Fundamental Rights

Introduction

The Constitution of India listed the rights to the citizens of India that would be specially
protected and known as the ‘Fundamental Rights. ’‘Fundamental’ means the Constitution has
separately listed and made special provisions for the protection of ‘Fundamental Rights.’
Fundamental Rights are different from other rights (i.e. ordinary legal rights) available to the
citizens of India. Ordinary legal rights are protected and enforced by ordinary law; but
Fundamental Rights are protected and guaranteed by the Constitution of India. Ordinary Rights
may be changed or amended by the legislature by ordinary law making process, but a
Fundamental Right may only be changed by amending the Constitution itself. Judiciary has the
powers and responsibility (assigned by the Constitution) to protect the Fundamental Rights; in
case any government’s action violates it. Judiciary, if found any act of the government (either
by Executive or by Legislature) equivalent to violation of the Fundamental Rights, can be
declared that act illegal or restrict them to do further so. However, Fundamental Rights have
some reasonable restrictions and hence, they are not absolute in nature. Furthermore, the
preamble to our Constitution speaks of ensuring all its citizens equality, liberty, and justice.
Fundamental Rights put this promise into effect. Fundamental Rights are very essential to
everyone’s life. They are the basic feature of the Constitution.
The Constitution of India provides six Fundamental Rights, which are mentioned in Articles 12 to 35 in
Part-III (of Constitution).

Right to Equality (Article 14-18)

The Rule of law is the foundation of Indian democracy that states that the laws apply in the
same manner to all, irrespective of a person’s status. It means that the Prime Minister of the
country or a poor farmer in a remote village is subject to the same law and equal treatment.

• Article 14 states that the government shall not deny to any person, equality before the
law or the equal protection of the laws, which means −
• Laws apply in the same manner to all;

• No person is above the law;

• Every citizen is subjected to the same laws and same treatment;

• No person can legally claim any special treatment or privilege on any of the ground;
and

• Law makes no distinction between a political leader, a government official, and an

ordinary citizen.

Article 15 states that no citizen can be discriminated against on the basis of his/her religion,
race, caste, sex, or place of birth.

Article 15 further enhanced the Right to Equality by providing that every citizen shall have equal
access to public places like shops, restaurants, hotels, and cinema halls. Similarly, there shall
be no restriction with regard to the use of wells, tanks, bathing ghats, roads, playgrounds, and
places of public resorts maintained by the government.

Article 16 states that the State cannot discriminate against anyone in the matters of employment.

Article 17 abolishes the practice of untouchability in any form, which states that every person
has access to all public places including playgrounds, hotels, shops, etc.

Article 18 says that Abolition of titles No title, not being a military or academic distinction,
shall be conferred by the State No citizen of India shall accept any title from any foreign State
No person who is not a citizen of India shall, while he holds any office of profit or trust under
the State,

Right to Freedom (19-22)

Freedom means non-interference and absence of restrictions in one’s affairs by others, whether
it be the individuals or the Government.
Art-19-The Constitution of India provides all citizens ‘freedom’ under Article 19 to do any of
these following acts −
o Right to Freedom of speech and expression;
o Right to form assembly in a peaceful manner;
o Right to form associations and unions;
o Right to move freely throughout the country;
o Right to reside in any part of the country; and
o Right to Practice any profession, or to carry on any occupation, trade, or business.

Article 20- Protection with respect to conviction for offences

• However, there are certain reasonable restrictions that can be imposed upon the citizens by the
Government in the larger interests of the society.
• Likewise, though every citizen has the right to all these freedoms, but it is subject to reasonable
restrictions such as −
o The expression of freedoms should not cause public nuisance or disorder.
o This freedom of one should not violate others’ right to freedom.
o Freedom is not unlimited right to do what one wants.
o Accordingly, the government can impose certain reasonable restrictions (on freedoms of
citizens) in the larger interests of the society.
The Honourable Supreme Court of India has explained the ‘freedom’ under Article 21 as −
o No citizen can be killed unless the court has ordered a death sentence.
o No person can be arrested or detained by the police officer unless he has proper legal
justification.
As per the guidelines settled by the Hon’ble Supreme Court of India, a police officer while
arresting a person
has to follow some procedures –
The police officer is duty bound to inform the person (in case of his arrest), the reason/s of his
arrest and detention and the person so arrested has the right to know the reason for his arrest.
o It shall be the duty of the police officer to produce the arrested person before the nearest
magistrate within a period of 24 hours of arrest.
o The arrested person has the right to consult a lawyer of his choice for his defence. Article
21 Right to life and personal liberty
Article 21A Right to elementary education
Article 22 Protection against arrest and detention in certain cases

