1

Indian Constitution- An Overview

Constitution of India is supreme document of law that has directed the governance of our country in
a right path. It endeavours inclusive development and civil libertarian democratic order by upholding
the values that our freedom movement fought for. This chapter covers an overview of the
constitution and provides insights into political aspects of Indian polity, citizenship provisions,
fundamental rights provided to the citizens, directive principles for guiding the governments and
also fundamental duties of the citizens.
Preamble to the Indian Constitution

Structure of Ideals to be
Preamble
Governance achieved

• The term 'Preamble' refers to the introduction or preface to any document.

• In that sense, Preamble to the Constitution is a brief explanation of the underlying
philosophy and objectives of the Constitution.
Background
• American Constitution was the first to begin with a Preamble.
• The national movement had debated on the aspects like the shape and form of government
India should have, the values it should uphold, the inequalities it should overcome.
• It was the 'Objectives resolution' moved by Pandit Nehru which was reflected in the
Preamble of the Indian Constitution.
Objectives Resolution (PROVIDES PHILOSOPHY OF CONSTITUTION.)
• The Objectives Resolution moved by Nehru in 1946, defined the aims of the Constituent
Assembly.
• It encapsulated the aspirations and values behind the Constitution.
• Based on this resolution, our Constitution gave institutional expression to these
fundamental commitments:
a. Equality,
b. Liberty
c. Democracy
d. Sovereignty and
e. Cosmopolitan identity.
• Thus, our Constitution is a moral commitment to establish a government to fulfil the
promises given by the national movement.
Significance of Preamble
• The Preamble sets out the aims and aspirations of the people that have been embodied in
various provisions of the constitution.
• The main purpose of is to clarify
a. Who has made the Constitution ?
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b. What is its source ?

c. What is the ultimate sanction behind it?
d. What is the nature of the polity to be established?
e. What are its goals and objectives?
• It provides assurance of dignity of an individual and Ideals that the state should follow.

• It contains the following:

a. Source of authority: Derives its authority from the people of India.
b. Nature of Indian State: Declares India to be of a sovereign, socialist, secular
democratic and republican polity.
c. Objectives of the Constitution: Specifies justice, liberty, equality and fraternity as
the objectives.
d. Date of adoption of the Constitution: Stipulates November 26, 1949 as the date.

Objectives
• Description of Indian State as Sovereign, Socialist, Secular, Democratic Republic. (Socialist,
Secular added by 42nd Amendment, 1976).
• Provision to all the citizens of India
a. Justice social, economic and political.
b. Liberty of thought, expression, belief, faith and worship
c. Equality of status and opportunity.
d. Fraternity assures dignity of the individual and unity and integrity of the nation.

Features
• Preamble is a part of basic structure of the Constitution – SR Bommai Case.
• Preamble is neither enforceable nor justiciable in a court of law.
• This implies that courts cannot pass orders against the government in India to
implement the ideas in the Preamble.
• Preamble enshrines the ideas and philosophy of the constitution, and not the narrow
objectives of the governments.
• Preamble is neither a source of power nor a source of limitations.
• It neither provides any power nor imposes any duty.
• Its importance lies in the role of interpretation of statues and various provisions of the
Constitution.
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Is it a part of the constitution?

• In the Berubari Case (1960), the Supreme Court held that Preamble is NOT a part of the
constitution.
• In Kesavananda Bharati Case (1973), the Supreme Court gave an elaborate verdict which
said that
a. Preamble is a part of Constitution and
b. Amendable by the parliament as any other provisions of the Constitution the
Constitution.
• Preamble has been amended only once so far through the 42nd Constitution Amendment
Act 1976.
Pillars of Preamble
1. Sovereign
• The word 'sovereign' implies that
a. India is neither a dependency nor a dominion of any other nation, but an
independent state.
b. There is no authority above it and
c. It is free to conduct its own internal and external affairs.
d. India can either acquire a foreign territory or cede a part of its territory in favour
of a foreign state.
• In 1949, India declared the continuation of its membership of the Commonwealth of
Nations and accepted the British Crown as the head of the Commonwealth.
• However, this does not affect India's sovereignty in any manner.
• India's membership of the United Nations Organization (UNO) also in no way constitutes
a limitation on her sovereignty.
2. Socialist
• The term 'socialist' was added by the 42nd Constitutional Amendment Act of 1976.
• Indian brand of socialism is 'democratic socialism' with a blend of Marxism and
Gandhism.
• Communistic socialism involves the nationalization of all means of production and
distribution and the abolition of private property.
• Democratic socialism, on the other hand, holds faith in a 'mixed economy' where both
public and private sectors co-exist.
3. Secular
• The term 'secular' was added by the 42nd Constitutional Amendment Act of 1976.
• Constitution-makers wanted to establish a secular state.
• Accordingly, Articles 25 to 28 guaranteeing the fundamental right to freedom of religion
have been included in the constitution.
• The Indian Constitution embodies the positive concept of secularism i.e. all religions in
the country (irrespective of their strength) have the same status and support from the
state.
• Whereas the western countries follow the negative concept of secularism where there is
a complete separation of state and religion.
4. Democratic
• The term 'democratic' is used in the Preamble in the broader sense embracing not only
political democracy but also social and economic democracy.
• Social democracy is a way of life which recognizes the union of trinity (liberty, equality
and fraternity)
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• Liberty cannot be divorced from equality; equality cannot be divorced from liberty. Nor
can liberty and equality be divorced from fraternity.
• To divorce one from the other is to defeat the very purpose of democracy.
• In the words of Ambedkar,"
a. "Without equality, liberty would produce the supremacy of the few over the
many" and
b. "Equality without liberty, would kill individual initiative".
• The Indian Constitution provides for representative parliamentary democracy.
• Under this, the executive is responsible to the legislature for all its policies and actions.
• The democratic character is manifested through.
a. Universal adult franchise
b. Periodic elections
c. Rule of law
d. Independence of judiciary
e. Absence of discrimination on certain grounds
5. Republic
• A republic means
a. The vesting of political sovereignty in the people and not in a single individual
like a king, and
b. The absence of any privileged class and hence all public offices being open to
every citizen without any discrimination.
• The term 'republic' indicates that India has an elected head instead of a monarchical
head called the president.
• He is elected indirectly for a fixed period of five years.
6. Justice
• The term 'justice' in the Preamble embraces three distinct forms-social, economic, and
political, secured through various provisions of Fundamental Rights and Directive
Principles.
• Social justice denotes the equal treatment of all citizens without any social distinction
based on caste, colour, race, religion, sex and so on.
• It means absence of privileges being extended to any section of the society, and
improvement in the conditions of backward classes (SCs, STs and OBCS) and women.
• Economic justice denotes the non-discrimination between people on the basis of
economic factors.
• It involves the elimination of glaring inequalities in wealth, income and property. A
combination of social justice and economic justice denotes what is known as
'distributive justice'.
• Political justice implies that all citizens should have equal political rights, equal access to
all political offices and equal voice in the government.
• The ideal of justice-social, economic and political-has been taken from the Russian
Revolution (1917).
7. Liberty
• The ideals of liberty, equality and fraternity in our Preamble have been taken from the
French Revolution (1789–1799).
• The term 'liberty' means the
a. Absence of restraints on the activities of individuals, and
b. Providing opportunities for the development of individual personalities.
• The Preamble secures to all citizens of India liberty of
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a. thought,
b. expression,
c. belief,
d. faith and
e. worship,
• Liberty provided by the constitution is not absolute but qualified.
• It does not mean 'license' to do what one likes rather it has to be enjoyed within the
limitations mentioned in the Constitution.
8. Equality
• The term 'equality' means.
a. absence of special privileges to any section of the society and
b. provision of adequate opportunities for all without any discrimination.
• The Preamble secures to all citizens of India equality of status and opportunity in all three
dimensions of civic, political and economic.
• Civic equality is ensured by the following provisions of
Fundamental Rights (Article 14-18):
a. Equality before the law,
b. Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth,
c. Equality of opportunity in matters of public employment.
d. Abolition of untouchability.
e. Abolition of titles.
• Political equality is achieved through following provisions, namely.
a. No person is to be declared ineligible for inclusion in electoral rolls on grounds
of religion, race, caste or sex.
b. Elections to the Lok Sabha and the state assemblies to be on the basis of adult
suffrage.

• Economic equality is secured through various provisions of the Directive Principles of State
Policy
a. Equal right to an adequate means of livelihood for men and women (Article -39a)
b. Equal pay for equal work (Article - 39d)
9. Fraternity
• Fraternity means a sense of brotherhood.
• The Constitution promotes this feeling of fraternity by the system of single citizenship.
• Fundamental Duties (Article 51-A) also says that,
a. it shall be the duty of every citizen of India to promote harmony and the spirit of
common brotherhood amongst all the people of India transcending religious,
linguistic, regional or sectional diversities.
• The Preamble declares that fraternity has to assure two things-the dignity of the individual
and the unity and integrity of the nation.
a. Unity and Integrity of the nation
• The word 'integrity' has been added to the preamble by the 42nd Constitutional
Amendment (1976).
• It embraces both the psychological and territorial dimensions of national integration.
b. Dignity of the individual
• According to KM Munshi, 'dignity of the individual' signifies that the Constitution not only
ensures material betterment and maintains a democratic set-up, but also recognizes that the
personality of every individual is sacred.
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• This is ensured through some provisions of the Fundamental Rights and Directive Principles
of State Policy.
• The Fundamental Duties (Article 51A) also ensures the same as
a. it shall be the duty of every citizen of India to renounce practices derogatory to
the dignity of women.
b. It is the duty of every citizen of India to uphold and protect the sovereignty,
unity and integrity of India.
There is a need to define what constitutes the territory of India and the extent of the states and
Union territories that constitute the Union. The following section discusses the section of the
Constitution that defines the Union and its territories.
Union and its Territory
Article 1
India as Union
❖ It states "India, that is Bharat, is a Union of States."
❖ India has a federal polity and is divided into different states for the convenience of
administration.
❖ In the U.S, which is also described as a federal constitution, the states have a right to secede
from the Union.
❖ Whereas India is a federation in which the states do not have the right to secede from the
Indian Union.
❖ Hence, for the above reasons, the term Union was chosen over Federation.

