphasize that rights come with responsibilities.
2. Promotion of National Unity: By fostering respect for national symbols and ideals, these duties help in
promoting national unity and integrity.
3. Protection of Sovereignty: Duties like upholding the sovereignty and defending the country ensure that
citizens actively participate in safeguarding the nation.
4. Social Harmony: Duties related to promoting harmony and renouncing derogatory practices towards women
aim to create a more inclusive and respectful society.
5. Environmental Conservation: Duties that emphasize the protection of the environment encourage citizens to
be mindful of their impact on nature and work towards sustainability.
6. Educational Responsibility: The duty to provide educational opportunities ensures that citizens contribute to
the development of an educated and informed society.
7. Encouraging Excellence: The duty to strive towards excellence motivates individuals and society to aim
higher and achieve greater heights in various fields.
Conclusion
Fundamental Duties are essential for the holistic development of citizens and the nation. They balance the
Fundamental Rights by highlighting the responsibilities of individuals towards their country. By following
these duties, citizens contribute to the creation of a harmonious, progressive, and strong nation.

2.3 Relevance of Directive Principles of State

Policy under part-IV A.