Right against Exploitation(Art 23-24)

The Constitution of India provides distinct and clear provisions to prevent exploitation of the
weaker sections of the society.
Art 23- Prohibition of traffic in human beings and forced labour
(1) Traffic in human beings and begar and other similar forms of forced labour are prohibited and
any contravention of this provision shall be an offence punishable in accordance with law
(2) Nothing in this article shall prevent the State from imposing compulsory service for public
purpose, and in imposing such service the State shall not make any discrimination on grounds
only of religion, race, caste or class or any of them.
Article 24 in The Constitution Of India
Prohibition of employment of children in factories, etc No child below the age of fourteen years
shall be employed to work in any factory or mine or engaged in any other hazardous
employment Provided that nothing in this sub clause shall authorise the detention of any person
beyond the maximum period prescribed by any law made by Parliament under sub clause (b)
of clause (7); or such person is detained in accordance with the provisions of any law made
by Parliament under sub clauses (a) and (b) of clause (7).

Right to Freedom of Religion (25-28)

Article 25 guarantees the freedom of conscience, the freedom to profess, practice, and
propagate religion to all citizens.
The above-mentioned freedoms are subject to public order, health, and morality.

Key Points:

1. Public Health:
o Religious practices or activities that threaten the health and well-being of the public
can be regulated or restricted.
o For example:
▪ Prohibiting animal sacrifices in public places if it poses a risk of spreading
diseases.
▪ Banning practices like consumption of certain substances during religious
rituals if they harm public health (e.g., during a pandemic).
2. Public Order:
o Religious activities that disrupt public peace, safety, or harmony can be restricted.
o For example:
▪ Regulating processions during religious festivals to prevent communal
clashes.
▪ Prohibiting inflammatory speeches or acts that incite violence in the name
of religion.
3. Morality:
o Religious practices that go against societal standards of decency or ethical
principles can be curtailed.
o For example:
▪ Practices like Sati (self-immolation of widows) were abolished as they were
deemed immoral and inhuman.
▪ Restrictions on practices like child marriages or untouchability, even if
justified as religious traditions.

While the Constitution guarantees religious freedom, these restrictions ensure that
individual rights do not override collective welfare or the basic principles of a
democratic society. This balance is maintained to protect both diversity and social
harmony.

This article also gives a provision that the State can make laws:
That regulates and restricts any financial, economic, political, or other secular activity
associated with any religious practice.
That provides for the social welfare and reform or opening up of Hindu religious institutions
of a public character to all sections and classes of Hindus. Under this provision, Hindus are
construed as including the people professing the Sikh, Jain, or Buddhist religions, and Hindu
institutions shall also be construed accordingly.
People of the Sikh faith wearing & carrying the kirpan shall be considered as included in the
profession of the Sikh religion.
Article 26 (Freedom to manage religious affairs)
This Article provides that every religious denomination has the following rights, subject to morality, health,
and public order.

The right to form and maintain institutions for religious and charitable intents. The
right to manage its own affairs in the matter of religion.
The right to acquire the immovable and movable property.
The right to administer such property according to the law.
Article 27 (Freedom as to payment of taxes for promotion of any particular religion)
According to Article 27 of the Constitution, there can be no taxes, the proceeds of which are
directly used for the promotion and/or maintenance of any particular religion/religious
denomination.
Article 28 (Freedom as to attendance at religious instruction or religious worship in
certain educational institutions)
This article permits educational institutions that are maintained by religious groups to
disseminate religious instruction.
• This provides that no religious instruction shall be provided in State-run educational
institutions.
• Educational institutions administered by the State but that were established under any
endowment or trust which requires that religious instruction shall be imparted in such
institutions are exempt from the above clause (that no religious instruction shall be
provided).
• Any person who attends any educational institution recognized by the State or receiving
State aid shall not be required to participate in any religious instruction that may be
imparted in such institution, or also attend any religious worship in such institutions
unless he/she has given consent for the same. In the case of minors, the guardians should
have given consent for the same.