India is
One
integral
whole
India is a
Union of
No right of
States
secession
for any
states.

First Schedule of the Constitution

❖ It mentions that
a. Names of States and Union Territories.
b. The territorial extent of States and Union Territories in India.
Union of India vs Territory of India
The term Territory of India' is a wider expression than the 'Union of India'.
❖ The Union of India includes only states. These states share federal powers with the Union
government. It is a political expression.
❖ Whereas, the territory of India includes States, Union territories and territories that may be
acquired by the Government of India at any future time. It is a geographical expression.
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❖ Thus, Territory of India is the entire Indian territory over which the Indian sovereignty is
exercised. Whereas the Union of India is a federal concept.

Terrotory of india.

Territory •States + UTs + Future

of India •Territories to be acquired
Union of
•States only
Union of India. India

States vs UTs
❖ The states are the members of the federal system and share a distribution of powers with
the Centre.
❖ The Union territories and the acquired territories are directly administered by the Central
government.
Article 2
Acquiring Foreign territories
❖ As a sovereign state India can acquire foreign territories.
❖ Article 2 empowers the Parliament to admit into the Union of India, or establish, new states.
❖ It relates to the admission or establishment of new states that are not part of the Union of
India. These states may or may not be in existence
❖ The modes of acquisition include:
a. Cession following treaty, purchase, gift, lease or plebiscite
b. Occupation of an area hitherto unoccupied by a recognized ruler
c. Conquest or subjugation.
❖ India has acquired several foreign territories such as Dadra and Nagar Haveli; Goa, Daman
and Diu; Puducherry; and Sikkim since the commencement of the Constitution.
Article 3
Creation of New states
❖ Article 3 of Indian Constitution relates to the formation of new states or changes in the
existing states of the Union of India.
❖ It deals with the internal re-adjustment of the territories of the constituent states of the
Union of India.
❖ Article 3 authorizes the Parliament to:
a. form a new state by separation of territory from any state or by uniting two or more
states or parts of states or by uniting any territory to a part of any state.
b. increase the area of any state.
c. diminish the area of any state.
d. alter the boundaries of any state and
e. alter the name of any state.
Role of States/UTs in Reorganization of territories
❖ The Constitution authorizes the Parliament to form new states or alter the areas,
boundaries, or names of the existing states without their consent.
❖ States are consulted but the recommendations of States are not binding.
❖ Article 3 lays down two conditions with respect to internal readjustment of States.
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a. A bill contemplating changes in State's boundaries can be introduced in the

Parliament only with the prior recommendation of the President.
b. Before Recommending the bill, the President has to refer the same to the state
legislature concerned for expressing its views within a specified period.
❖ The President or Parliament is not bound by the views of the state legislature and may either
accept or reject them.
❖ Such a bill can be introduced in either house of the parliament.
❖ The Bill needs to be passed by a simple majority.
❖ In case of a union territory, no reference need be made to the concerned legislature to
ascertain its views and the Parliament can itself take any action as it deems fit.
Indestructible union of destructible states
❖ The territorial integrity or continued existence of any state is not guaranteed by the
Constitution.
❖ Parliament can redraw the political map of India according to its will.
❖ The Union government can destroy the states whereas the state governments cannot
destroy the Union.
❖ Therefore, India is described as an ‘indestructible union of destructible states'
❖ Whereas in the USA, the territorial integrity or continued existence of a state is guaranteed
by the Constitution.
❖ The American Federal government cannot form new states or alter the borders of existing
states without the consent of the states concerned.
❖ Thus, the USA is described as an indestructible union of indestructible states.
Article 4
Constitutional Procedure of creating states.
❖ Article 4 of the Constitution declares that laws made for the following purposes are not to
be considered as amendments of the Constitution under Article 368
a. Admission or establishment of new states under Article 2
b. Formation of new states and alteration of areas, boundaries, or names of existing
states under Articles 3
❖ This means that such laws can be passed by a simple majority and by the ordinary legislative
process.
Ceding Indian territory
❖ Article 3 empowers Parliament to diminish the areas of a state.
Berubari Union Case
❖ The Supreme Court held that the power of Parliament to diminish the area of a state under
Article 3 does not cover cession of Indian territory to a foreign country.
❖ However, the Supreme Court in 1969 ruled that settlement of a boundary dispute between
India and another country does not require a constitutional amendment.
Evolution of Indian states and Union territories
Integration of Princely States
❖ At the time of independence, India comprised two categories of political units:
a. British provinces under the direct rule of British government
b. The princely states were under the rule of native princes but subject to the
paramountcy of the British Crown.
❖ The Indian Independence Act (1947) gave three options to the princely states viz., joining
India, joining Pakistan or remaining independent.
❖ Of the 552 princely states situated within the geographical boundaries of India, 549 joined
India and the remaining 3 (Hyderabad, Junagarh and Kashmir) refused to join India.
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❖ In course of time, they were also integrated with India.

Evolution of States
❖ In 1950, the Constitution contained a fourfold classification of the states of the Indian Union-
Part A, Part B, Part C and Part D States.
a. Part-A states comprised 9 erstwhile governor's provinces of British India.
b. Part-B states consisted of 9 erstwhile princely states with legislatures,
c. Part-C states consisted of erstwhile chief commissioner's provinces of British
India and some of the erstwhile princely states which were centrally
administered.
d. The Andaman and Nicobar Islands were kept as the solitary Part-D state.
Demand for linguistic reorganization of States
❖ The integration of princely states with the rest of India was purely an ad hoc arrangement.
❖ There was a demand from different regions especially South-India for reorganisation of
states on linguistic basis.
SK Dhar Commission
❖ In 1948, the Government of India appointed the Linguistic Provinces Commission under the
chairmanship of S K Dhar to examine the feasibility of this.
❖ The commission recommended the reorganisation of states on the basis of administrative
convenience rather than linguistic factor.
❖ This created much resentment and led to the appointment of another Linguistic Provinces
Committee by the Congress in 1948 to examine the whole question afresh.
JVP Committee
❖ It consisted of Jawaharlal Nehru, Vallahbhai Patel and PattabhiSitaramavvaand was known
as JVP Committee.
❖ It also formally rejected language as the basis for reorganization of states
Andhra Pradesh: 1st Linguistic State
❖ Potti Sriramulu led a prolonged popular agitation demanding a separate state for Telugu
speaking people.
❖ The Government of India was forced to create the first linguistic state, known as Andra state
in 1953. This was done by separating the Telugu speaking areas from the Madras state.
States Reorganization Commission
❖ After the creation of Andhra state, there was a demand from other regions for creation of
states on linguistic basis.
❖ Government of India appointed a three-member States Reorganisation Commission under
the chairmanship of Fazl Ali to re-examine the whole question. Other two members were K
M Panikkar and H N Kunzru.
❖ It broadly accepted language as the basis of reorganization of states. But it rejected the
theory of 'one language- one state'
❖ It considered unity of India as the primary consideration in any redrawing of the country's
political units.
Chronological order of creation of states / UTs
a. Division of Bombay into Maharashtra and Gujarat in 1960.
b. Conversion of Portuguese ruled Dadra and Nagar Haveli into a Union Territory in 1961.
c. Goa, Daman and Diu were acquired through Police action Goa was conferred statehood in
1987.
d. Puducherry was made a Union Territory in 1962.
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e. Nagaland was given statehood in 1963. In 1966, Punjab and Haryana were created. Punjab
was created by separating Haryana and Himachal Pradesh on linguistic and topographic
basis. Himachal Pradesh was given statehood in 1971
f. Sikkim was a unique case. It was not part of Indian Union. It was admitted as a protectorate
state and later as an associate state. In 1975, it was given full statehood
❖ In 1987, three new states of Mizoram, Arunachal Pradesh and Goa were created.
❖ In 2000, three more new States of Chhattisgarh, Uttarakhand and Jharkhand were created
out of the territories of Madhya Pradesh, Uttar Pradesh and Bihar respectively. Unlike
previous states, these 3 states were created for economic growth and not on the basis of
language.
❖ In 2014, the new state of Telangana came into existence as the 29th state of the Indian
Union. It was carved out of the territories of Andra Pradesh.
❖ In 2019, the Parliament has bifurcated the State of Jammu & Kashmir into the Union
Territories of Jammu & Kashmir and Ladakh
After defining the territory of India, there is a need to define who the citizens of India are. The
Citizenship provisions of the Indian Constitution are discussed below
Citizenship
Citizenship of India
➢ Citizens are those people who are considered as full members of Indian Union.
➢ Citizens owe allegiance to Indian state
➢ They are entitled to civil and political rights.
Aliens
➢ There are two kinds of people in Indian State - Citizens and Aliens.
➢ Aliens are the citizens of some other state and can't claim political and civil rights in India
➢ There are two kinds of Aliens: Friendly aliens and Enemy aliens
➢ Friendly aliens belong to those countries with which India has a cordial relationship.
➢ Enemy aliens belong to those countries with which India is at War.
Rights available to Indian Citizens
The rights and privileges which are exclusively available to Indian citizens and not for aliens are:
1. Fundamental Rights
a. Article 15: Right against discrimination on grounds of religion, race, caste, sex or
place of birth.
b. Article 16: Right to equality of opportunity in the matter of public employment.
c. Article 19: Right to freedom of speech and expression, assembly association,
movement, residence and profession
d. Articles 29 &30: Cultural and educational rights
2. Other Rights
a. Right to vote in elections to the Lok Sabha and state legislative assembly.
b. Right to contest for the membership of the Parliament and the state legislature
c. Eligibility to hold certain public offices. such as
i. President and Vice-President of India.
ii. Governor of a state.
iii. Judges of the Supreme Court and the high courts.
iv. attorney general of India and Advocate general of state.
Duties of citizens
➢ The citizens also owe certain duties towards the Indian State such as
a. Respecting the National flag and anthem
b. Paying taxes,
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c. Defending the country and so on

➢ These duties are mentioned as the Fundamental Duties under Part IV-A of the Indian
constitution.
Role of Constitution in matters of Citizenship
➢ The Constitution deals with Citizenship in Articles 5 to 11 under Part II.
➢ It discusses only about the provisions that entitle citizenship during the commencement of
the constitution and does not contain any permanent provisions for citizenship.
➢ It has mentioned the following 4 types of people to be eligible for Citizenship during the
commencement of the Constitution on 26 January 1950.
a. Persons domiciled in India – Article 5
b. Persons migrated from Pakistan - Article 6
c. Persons migrated to Pakistan but later returned - Article 7
d. Persons of Indian origin residing outside India - Article 8.

Article 5

Basic Conditions for

Anydomicile
one of 3inconditions
India.

Person is Ordinarily
Person is Born in Either of the resident in India for
India. Parents Born in 5 years before
India. 26 jan 1950.
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Role of Parliament in matters of Citizenship

➢ The Constitution has delegated the power of dealing with citizenship matters after
commencement of the Constitution to the Parliament.
➢ Therefore, Citizenship Act, 1955 provides for acquisition and loss of citizenship after the
commencement of the Constitution which has been amended several times.

a. Acquisition of Citizenship
➢ The act prescribes 5 ways of acquiring citizenship, viz,
a. Birth
b.Descent
c. Registration
d.Naturalization and
e. Incorporation of territory
➢ Exemptions: The Government of India may waive of the conditions for naturalization in the
case of a person who has rendered distinguished service to the science, philosophy, art,
literature, world peace or human progress.
➢ Every naturalized citizen must take an oath of allegiance to the Constitution of India In India,
both a citizen by birth as well as a naturalized citizen are eligible for the office of President.
➢ While in the USA, only a citizen by birth and not naturalized citizen is eligible for the office of
President.
b. Loss of Citizenship
➢ The Citizenship Act, 1955, also prescribes 3 ways of losing citizenship viz,
a. Renunciation
b. Termination
c. Deprivation
Single Citizenship
➢ Indian constitution provides for only single citizenship.
➢ In countries like US and Switzerland, there is a concept of dual citizenship i.e. Every state has
separate citizenship for its citizens.
➢ In such states, the state confers special rights for state citizens in matters of voting,
employment etc.
➢ There is no provision for separate state-wise citizenship.
➢ The Constitution also bars Indian Citizens from acquiring the Citizenship of another country
under Article 9 and Citizenship Act 1955 which revokes Indian Citizenship if one has
voluntarily acquired the citizenship of any foreign state.
Advantages of single citizenship
➢ Single citizenship allows citizens to enjoy equal rights without any interstate discrimination
in political and civic matters
Exemptions
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➢ The Constitution of India provides some exceptions related to residence

a. Under Article 15, discrimination is prohibited on the grounds of religion, race,
caste, sex, place of birth but not residence.
b. So, state governments can make special provisions for residents of the state in
those matters which do not come under the purview of rights guaranteed by the
constitution.
c. Under Article 16, Parliament can prescribe residence within a state or union
territory as a condition for employment.
d. Under Article 19, freedom of movement is subject to the interests of the
scheduled tribes to protect this culture, customs and manners etc
➢ This promotes the feeling of fraternity and unity among the citizens. It will help in building
an integrated Indian nation. This will help in reducing communal riots, class conflicts, caste
wars, linguistic clashes and ethnic disputes.
➢ Dual citizenship creates a sense of discrimination between various states due to regional
preferences by overlooking the national requirements
Indian Diaspora abroad
NRI, OCI and PIO
➢ People who go and live abroad from India can be categorized in three broad categories-
a. NRI: An Indian citizen who is ordinarily residing outside India and holds an Indian
Passport.
b. PIO: A person who or whose ancestors was an Indian national and who is
presently holding another country's citizenship/ nationality i.e. he/she is holding
foreign passport.
c. OCI: A person registered as Overseas Citizen of India (OCI) Cardholder under the
Citizenship Act, 1955.
Features of OCI card
➢ OCI cards give lifetime multiple entry visas to India
➢ By being an OCI for 5 years, one can attain Indian citizenship and then live in India for a
period of one year including short breaks.
➢ OCI card holders can open special bank accounts in India just like NRIs and make
investments
➢ OCI holders can also buy non-farm property and exercise ownership rights.
➢ An OCI card allows one to apply for a driver's license, PAN card or open a bank account in
India.
➢ However, an OCI card holder cannot vote, hold a government job or purchase agricultural or
farmland.
➢ The person also cannot run for public office or travel to restricted areas without permission

The Citizenship (Amendment) Bill, 2019

➢ The Citizenship (Amendment) Bill, 2019 provides Indian citizenship to Hindus, Jains,
Christians, Sikhs, Buddhists and Parsi from Bangladesh, Pakistan and Afghanistan.
➢ They are eligible after seven years of residence in India instead of 12 years, which is the
current norm, even if they do not possess any document.
➢ The Bill will apply to all States and Union Territories of the country.
➢ The beneficiaries of the Citizenship Amendment Bill can reside in any state of the country
➢ The proposed amendment will make these persecuted migrants eligible to apply for
citizenship.
➢ Citizenship will be given to them only after due scrutiny and recommendation of district
authorities and the State Government.
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➢ The following section defines the rights of Indian citizens and those of foreigners residing in
India. The fundamental rights defined in the constitution act as limitation on the power of
the state.
Fundamental Rights
Introduction
➢ Fundamental Rights are one of the salient features of the Constitution.
➢ Part III of the Constitution of India lists the Fundamental Rights and their limits.
➢ The constitution sets limits on the powers of the government and ensures that every citizen
enjoys certain rights.
➢ These rights are also protected by the judicial system of the country.
Definition of state
➢ The term ‘state has been used in different provisions concerning fundamental rights.
➢ Hence, Article 12 has defined the term for the purpose of part III as follows.

Article 13:
➢ Article 13 declares that all laws that are inconsistent with any of the fundamental
rights shall be void.
➢ This article mainly deals with pre-constitutional laws.
Doctrine of Eclipse
➢ Article 13 is based on Doctrine of Eclipse which states that a pre-Constitutional law
that is inconsistent with the Fundamental Rights becomes dormant and it does not
cease to exist.
➢ However, it can come back when the Constitution is amended.
Doctrine of Severability
➢ The Doctrine of severability says that only those parts of the law can be invalid
which violate the Constitution
➢ But the severability should not change the intent of law otherwise the entire law is
held invalid.
Judicial Review
➢ Article 13 provides for the doctrine of judicial review.
➢ The Supreme Court under Article 32 and the high courts under Article 226 can
declare a law unconstitutional and invalid on the ground of contravention of any of
the Fundamental Rights.
What does a Law include?
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The term 'law' in Article 13 has been given a wide connotation to include the following:

Parliament and State

Ordinances
Legislature Laws

LAWS

Order, bye-law, rule, Customs having the force

regulation or notification. of law.

➢ All the above can be challenged in the courts as violating a fundamental Right and
can be declared as void.
➢ Article 13 declared that a constitutional amendment is not a law and hence cannot
be challenged.
➢ However, the Supreme Court held that a Constitutional amendment can be
challenged on the ground that it violates a fundamental right.
The Fundamental Rights
➢ Constitution provided for seven Fundamental Rights
a. Right to equality (Articles 14-18)
b. Right to freedom (Articles 19-22)
c. Right against exploitation (Articles 23-24)
d. Right to freedom of religion (Articles 25-28)
e. Cultural and educational rights (Article 29-30)
f. Right to Constitutional remedies (Article 32)
Right to Equality
➢ Before looking at Right to Equality, we need to be familiar with the Rule of law.
➢ Rule of Law is a concept that originated in the U.K. It has the following components:
a. Absence of arbitrary power.
b. Equality before the law.
c. The primacy of the rights of the individual.
➢ Thus, "equality before law' is an element of the 'Rule of Law

Right to Equality
• Article 14 - Equality before law and equal protection of laws
• Article 15 - Prohibition of discrimination on grounds of religion, race, caste,
sex or place of birth.
• Article 16 - Equality of opportunity in matters of public employment.
• Article 17 - Abolition of untouchability and prohibition of its practice
• Article 18 - Abolition of titles except military and academic

Article14
➢ Article 14 says that the State shall not deny to any person within the territory of
India.
a. Equality before the law or
b. The equal protection of the law.
Explanation:
A. Equality before Law means
16

1. Everyone is equal in the eyes of the law.

2. There will not be any special privileges in favour of any person
3. All the people are equally subjected to the law of the land.
4. No one is above the law whether rich or poor.
B. Equal Protection of the law means:
1. Equality of treatment under equal circumstances.
2. Similar laws should be similarly applied to all people.
3. Like should be treated alike without discrimination.
• There are provisions in the Constitution that provides special privileges for SCs, STs, OBCs
and Women. It is known as affirmative action
Supreme Court on Article 14
• The Supreme Court held that where equals and un-equals are treated differently, Article 14
does not apply.
• Thus, Article 14 permits reasonable classification of persons, objects and transactions by the
law.
• But the classification should not be arbitrary, artificial or evasive.
Exceptions
The rule of equality before law is not absolute and there are exceptions to it.
• The President of India and the Governor of States enjoy immunities.
• MPs and MLAs are also granted some immunities.
• Article 31-C is an exception to Article 14.
• It provides that the laws made by the state for implementing the Directive Principles of
Article 39 cannot be challenged for violation of Article 14,
• The Supreme Court held that "where Article 31-C comes in, Article 14 goes out"
Article 15
• State shall not discriminate against any citizen on grounds only of religion, race, caste, sex or
place of birth.
These provisions apply with regard to
a. access to shops, public restaurants, hotels and places of public entertainment; or
b. the use of wells, tanks, bathing ghats, roads and places of public resort maintained
wholly or partly by State funds or dedicated to the use of the general public.
• Provision (b) prohibits discrimination both by the State and Private individuals, while the
provision (a) prohibits discrimination only by the State.
Some Exceptions
• The state is permitted to make any special provision for women and children
• The state is permitted to make any special provision for the advancement of
a. any socially and educationally backward classes of citizens and
b. scheduled castes and scheduled tribes.
For their admission to educational institutions including private educational institutions, whether
aided or unaided by the state, except the minority educational institutions. (Added by 93rd
Constitutional Amendment Act.)