Cultural & Educational Rights (Articles 29 & 30) Article

29 – Protection of Interests of Minorities
This article is intended to protect the interests of minority groups.
Article 29(1): This provides any section of the citizens residing in India having a distinct
culture, language, or script, the right to conserve their culture, language and script.

Examples:

1. Tribal Communities:
o Tribes like the Santhals, Gonds, or Nagas have distinct languages, scripts, and
cultures. They have the constitutional right to protect their traditions, languages,
and rituals through schools, festivals, and community activities.
2. Linguistic Minorities:
o The Tamil-speaking population in states like Kerala or Karnataka has the right to
conserve their Tamil language and script.
oSimilarly, the Konkani-speaking community in Karnataka and Kerala can
promote their language through literature, education, and cultural activities.
3. Cultural Communities:
o The Parsis, with their unique cultural and religious traditions, are entitled to
conserve their practices and rituals.
o The Jain community, a religious minority, can preserve their distinct cultural
practices, such as their festivals (Mahavir Jayanti) and philosophical teachings.
4. Regional Practices:
o The Maithili-speaking people in Bihar have the right to protect and promote their
language, which is distinct from Hindi.
o The Sindhi community, despite not having a specific state in India, has the right
to conserve their Sindhi language and script.
5. Educational Institutions:
o Communities like Bengalis in Tamil Nadu or Marathis in Gujarat can establish
cultural associations and schools to teach their children in their mother tongue.

Article 29(2): The State shall not deny admission into educational institutes maintained by it
or those that receive aid from it to any person based only on race, religion, caste, language, or
any of them.
Article 30 – Right of Minorities to Establish and Administer Educational Institutions
This right is given to minorities to form and govern their own educational institutions. Article
30 is also called the “Charter of Education Rights”.
Article 30(1): All religious and linguistic minorities have the right to establish and administer
educational institutions of their choice.
Article 30(2): The State shall not, when granting aid to educational institutions, discriminate against any
educational institution on the ground that it is under the management of a minority, whether based on religion
or language.

Right to Constitutional Remedies (32)

Debates Around Right to Constitutional Remedies (Article 32)

The Right to Constitutional Remedies, enshrined in Article 32 of the Indian Constitution, is

considered the "heart and soul" of the Constitution, as described by Dr. B.R. Ambedkar. It
empowers individuals to approach the Supreme Court directly for the enforcement of their
fundamental rights. While the article has been celebrated for its pivotal role in protecting citizens'
rights, it has also been a subject of debate on various grounds.

1. Scope and Significance

• Supporters' Perspective:
o Article 32 ensures that fundamental rights are not mere theoretical concepts but
enforceable legal rights.
o The provision provides individuals with direct access to the Supreme Court,
bypassing lengthy judicial processes.
o Remedies such as writs (Habeas Corpus, Mandamus, Prohibition, Certiorari,
and Quo Warranto) ensure swift action to address violations.
• Critics' Perspective:
o The reliance on Article 32 for addressing every rights violation might overburden
the judiciary, particularly the Supreme Court.
o There is an argument that High Courts (under Article 226) should handle such cases
first to ease pressure on the apex court.

2. Judiciary’s Interpretation

• Expansive Interpretation:
o The Supreme Court has expanded the scope of Article 32 over time, allowing for
broader interpretations of fundamental rights (e.g., Right to Life under Article 21
includes the right to privacy and clean environment).
o Public Interest Litigations (PILs) have empowered marginalized groups to seek
justice under Article 32.
• Concerns:
o Critics argue that the judiciary sometimes exceeds its mandate by interpreting
Article 32 too expansively, leading to accusations of judicial activism or judicial
overreach.

3. Debate Over Public Interest Litigation (PIL)

• Pros:
o PILs under Article 32 democratize access to justice, allowing individuals or groups
to challenge violations that affect public interest.
• Cons:
o Abuse of PILs: Critics argue that PILs are sometimes misused for personal or
political motives, clogging the judiciary with frivolous cases.
o Over-reliance on Article 32 for PILs diverts the court’s attention from more urgent
cases of rights violations.