Article 16

• Article 16 provides for equality of opportunity for all citizens in matters of employment or
appointment to any office under the State.
17

• No citizen can be discriminated against or be ineligible for any employment or office under
the state on grounds of only religion, race, caste, sex, descent, place of birth or residence.
Some exceptions
1. Parliament can prescribe residence as a condition for certain employment or appointment in
a state or union territory or local authority or other authority.
2. The State can provide for reservation of appointments or posts in favour of any backward
class that is not adequately represented in the state services.
3. A law can provide that the incumbent of an office related to a religious or denominational
institution, or a member of its governing body should belong to the particular religion or
denomination.
Article 17
• Article 17 abolishes untouchability' and forbids its practice in any form.
• Protection of Civil Rights Act, 1955 was enacted to enable these provisions of the
Constitution.
• The term untouchability has not been defined either in the constitution or in the Act.
• The enforcement of any disability arising out of untouchability shall be an offence
punishable in accordance with law.
Provisions in Protection of Civil Rights Act, 1955
The act declares the following acts as offences:
a. preventing any person from entering any place of public worship or from worshipping
there in justifying untouchability on traditional, religious, philosophical or other grounds.
b. denying access to any shop, hotel or places of public entertainment.
c. insulting a person belonging to scheduled caste on the ground of untouchability.
d. refusing to admit persons in hospitals, educational institutions or hostels established for
public benefit.
e. preaching untouchability directly or indirectly.
f. refusing to sell goods or render services to any person.
• The Supreme Court held that the right under Article 17 is available against private
individuals.
• A person convicted of the offence of 'untouchability' is disqualified for election to the
Parliament or state legislature.
• It is the constitutional obligation of the State to take necessary action to ensure that this
right is not violated.
Article 18: Abolition of Titles
Article 18 abolishes titles and makes four provisions in that regard:
a. It prohibits the state from conferring any title (except a military or academic
distinction) on anybody, whether a citizen or foreigner.
b. It prohibits a citizen of India from accepting any title from any foreign state.
c. A foreigner holding any office of profit or trust under the state cannot accept any
title from any foreign state without the consent of the president.
d. No citizen or foreigner holding any office of profit or trust under the State is to
accept any present, employment, or office from or under any foreign State without
the consent of the president.
National awards
1. The Supreme Court upheld the constitutional validity of the National Awards- Bharat Ratna,
Padma Vibhushan, Padma Bhushan and Padma Sri.
2. But they should not be used as suffixes or prefixes to the names of awardees (Balaji
Raghavan Vs Union of India)
 18

Right to Freedom
Right to freedom is grouped under the articles 19 to 21

Article 19
a. Article 19 guarantees to all citizens the six rights. These are:
i. Right to freedom of speech and expression
ii. Right to assemble peacefully 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.
These rights are protected against only state action and not private individuals.
Type of Freedom What it Includes Restrictions
a. Freedom of speech a. Right to propagate The State can impose
and Expression. one's views as well as views of others. reasonable restrictions on the
It Implies that b. Freedom of the press. exercise of the freedom of speech
every citizen has c. Freedom of commercial advertisement. and expression on the grounds of
the right to express d. Right against tapping of telephonic a. sovereignty and integrity of
his views, opinions, conversation. India.
beliefs e. Right to telecast to that is, government has b. security of the state.
And convictions no monopoly on electronic Media. c. friendly relations with foreign
Freely by word f. Right against bandh called by a political states.
Of mouth, party or organisation. d. public order,
writing, printing, g. Right to know About government activities. e. decency or morality,
picturing or in any h. Freedom of silence. f. contempt of court,
other manner. i. Right against imposition of pre-censorship g. defamation
on a newspaper. h. incitement to an offence.
j. Right to Demonstration or picketing but not
right to strike.

b. Freedom of a. Every citizen has the right to assemble The State can impose reasonable
Assembly. peacefully and without arms. restrictions on two grounds.
b. It includes the right to hold public meetings, i. Sovereignty and integrity
demonstrations and take out processions. of India and
 19

c. This freedom can be exercised only on ii. Public order including the
public land and the assembly must be maintenance of traffic in
peaceful and unarmed. the area concerned.
d. This provision does not protect violent,
disorderly, riotous assemblies, or
e. one that causes breach of public peace or
involves arms.
f. This right does not include the right to
strike.
c. Freedom of a. It includes the right to form political parties, The citizens have complete right
association. companies partnership firms, societies, to form associations or unions for
clubs organisations trade unions or any pursuing lawful objectives and
body of persons. purposes, subject to restriction on
b. It also covers negative right of not to form grounds of
or join an association or union. i. Sovereignty and integrity
c. However, the right to obtain recognition of of India,
the association is not a fundamental right. ii. Public order and morality.
a. Every citizen can move freely throughout State can impose reasonable
d. Freedom of the territory of the country. restrictions on the grounds of
Movement. b. One can move freely from one state to a. The interests of general
another or from one place to another within public and.
a state. b. The protection of
c. It promotes national feeling and the idea interests of any scheduled
that India is one unit. tribe.
The entry of outsiders in
tribal areas is restricted to
i. Protect the distinctive
culture, language,
customs and manners of
scheduled tribes.
ii. safeguard their traditional
vocation and properties
against exploitation.

e. Freedom Of a. Every Citizen has the right to reside and Reasonable restrictions
Residence. settle in any part of the territory of the Can be imposed on the grounds of
country. i. The interest of general
public and the protection
of interests of any
scheduled tribes.
 20

f. Freedom Of a. All citizens are given the right to practise i. But it does not include
Profession. any profession or to carry on any the right to carry on a
occupation, trade or business. profession/business/trade
b. This right is very wide as it covers all the /occupation that is
means of earning one's livelihood. immoral (trafficking in
women or children) or
dangerous (harmful drugs
or explosives, etc,) in the
interest of the general
public.
State can:
i. Prescribe professional or
technical qualifications
necessary for practicing
any
profession/occupation/
trade or business.
ii. Carry on by itself any
trade, business industry
or service whether to the
exclusion (complete or
partial) of citizens or
otherwise.

Right to property
• Originally, the right to property was one of the seven fundamental rights under Part
I of the Constitution.
• It was dealt by Article 19(1)(f) and Article 31.
a. Article 19(1)(F) guaranteed every citizen the right to acquire, hold and
dispose of property.
b. Article 31 guaranteed whether citizen or non-citizen, the right against
deprivation of his property.
• The 44th Amendment Act of 1978 abolished the right to property as a Fundamental
Right.
• Instead, it inserted a new Article 300A which
a. provides that no person shall be deprived of his property except by
authority of law.
• Thus, the right to property remains a legal right or a constitutional right and NOT a
fundamental right.
Right to Information - Part of Article 19
• The scope of the "freedom of speech and expression in Article 19(1) (a)has been
expanded to include the right to receive and disseminate information.
• The Supreme Court has held that Article 19(1) (a) of the Constitution guarantees the
freedom of speech and expression to all citizens in addition to protecting the
a. Rights to know and
b. Right to receive information regarding matters of public concern of the
citizens
21

• This is because, a person cannot form an informed opinion or make an informed

choice and effectively participate socio-politically or culturally without receipt of
adequate information.
• Citizens have a right to know about the affairs of the government elected by them,
and its policies for their welfare.
Article 20: Protection in Respect of Conviction for Offences
• Article 20 grants protection to an accused person against arbitrary and excessive
punishment
• It comprises of 3 provisions:

No Double No self
Jeopardy incrimination

No ex-Post-Facto law

a. No ex-post -facto law

• This means no person shall be convicted of any offence except for violation of a law
in force at the time of the commission of the act.
• The person should not be subjected to a penalty greater than that prescribed by the
law in force at the time of the commission of the act.
• However, this does not apply to civil cases.
b. No Double Jeopardy
• This means no person shall be prosecuted and punished for the same offence more
than once.
c. No Self-incrimination
• This means no person shall be compelled to be a witness against himself/herself.
• This is applicable only for oral and documentary evidence and not for collecting
biometric information like blood samples, fingerprints etc.
• However, it does not apply to civil cases.
Some cases
1. Venkatraman Vs. Union of India case (1954).
• One of the benchmark cases in which Article 20 (Double Jeopardy) was used is
Venkatraman Vs. Union of India case (1954).
• The Supreme Court held that Article 20 refers to judicial punishment and does not give
immunity from proceedings other than before the court of law or judicial tribunal.
Article 21: Protection of Life and Personal Liberty
• Article 21 declares one of the most important fundamental rights, the right to life.
• It states that no person will be deprived of his/her life or personal liberty except
according to the procedure established by the law.
• This right is available to both Citizens of India and
• Foreigners in India.
Procedure established by law.
22

• The term 'Procedure established by law' means the procedure established by law made by
the State i.e. Parliament or the Legislatures of the States.
• The Supreme Court observed that the procedure must be reasonable and fair and not
arbitrary or capricious i.e. violating Article 14.

Important observations by Supreme Court

1. The protection under Article 21 is available against arbitrary executive action and
legislative action.
2. Article 21 is not merely confined to animal existence or survival, but also Includes:
a. the right to live with human dignity and
b. those aspects of life which make man's life meaningful, complete and worth
living.
3. Personal Liberty in Article 21 is of the widest amplitude, and it covers a variety of rights
that constitute the personal liberties of a man.
The Supreme Court has declared the following rights as part of Article
a. Right to live with human dignity. a. Right against handcuffing
b. Right to a decent environment Including b. Right against Inhuman treatment.
pollution free water and air and c. Right against delayed execution.
protection against hazardous industries. d. Right to travel abroad.
c. Right to livelihood. e. Right against bonded labour.
d. Right to privacy. f. Right against custodial harassment
e. Right to shelter. g. Right to emergency medical aid
f. Right to health. h. Right to timely medical treatment in
g. Right to free education up to 14 years of government hospitals.
age. i. Right not to be driven out of a state.
h. Right to free legal aid j. Right to fair trial.
i. Right against solitary confinement. k. Right of prisoners to have necessities of
j. Right to speedy trial. life.
k. Right to hearing l. Right of women to be treated with
l. Right to information. decency and dignity
m. Right to reputation. m. Right against public hanging.
n. Right of appeal from judgement of n. Right to social and economic justice and
conviction. empowerment.
o. Right to social security and protection of o. Right against bar fetters
the family.

Right to Education
• Article 21 A was added by the 86th Constitutional Amendment Act of 2002.
• It declares that the State shall provide free and compulsory education to all children of
the age of 6-14 years.
• To enable this provision, Right of Children to Free and Compulsory Education (RTF) Act,
2009 was enacted.
• RTE Act mandates full time elementary education of satisfactory and equitable quality in
a formal school which satisfies certain standards to all children between the age of 6-14
years.
• The 86th amendment also
a. Amended Article 45 of DPS that states - 'The state shall endeavour to provide
early childhood care and education for all children until they complete the age
of 6 years.*
23

b. Added a fundamental duty under Article 51A that made It as the duty of every
citizen of India to provide opportunities for education to his child or ward
between the age of 6-14 years
Some important cases on Article 21
Euthanasia
• SC legalised passive Euthanasia in 2018 by withdrawing life support to patients in
permanent vegetative state. It included the right to live with dignity which was equated
with the right to die with dignity.
Privacy
• In 2017, the Supreme Court upheld the right to privacy as a fundamental right under the
Constitution in the landmark Puttaswamy judgement.
Section 377
• In 2018, the Supreme Court ruled in Navtej Singh Johar v. Union of Indla that Section 377
was unconstitutional "In so far as It criminalises consensual sexual conduct between
adults of the same sex"
Article 22: Protection Against Arrest and Detention
• Article 22 grants protection to persons who are arrested or detained.
• There are two kinds of detention, namely:
a. Ordinary detention
b. Private detention
Ordinary Detention Preventive Detention
A person is punished for an offence A person is detained without trial and conviction by
committed by him, after a trial and a court to prevent him from committing an offence
conviction in the court. in the near future.
The following 4 rights are available to the The following procedure has to be followed:
person: a. The detention of a person cannot exceed 3
a. Right to be informed of the grounds months.
of arrest. b. To extend it beyond 3 months, an advisory
b. Right to consult and be defended by board consisting of HC fudges has to
a legal practitioner. recommend.
c. Right to be produced before a c. The grounds of detention should be
magistrate within 24 hours, communicated.
excluding the journey time. d. An opportunity should be provided to make
d. Right to be released after 24 hours representation against the detention order.
unless the magistrate authorizes e. Parliament can make a law to prescribe the
further detention. circumstances and the classes of cases in which
a person can be detained for more than three
months.
f. Such detentions under a law do not need the
consultation of advisory board.
24

Cases of application Law making Powers

a. They apply only to an act of a a. Parliament: can make preventive detention
criminal nature or some activity that Laws related to defense, foreign affairs and the
harms public Interest. security of India.
b. They do not apply b. Parliament And State legislatures: can
to Civil cases like Preventive detention state make laws
taxation etc. related to the following
a. security of a state,
b. the maintenance of public order
c. the maintenance of supplies
and services essential to the
community.

Article 23: Right Against Exploitation

• This article prohibits
a. traffic in human beings,
b. Begar (forced labour) and
c. Other similar forms of forced labour like 'bonded labour".
• It protects the individual against the State and also against private persons.

• Traffic in human beings include

a. selling and buying of men, women and children like goods;
b. Immoral traffic in women and children, Including prostitution;
c. devadasis; and
d. slavery.
• Begar means compulsory work without remuneration.
• Forced labour' means compelling a person to work against his will.
• Force includes:
a. Physical or legal force,
b. Force arising from the compulsion of economic circumstances and
c. Working for less than the minimum wage.
• Laws made In this regard are
a. Bonded Labour System (Abolition) Act, 1976;
b. Minimum Wages Act, 1948;
c. Contract Labour Act, 1970 and
d. Equal Remuneration Act, 1976
Exceptions
• State can impose compulsory service for public purposes for which It is not bound to pay, for
example, military service or social service.
• However, In Imposing such service, the State Is not permitted to make any discrimination on
grounds only of religion, race, caste or class.

Article 24: Right Against Child Labour

25

• Article 24 prohibits the employment of children below the age of 14 years in

a. any factory, mine and
b. other hazardous activities like construction work or railway.
• But It does not prohibit their employment in any harmless or Innocent work.
• In 2006, the government banned the employment of children as domestic servants or
workers in business establishments like hotels, dhabas, restaurants, shops, factories, resorts,
spas, tea-shops and so on.
• It warned that anyone employing children below 14 years of age would be liable for
prosecution and penal action.
• The Child Labour (Prohibition and Regulation) Amendment Act, 2016 prohibits the
employment of children below 14 years in all occupations and processes. Earlier, this
prohibition was applicable to 18 occupations and 65 processes.
• Further, the Amendment Act prohibits the employment of adolescents (14 to 18 years of
age) in certain hazardous occupations and processes
Article 25: Right to freedom of religion
• All persons are equally entitled to freedom of conscience and the right to freely profess,
practice and propagate religion.
• It covers both the
a. religious beliefs (doctrines) and
b. religious practices (rituals).
• Freedom of conscience means the inner freedom of an individual to mold one's relationship
with God or creatures in whatever way he desires.
• Right to profess means the declaration of one's religious beliefs and faith openly and freely.
• Right to practice means performance of religious worship, rituals, ceremonies and exhibition
of beliefs and ideas.
• Right to propagate means the transmission and dissemination of one's religious beliefs to
others or exposition of the tenets of one's religion.
• However, it does not include a right to convert another person to one's own religion.
• Forcible conversions violate the 'freedom of conscience”.
Restrictions
• These rights are subject to public order, morality, health, and other provisions relating to
fundamental rights
• The state is permitted to
• Regulate or restrict any economic, financial, political, or other secular activity
associated with religious practice; and
• Provide for social welfare and reform or throw open hindu religious institutions of a
public character to all classes and sections of hindus.
Recent Cases
1. Triple Talaq
• The practice of triple talaq allows a Muslim man to divorce his wife instantaneously by
pronouncing the word 'talaq' three times.
• The Supreme Court has ruled the practice of triple talaq to be unconstitutional.
• According to SC, Triple Talaq did not form an essential religious practice under Article 25 and
was thereby subject to the Article 14 test of arbitrariness.
2. Sabarimala Case
26

• The Supreme Court has struck down a rule that disallowed girls and women in the 10-50 age
group from entering the Sabarimala temple in Kerala.
• The verdict said the temple rule violated their right to equality (Article 14) and Article 25-
right to worship.
Article 26: Freedom to Manage Religious Affairs
• According to Article 26, every religious denomination or any of its section shall have the
following rights:

Article 27: Freedom from taxation for promotion of a religion.

• No person shall be compelled to pay any taxes for the promotion or maintenance of any
religion or religious denomination.
• State should not spend the public money collected by way of tax for the promotion or
maintenance of any religion.
• State is prohibited from favouring, patronizing, and supporting one religion over the other.
• Taxes can be used for the promotion or maintenance of all religions.
• This is an essence of Indian Secularism which differs from Western concept where State
separates Itself from religion completely.
• The Supreme Court has held that levying a fee for administration is not tax.

Article 28: Freedom from Attending Religious Instruction

• No religious instruction shall be provided in any educational institution wholly maintained
out of State funds.
27

Types of educational institutions

Cultural and Educational Rights

Article 29: Protection of Interests of Minorities

• Article 29 grants protection to both religious minorities as well as linguistic minorities.
• 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.
• It protects the rights of a group.
• No citizen shall be denied admission into any educational Institution maintained by the State
or receiving aid out of State funds on grounds only of religion, race, caste, or language.
• This guarantees the right of a citizen as an individual irrespective of the community to which
he belongs.
Article 30: Right of Minorities to Establish and Administer
• Educational Institutions are available to religious and linguistic minorities.
• All minorities shall have the right to establish and administer educational Institutions of their
choice.
28

• The compensation amount fixed by the State for the compulsory acquisition of any property
of a minority educational institution shall not restrict or abrogate the right guaranteed to
them.
• In granting aid, the State shall not discriminate against any educational institution managed
by a minority.
• The right under Article 30 also includes the right of a minority to impart education to its
children in its own language.
Article 32: Right to Constitutional Remedies
• Article 32 confers the right to remedies for the enforcement of the fundamental rights of an
aggrieved citizen.
• Dr Ambedkar called Article 32 as the most Important article of the Constitution
"An Article without which this constitution would be a nullity "
“It is the very soul of the Constitution and the very heart of it”.
• The Supreme Court has ruled that Article 32 is a basic feature of the Constitution. So, it
cannot be taken away even by way of an amendment to the Constitution.
• The Supreme Court is the defender and guarantor of the fundamental rights of the citizens.
• So, it has been vested with the 'original' and wide' powers for that purpose.
• In the case of enforcement of Fundamental Rights, the jurisdiction of the Supreme Court is
concurrent with the jurisdiction of the high court under Article 226.
• It vests original powers in the high court to issue directions orders and writs of all kinds for
the enforcement of the Fundamental Rights.
• When the Fundamental Rights of a citizen are violated, the aggrieved party has the option of
moving either to the high court or the supreme court directly.
Applicability of Article 32
• Only the Fundamental Rights guaranteed by the Constitution can be forced under Article 32
and not any other right.
• The Supreme Court cannot determine a question that does not Involve Fundamental Rights.
• Article 32 can be invoked to determine the constitutionality of an executive order or a
legislation only if it directly Infringes any of the fundamental rights. The President can
suspend the right to move any court for the enforcement of the fundamental rights during a
national emergency (Article 359).
Writs
• Writs are extraordinary remedies to uphold the rights and liberties of the people.
• The Supreme Court (under Article 32) and the high courts (under Article 226) can issue the
writs of habeas corpus, mandamus, prohibition, certiorari and quo-warranto.
Further the Parliament (under Article 32) can empower any other court to issue these writs.
Supreme Court High Court
a. It can issue writs only for the enforcement a. High courts can issue writs for the
of fundamental rights. enforcement of Fundamental Rights and
b. It can issue writs against a person or also for any other purpose.
government throughout the territory of b. It can Issue writs within its territorial
India. jurisdiction only.
c. The Supreme Court may not refuse c. Only if the cause of action arises outside its
exercise its writ jurisdiction. territorial jurisdiction, it can issue writs
d. outside its territory.
d. Remedy under Article 226 is discretionary
and hence, a high court may refuse to
exercise its writ jurisdiction.
29

The writ jurisdiction of the Supreme Court differs from that of a high court in following respects:
30

Artie 33: Fundamental Rights of Armed Forces

• Parliament can restrict or abrogate the fundamental rights of the members of armed
forces, paramilitary forces, police forces, intelligence agencies and analogous forces.
• The power to make laws under Article 33 is conferred only on Parliament.
• A parliamentary law enacted under Article 33 can also exclude the court martial (tribunals
established under the military law) from the writ jurisdiction of the Supreme Court and the
high courts for the enforcement of Fundamental Rights.
Article 34: Martial law
• Article 34 provides for the restrictions on fundamental rights while martial law is in force in
any area within the territory of India.
• It empowers the Parliament in following aspects.
a. It can indemnify (protect) any government servant or any other person for
any act done by him with respect to maintenance or restoration of order In
any area where martial law was in force.
b. It can also validate any sentence passed, punishment inflicted, forfeiture
ordered or other act done under martial law in such an area.
• The Act of Indemnity made by the Parliament cannot be challenged in any court on the
ground of contravention of any of the fundamental rights.
Features of Martial Law
1. It affects only Fundamental Rights.
2. It suspends the government and ordinary law courts
3. It is imposed to restore the breakdown of law.
4. It is imposed in some specific area of the country.
5. It is implicit and has no specific provision in the Constitution.
Article 35: Implementation of Fundamental Rights
• Article 35 lays down that
a. the power to make laws,
b. to give effect to certain specified fundamental rights
c. are vested only in the Parliament and not in the state legislatures.
• This ensures that there is uniformity throughout India even though some of those matters
may fall within the sphere of the state legislatures (i.e., State List).
• The Parliament shall have power to make laws with respect to the following matters:
a. Prescribing residence as condition for certain employment or appointments In a
state or union territory or local authority or other authority (Article 16).
b. Empowering courts other than the Supreme Court and the high courts to issue
directions, orders and writs of all kinds for the enforcement of fundamental rights
(Article 32.)
c. Restricting or abrogating the application of Fundamental Rights to members of
armed forces, police forces, etc. (Article 33).
d. Indemnifying any government servant or any other person for any act done during
the operation of martial law in any area (Article 34),
• Only Parliament has powers to make laws for prescribing punishment for those acts that are
declared to be offences under the fundamental rights.
31

These Include.
a. Right against Untouchability (Article 17) and
b. Traffic in human beings and forced labour (Article 23),
Exemption of Fundamental Rights
Article 31 A
• Article 31A saves five categories of laws from being challenged and invalidated on the
ground of contravention of the fundamental rights conferred by Article 14 and Article 19.
• These are related to agricultural land reforms, industry and commerce.
• These include the following:
a. Acquisition of estates and related rights by the State
b. Taking over the management of properties by the State
c. Amalgamation of corporations
d. Extinguishment or modification of rights of directors or shareholders of
corporations.
e. Extinguishment or modification of mining leases.
Article 31B
• Article 31B saves the acts and regulations included in the Ninth Schedule from being
challenged and invalidated on the ground of contravention of any of the fundamental rights.
• Article 31B immunises any law included in the Ninth Schedule from all the fundamental
rights.
9th Schedule
• The following laws are included in this schedule
a. State legislature: The acts and regulations that deal with land reforms and
abolition of the zamindari system. and
b. Parliament: The acts and regulations that deal with
other matters
I.R Coelho case (2007)
• In I.R. Coelho case (2007), the Supreme Court ruled that there could not be any blanket
immunity from judicial review of laws included in the Ninth Schedule.
Article 31C
• No law that seeks to implement the socialistic directive principles specified in Article 39(b)
and (c) shall be void on the ground of contravention of the fundamental rights conferred by
Article 14 or 19.
• Article 39 (b): State shall direct its policy towards securing that the ownership and control of
the material resources of the community are so distributed as best to sub serve the
common good.
• Article 39 (c): State shall direct Its policy towards ensuring that the operation of the
economic system does not result in the concentration of wealth and means of production to
the common detriment.
Some Recent Events with regard to Fundamental Rights
1. Aadhaar Act
• The Supreme Court declared the Aadhaar scheme as constitutionally valid.
• The Supreme Court said there is nothing in the Aadhaar Act that violates the right to privacy
of individuals under Article 21.
32

2. Reservation in Promotions
• The Supreme Court allowed for grant of quota for promotions in the government jobs to SCs
and ST without the need to "collect quantifiable data"
• Previously in the M. Nagaraj vs. Union of India Case 2006, SC gave direction that the state
should provide proof on Backwardness for granting reservation.
3. Reservation for Economically Weaker Sections
• The Constitution (103rd Amendment) Act, 2019 provides 10% reservation in government
jobs and educational Institutions to the economically weaker sections (EWS) among those
who are not covered under any reservation plan.
• Article 15 has now been amended: It includes "to enable the government to take special
measures for the advancement of economically weaker sections" (EWS)"
• Article 16(6) has been added. It permits the government to reserve up to 10% of all posts for
the economically weaker sections" of citizens.
4. Section 377
• 2018 Navtej Singh Johar v. Union of India
• In 2018, the five-Judge constitution bench of the Supreme Court reversed its own 2013
judgement of restoring Section 377.
• The court unanimously ruled that section 377 is unconstitutional as it infringed on the
fundamental right of autonomy, intimacy, and identity under Articles 14, 15,19 and Article
21.
5. Transgender
• National Legal Services Authority v. Union of India
• It is a landmark decision by the Supreme Court of India, which declared transgender people
to be a 'third gender".
• It affirmed that the fundamental rights granted under the Constitution of India will be
equally applicable to transgender people.
• It gave them the right to self-Identification of their gender as male, female or third gender.
• It also held that because transgender people were treated as socially and economically
backward classes, they will be granted reservations in admissions to educational institutions
and jobs.
• This seeks to achieve the goals of equality and liberty encapsulated in Articles 14, 15, 16 and
21.
6. Triple talaq
• In 2017 judgment, the Supreme Court described Instant triple talaq as unconstitutional and
violated the rights of Muslim women.
• It also described It as being against Article 14 of the Constitution (equality before the law).
• The Muslim Women (Protection of Rights on Marriage) Bill, 2019 makes instant divorce
(triple talaq) a penal offence.
7. Sedition: Section 124 A of IPC
• According to IPC, Sedition is an act that brings or attempts to bring into hatred/ contempt/
excites or attempts to excite disaffection towards the Government established by law In
India by words, either spoken or written or by signs/visible representation or otherwise.
• Law Commission: Section 124A should be Invoked only In cases where the intention behind
any act is to disrupt public order or to overthrow the government with violence and illegal
means.
8. Restrictions on entry into temples
33

• The Cases of Sabarimala and Puri Jagannath highlight the violations of Articles 14 and 15 as
they impose restrictions on the entry of women and non-Hindu pilgrims respectively.
• The Supreme Court removed such restrictions. Individual rights under Article 14 ,15 and 25
are given precedence over rights of a group under Article 26
9. Euthanasia
• In 2018 the Supreme Court of India legalised passive euthanasia by means of the withdrawal
of life support to patients in a permanent vegetative state.
• SC decided on whether the Article 21 of the Constitution includes in its ambit the right to die
with dignity by means of executing a living wills/advance directive.
10. Pai Case
• It is a landmark judgement that brought in some parity in the regulation of minority
educational institutes.
• State was given the right to regulate unaided Minority educational institutions.
• The judgement-imposed restrictions on Article 30
Having discussed the fundamental rights in this section, we shall discuss the directives that the
constitution provides to the state for better administration. These directives are called the directive
principles of State Policy.
Directive Principles of State Policy
• Directive Principles of State Policy are fundamental in the governance of the country.
• They are directives to the future governments to incorporate them in the decisions and
policies to be formulated by them.
• They give an idea of the vision of makers of the Indian Constitution.
• The chapter on Directive Principles lists mainly three things:
a. The goals and objectives that a society should adopt
b. Certain rights that individuals should enjoy apart from the Fundamental Rights
c. Certain policies that the government should adopt
• They were incorporated to provide economic justice and to avoid concentration of wealth In
the hands of a few people.
• The Directive Principles resemble the 'Instrument of Instructions' enumerated In the
Government of India Act of 1935.
Significance
• Dr B R Ambedkar described these principles as 'novel features' of the Indian Constitution.
• The Directive Principles along with the Fundamental Rights contain the philosophy and the
soul of the Constitution.
• Granville Austin described the Directive Principles and the Fundamental Rights as the
Conscience of the Constitution
What do Directive Principles symbolize?
• It denotes the Ideals that the State should keep in mind while formulating policies and
enacting laws.
• They are the constitutional Instructions or recommendations to the State In legislative,
executive and administrative matters.
• They aim at realizing the high ideals of justice, liberty, equality and fraternity as outlined in
the Preamble to the Constitution.
• They embody the concept of a 'welfare state' which seeks to establish economic and social
democracy in the country.
34

• They facilitate stability and continuity in domestic and foreign policies in political, economic
and social spheres in spite of the changes of the party in power.
• They are supplementary to the fundamental rights of the citizens.
• They are intended to fill in the vacuum In Part III by providing for social and economic rights.
• They enable the opposition to exercise influence and control over the operations of the
government.
• The Opposition can blame the ruling party on the ground that its activities are opposed to
the Directives.
• They serve as a common political manifesto. 'A ruling party, irrespective of its political
Ideology, has to recognise the fact that these principles are intended to be its guide,
philosopher and friend in its legislative and executive acts.
What does 'State' mean in the phrase "Directive Principles of State Policy"?
• According to Article 36, the term 'State' In Part IV has the same meaning as mentioned in
Article 12 of the Constitution.
• It includes the legislative and executive organs of the central and state governments, all local
authorities and all other public authorities in the country.

Why are these principles called Directive Principles?

• Article 37 says that
a. these principles are fundamental In the governance of the country and
b. It shall be the duty of the State to apply these principles In making laws.
• They are not legally enforceable by the courts for their violation.
• The government cannot be compelled to implement them.
• However, they help the courts in examining and determining the constitutional validity
of a law.
Enforcement of the Directives
• These guidelines are 'non-justiciable' i.e. Cannot be enforced by the judiciary.
• However, they impose a moral obligation on the state authorities for their application.
• The Constitution makers believed in an awakened public opinion rather than court
procedures as the ultimate sanction for the fulfilment of these principles.
• These guidelines carry moral force behind them as the people can examine the policies
and programmes of the government in the light of these directives.
• In the words of Dr B R Ambedkar
*A government which rests on popular vote can hardly ignore the Directive Principles
while shaping its policy. If any government ignores them, it will certainly have to
35

answer for that before the electorate during the election."

• The reasons for making them non-justifiable includes.
a. Financial resources,
b. vast diversity and backwardness in the country and
c. the challenges of a newly born Independent State.
Supreme Court's stand
• According to SC, if law seeks to give effect to a Directive Principle, then such law may be
considered to be reasonable' in relation to Article 14 or Article 19.
• Such laws will be saved from unconstitutionality
There are three broad categories on the basis of their content and direction.
1. Socialistic Principles
2. Gandhian Principles
3. Liberal-Intellectual Principles.
Directive Principles

1. Article 38:
a. The State shall strive to promote the welfare of the people by securing and
protecting as effectively as it may a social order In which justice (social, economic
and political) shall Inform all the Institutions of national life.
b. The State shall strive to
i. minimize the inequalities in income, and
ii. eliminate inequalities in status, facilities and opportunities,
iii. not only amongst individuals but also amongst groups of people residing In
different areas or engaged in different vocations.
iv. The provision (b) was inserted by the 44th Amendment Act of 1978.

Steps taken by the Government

• Land reforms have been introduced and Jagirdari and Zamindari systems have been
abolished.
• Right to Property has been deleted from the chapter on Fundamental Rights.
• Ceiling has been placed on land and property to fix the limit of a person's holdings.
• Subsidized public distribution schemes have been launched to help the poor people.
• There has been rapid industrialisation and tremendous increase in agricultural production
through the Green Revolution.
• The privy purses of ex-princes have been abolished.

2. Article 39
The State shall direct its policy towards securing that
36

a. citizens, men and women equally, have the right to an adequate means of livelihood.
b. the ownership and control of the material resources of the community are so distributed
as best to sub serve the common good.
c. the operation of the economic system does not result in the concentration of wealth
and means of production to the common detriment.
d. there is equal pay for equal work for both men and women.
e. the health and strength of workers, men and women, and the tender age of children are
not abused and that citizens are not forced by economic necessity to enter avocations
unsuited to their age or strength.
f. children are given opportunities and facilities to develop in a healthy manner and in
conditions of freedom and dignity and that childhood and youth are protected against
exploitation and against moral and material abandonment. (42nd Amendment Act of
1976).
Steps taken
• Equal Remuneration Act (1976) has been made to protect the interests of women
workers.
• The rules require that both men and women are paid equal wages for equal work.
• The National Commission for the Welfare of Women has been established.

3. Article 39 A
a. The State shall secure that the operation of the legal system promotes Justice, on a
basis of equal opportunity, and
b. The state shall provide free legal aid by suitable legislation or schemes or in any
other way to ensure that opportunities for securing justice are not denied to any
citizen by reason of economic or other disabilities (42nd Amendment Act of 1976).
Steps taken
• The Legal Services Authorities Act (1987) has established a nationwide network
a. to provide free and competent legal aid to the poor and
b. to organise lok adalats for promoting equal justice.
• The National Legal Services Authority was established to oversee the process of legal
aid.
4. Article 40
• The State shall take steps to organise village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of
self- government.
Steps taken
• Panchayati Raj has been given constitutional status with more powers.
• 73rd and 74th Amendments to the constitution have made the development of
Local governments compulsory
5. Article 41
• The State shall, within the limits of its economic capacity and development, make
effective provision for securing the right to
a. work,
b. education and
c. public assistance in cases of unemployment, old age, sickness and
disablement. and in other cases of undeserved want.
Steps taken:
• MGNREGA Act 2005 provides for work on demand by the rural people.
6. Article 42
• The State shall make provision for securing just and humane conditions of work and
for maternity relief.
37

Steps taken:
• The Maternity Benefit Act 2017 has been made to protect the intrest of women
workers.
7. Article 43
• The State shall endeavour to secure To all workers
a. A living wage,
b. conditions of work ensuring a decent standard of life and
c. full enjoyment of leisure and
d. In particular the State shall endeavour to promote collage industries on an
individual or co-operative basis In rural areas.
Steps Taken :
• Small scale and village industries and Khadi Gram Udyog have been encouraged to
bring prosperity to the rural areas.
8. Article 43A
• The State shall take steps, by suitable legislation or in any other way, to secure the
participation of workers in the management of undertakings, establishments or
other organisations engaged In any Industry. 42nd Amendment Act of 1076)
9. Article 44
• The State shall endeavour to secure for the citizens a uniform civil code throughout
the territory of India.
Steps taken:
• Hindu Succession Amendment Act (2005) gives a share for daughters in ancestral
property.
• Juvenile Justice Act 2000 grants the right of adoption equally to people of all
religions.
10. Article 45
• The state shall endeavour to provide, within a period of ten years from the commencement
of this Constitution, for free and compulsory education for all children until the complete
age of fourteen years.
• The 86th Amendment Act of 2002 Changed the subject of Article 45 and made elementary
education (6-14 years) a fundamental right under Article 21 A
• The amendment directive requires the State to provide early Childhood care and education
for all children until they complete the age of six years
11. Article 46
• The State shall promote with special care
a. The educational and economic interests of the weaker sections of the people
and
b. In particular, of the Scheduled Castes and the Scheduled Tribes and shall protect
them from social injustice and all forms of exploitation.
Steps taken:
• Untouchability has been abolished Sincere efforts have been made for the upliftment of the
SCs, ST and of other Backward Classes
• Seats are reserved SCs, STs, and other weaker sections in educational institutes, government
services and representative bodies.
38

• Protection of Civil Rights Act in 1976 and the Scheduled Castes and Scheduled Tribes
(Prevention of Atrocities) Act, 1989, have been enacted to protect the SCs and STs from
social Injustice and exploitation.
• National Commission for Scheduled castes and National commission for schedule Tribes
ensure protection for SCs and STs.
• The National Commission for Backward Classes was recently accorded the status of a
Constitutional body.
• National Commission for Minorities (1993), National Commission for Women (1992) and The
National Commission for protection of child rights (2007) has been set up.
12. Article 47
• The State shall regard the raising of the level of nutrition and the standard of living of its
people and the improvement public health as among its primary duties and
• In particular. the State shall endeavour to bring about prohibition of the consumption except
for medicinal purposes of intoxicating drinks and of drugs which are injurious to health.
Steps Taken:
• Primary health centres and hospitals have been established throughout the country to
improve public health. Also, special programmes have been launched to eradicate
widespread diseases.
• National Rural and Urban Health Mission focuses health of general public.
• Prohibition policy in Bihar and Gujarat.
13. Article 48
• The State shall endeavour to organise agriculture and animal husbandry on modern and
scientific lines and shall, In particular, take steps for preserving and Improving the breeds,
and prohibiting the slaughter of cows and calves and other milch and draught cattle.
Steps taken:
• Laws to prohibit the slaughter of cows, calves, and bullocks have been enacted in some
states.
• Agriculture has been modernised by providing improved agricultural inputs, seeds, fertilisers
and irrigation facilities.
• Various steps have also been taken to organise animal husbandry on modern and scientific
lines.
14. Article 48 A
• The State shall endeavour to protect and Improve the environment and to safeguard the
forests and wildlife of the country. (42nd Amendment Act of 1976)
Steps taken:
• The Wildlife (Protection) Act, 1972 and the Forest (Conservation) Act, 1980, have been
enacted to safeguard the wildlife and the forests respectively.
• Water and Air Acts have provided for the establishment of the Central and State Pollution
Control Boards for the protection and improvement of the environment.
• The National Forest Policy (1988) aims at the protection, conservation and development of
forests.
15. Article 48 B
• The 97th Amendment Act of 2011 added a new Directive Principle relating to co-operative
societies.
• It requires the state to promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies (Article 43B).
39

16. Article 49
• It shall be the obligation of the State to protect every monument or place or object of artistic
or historic interest to be of national importance.
Steps Taken
• The Ancient and Historical Monument and Archaeological Sites and Remains Act (1951) has
been enacted to protect the monuments, places and objects of national importance.
• PRASAD - Pilgrimage Rejuvenation and Spirituality Augmentation Drive - by Ministry of
Tourism
• HRIDAY scheme - Heritage City Development and Augmentation Yojana
17. Article 50
• The State shall take steps to separate the judiciary from the executive in the public services
of the State.
Steps taken :
• The Criminal Procedure Code (1973) separated the judiciary from the executive in the public
services of the state.
• The National Judicial Appointments Commission Act was abolished by the Judiciary as it
aimed at involving the Executive In judicial appointments.
18. Article 51.
• The State shall endeavour to -
a. promote international peace and security.
b. maintain just and honorable relations between nations.
c. foster respect for international law and treaty obligations in the dealings of
organized peoples with one another
d. encourage settlement of international disputes by arbitration.
Steps taken:
• India has been actively cooperating with the U.N, to promote international peace and
security.
• India has been following the policy of non-alignment and Panchsheel to promote
international peace and security.
• India has always been supporting global peace initiatives like Multilateralism based World
order, Disarmament, Vasudhaiva Kutumbakam (World is one Family), issues of 3rd World
Countries.
• India is the largest contributor to UN Peacekeeping forces.
40

Fundamental Rights and Directive Principles

• Thus, our Constitution aims at bringing about a synthesis between Fundamental Rights and
Directive Principles of state policy. Together, they form the core of the Constitution.
•
Conflict between the two provisions
• The justiciability of Fundamental Rights and non-justiciability of Directive Principles on the
one hand and the moral obligation of the State to implement Directive Principles (Article 37)
on the other hand have led to a conflict between the two since the commencement of the
Constitution.
• A long legal battle had been in existence between FRs and DPSPs.
• The executive and the judiciary took different positions. Government saw rights as a
hindrance to the welfare of the people. The judiciary regarded Fundamental Rights as
important and sacred.

Champakam Dorairajan case 1951

• The Supreme Court ruled that in case of any conflict between the Fundamental Rights and
the Directive Principles, the former would prevail.

Golaknath case (1967)

• The Supreme Court ruled that the Parliament cannot take away or abridge any of the
Fundamental Rights.
• Fundamental Rights cannot be amended for the implementation of the Directive Principles.

24th and 25th Amendment Act (1971)

• The 24th Amendment Act declared that the Parliament has the power to abridge or take
away any of the Fundamental Rights by enacting Constitutional Amendment Acts.
• The 25th Amendment Act Inserted a new Article 31C two provisions:
1. No law which seeks to implement the socialistic Directive Principles specified in
Article 39 (b) and (c) shall be void on the ground of contravention of the
Fundamental Rights conferred by Article 14, Article 19 or Article 31
41

2. No law containing a declaration for giving effect to such a policy shall be

questioned in any court on the ground that it does not give effect to such a policy.
Kesavananda Bharati case (1973)
• The Supreme Court declared the second provision of Article 31C as unconstitutional and
invalid on the ground that judicial review is the is a basic feature of constitution and hence,
cannot be taken away.
• The first provision of Article 31C was held to be constitutional and valid.

42nd Amendment Act (1976)

• The 42nd Amendment Act (1976) extended the scope of Article 31C by Including within Its
protection any law to Implement any of the Directive Principles and not merely those
specified in Article 39(b) and (c).
• 42nd Amendment Act accorded the position of legal primacy and supremacy to the directive
Principles over the fundamental rights conferred by Articles 14, 19 and 31.

Relationship between FRs and DPSPs

• In the Minerva Mills case (1980), the Supreme Court also held that the Indian Constitution is
founded on the bedrock of the balance between the Fundamental Rights and the Directive
Principles.
Having discussed the Directive Principles of State policy, let us discuss the fundamental duties of
every citizen of India as added by the 42nd Constitutional Amendment Act.

Fundamental Duties
Origin of Fundamental Duties
• The Fundamental Duties were not part of the Original Constitution of India.
• The 42nd Constitutional Amendment Act, 1976 added the Article 51-A in Part-IV A which
deals with Fundamental Duties for citizens.
• It was done based on the recommendation of the Swaran Singh Committee.
Swaran Singh Committee
• In 1976, the committee was set up to make a recommendation for fundamental duties, the
need and necessity of which was felt during the emergency period.
• The committee recommended the inclusion of a separate chapter under the heading of
Fundamental Duties.
• The government accepted the suggestion and included it in a separate article 51A which had
ten fundamental duties.
• Though the Swaran Singh Committee suggested the incorporation of only eight fundamental
duties, the 42nd Amendment added ten duties,
Some of the recommendations which were not accepted by the Government are:
• The Parliament may provide for the imposition of punishment or penalty as considered
suitable for non-compliance of these duties.
• Such punishment or law won't be questioned in a court of law for the enforcement of
fundamental Rights and in case it caused a breach of fundamental rights.
• Duty to pay taxes by the citizen was also on the list of fundamental duties.
List of Fundamental Duties present in Indian Constitution
According to Article 51 A, It shall be the duty of every citizen of India:
42

a) to abide by the Constitution and respect its Ideals and Institutions, the National Flag and the
National Anthem.
b) to cherish and follow the noble ideals that inspired the national struggle for freedom.
c) to uphold and protect the sovereignty, unity and integrity of India.
d) to defend the country and render national service when called upon to do so.
e) 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.
f) to value and preserve the rich heritage of the country's composite culture.
g) to protect and improve the natural environment including forests, lakes, rivers and wildlife and
to have compassion for living creatures.
h) to develop scientific temper, humanism and the spirit of Inquiry and reform
i) to safeguard public property and to abjure violence.
j) 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
k) 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)

Features of Fundamental Duties

• The fundamental duties contain both the moral as well as civic duties.
• For example, cherishing noble ideals from freedom struggle is a moral duty and respecting
the constitution, national flag and national emblem is a civic duty.
• Fundamental duties are only confined to Indian citizenship and don't extend to foreigners.
• Like Directive Principles, Fundamental Duties are also non- justiciable in nature.
• However, the Parliament is free to enforce them by suitable legislation.
Significance of Fundamental Duties
"The Moral Value of fundamental duties would not be to smother rights but to establish a
democratic balance by making people conscious of their duties equally as they are conscious of their
rights”. -Indira Gandhi

• The Fundamental Duties inherit some of the ideals, thoughts, beliefs of great saint
philosophers, social reformers and political leaders
• It serves as a constant reminder to the citizens that while enjoying their rights, they should
be aware of their duties towards other citizens and the nation.
• It serves as a warning to the people against the anti-social activities that disrespect the
nation like burning public property and disturbing public space.
• It helps In the promotion of a sense of discipline and commitment towards the nation.
• It helps in realizing national goals by the active participation of citizens rather than mere
spectators
• It helps the Court in determining the constitutionally of the law. For instance, any law passed
by the legislatures, when taken to Court for constitutional validity of the law, if it is giving
force to any Fundamental Duty, then such law would be taken as reasonable.
Criticisms of Fundamental Duties
• The list of duties does not contain many other Important duties of citizens.
• For Instance, the duty to vote In elections, paying taxes on time are not on the list of
fundamental duties which were recommended by the Swaran Singh Committee,
• Many of the duties are not defined properly and are ambiguous in nature.
43

• For instance, different interpretations can be made of words like, 'noble ideals', 'composite
culture', "scientific temper' and many other terms.
• These have been critiqued as a moral code of conduct due to their non-justifiable in nature.
• Due to this, the Swaran Singh Committee had recommended punishment or fine for not
following and observing these duties.
• In a Judgement the Supreme Court held that no person can be forced to join the singing of
the National Anthem creating confusion around their usefulness.
Justice Verma Committee
• Justice Verma Committee was constituted in 1998 to plan a strategy for the purpose of
teaching fundamental duties and make it enforceable in every educational institution and to
initiate in service training.
• According to the Committee, the non-operationalization of Fundamental duties was not
because of the lack of concern or non-availability of legal provisions, but it was because of
the strategy of implementation.

Laws to promote Fundamental Duties

• The Prevention of Insults to National Honour Act, 1971 stipulates that no citizen should
disrespect the National flag, Constitution of India and the National anthem which are
enshrined in the first clause of the Article 51A.
• There are various criminal laws which are enacted to provide punishment to people
encouraging enmity between different sections of people on the grounds of race, religion,
language, place of birth and so on.
• The Protection of Civil Rights Act, 1955 was enacted to punish the offences related to caste
and religion.
• There are various sections in the Indian Penal Code that declare the imputation and
assertions which are prejudicial to the nation's Integrity and unity and are punishable
offences.
• The Representation of People Act, 1951 was enacted for the disqualification of Members of
Parliament or state legislatures Indulging in corrupt practices such as soliciting votes in the
name of religion or promoting enmity between different sections of people on grounds of
race, caste, language, religion or any other ground.
• The protection of wildlife and prohibition of trade in rare and endangered animals is done by
The wildlife (Protection) Act, 1972.
• The Forest (Conservation) Act, 1980 prohibits Indiscriminate deforestation and diversion of
forest land for non-forest purposes.
Major Cases
1. M.C. Mehta v. Union of India & Ors, 1988
• The Supreme Court had held that under article 51A(g), It is the duty of the central
government to Introduce compulsory teaching of lessons on protection and Improvement of
the natural environment.
2. A..I.M.S. Students Union v. A.I..M.S. & Ors, 2001
• The Court remarked that although fundamental duties cannot be enforced by court these
are considered Important as they provide valuable guidance.
• These are an important tool for interpretation of many constitutional and other legal issues.
3. Aruna Roy v Union of India, 2002
• The constitutional validity of the National Curriculum Framework for School Education has
upheld on the basis of Article 51A(e).
44

Conclusion
• Despite their non-enforceability, Fundamental duties are the essence of a democratic State
like India.
• A democratic state can't survive when its citizens are not willing to take an active part in
governance and assume responsibilities for the best interest of the country.
• Many of these duties are now incorporated as separate law and are enforceable by the law,
but that doesn't diminish the value of these duties mentioned in Article-51A
• These are guidelines for a socially aware and morally correct citizen of India.

References
Indian Polity by M Laxmikanth
DD Basu - Introduction to the Constitution of India
The Hindu and Indian Express.