4. Centralization of Power

• Some argue that Article 32 centralizes power in the Supreme Court, overshadowing High
Courts' role under Article 226.
• There is a suggestion that High Courts should be equally prioritized for the enforcement of
fundamental rights to ensure equitable distribution of judicial responsibilities.

5. Suspension of Article 32 during Emergencies

• Criticism of Emergency Provisions:

o Article 32 can be suspended during a state of emergency under Article 359, raising
concerns about citizens' inability to enforce their rights when they are most
vulnerable.
o This was a contentious issue during the Emergency (1975–77) when fundamental
rights were curtailed, and Article 32 was rendered ineffective.

6. Delay in Justice

• Practical Limitations:
o Despite Article 32's promise of quick justice, the reality is that judicial delays and
pendency of cases undermine its effectiveness.
o Critics argue that systemic reforms are needed to ensure that Article 32 serves its
intended purpose efficiently.

7. Judicial Activism vs. Judicial Restraint

• Article 32 has often been at the center of debates about the judiciary’s role:
o Activism: Proponents argue that the judiciary must actively use Article 32 to
protect citizens' rights, especially against state excesses.
o Restraint: Critics contend that the judiciary must respect the separation of powers
and avoid interference in policy matters under the guise of Article 32.

Most important part of the Fundamental Rights

Parliament can empower any other court to issue directions, orders and writs of all kinds
President can suspend the enforcement of Fundamental rights during a national emergency
(article 359)
Article 32 can be invoked in only those cases where there is violation of FR.

Writs
Before 1950, only high court of Bombay, Madras and Calcutta could issue writs.
Idea borrowed from British
Writ jurisdiction of Supreme Court is narrower
Territorial jurisdiction of SC is much greater than HC SC
is the defender and guarantor of fundamental rights
Habeas Corpus
Tool of individual liberty against arbitrary detention
Can be issued against both public and private individuals
The writ cannot be issued in following cases:
Detention is lawful.

Proceedings is for contempt of legislature or court Detention

is by a competent court
Detention is outside court jurisdiction
Mandamus
Demanding a public official to perform a duty which he has failed to perform Can
be issued against an inferior court also
Cannot be issued against a private individual or body. To enforce departmental instruction that
does not possess statutory force; when the duty is discretionary; to enforce a contractual
obligation; against President of governor; against CJI of a high court acting in judicial capacity
Prohibition
It means ‘to forbid’
Issued by a higher court to a lower court To
prevent exceeding jurisdiction
Only against judicial and quasi-judicial bodies
Not available against administrative authorities, legislative bodies and private individuals or
bodies
Certiorari
Much like above but it is curative as well Available
against administrative authorities as well Quo-
Warranto
To adjudicate the legality of a claim of a person to public office
It can be issued against public office of substantive character
Cannot be issued against ministerial or private office
Any interested person can seek the application of this

Directive Principles of the State Policy (DPSP)

Meaning
The Directive Principles of State Policy (DPSP) has been taken from the Irish constitution and
enumerated in Part IV of the Indian Constitution.
The concept behind the DPSP is to create a ‘Welfare State’. In other words, the motive behind
the inclusion of DPSP is not establishing political democracy rather, it’s about establishing
social and economic democracy in the state. These are some basic principles or instructions or
guidelines for the government while formulating laws/policies of the country and in executing
them.
According to Dr B R Ambedkar, these principles are ‘novel features’ of the Constitution. DPSP
acts as a guideline for the state and should be taken into consideration while coming up with
some new policy or any law. But no one can compel the State to consider and follow all that
which is mentioned in DPSP, as DPSP is not justiciable.
Part 4 of the Indian Constitution consists of all the DPSP (Directive Principles of State Policy). It
covers the Articles from 36 to 51.
Article 36 of Part IV defines the term “State” as the one, who has to keep in mind all the DPSP
before formulating any policy or law for the country. The definition of “State” in the part IV
will be the same as that of Part III, unless the context otherwise requires a change in it. In
Article 37 the nature of DPSP has been defined. DPSPs are non-justiciable. Article 38 to 51
contains all the different DPSP’s.
History
The source of the concept of DPSP is the Spanish Constitution from which it came in the Irish
Constitution. The makers of the Indian Constitution were very much influenced by the Irish
nationalist movement and borrowed this concept of DPSP from the Irish Constitution in 1937.
The Government of India Act also had some instructions related to this concept which became
an important source of DPSP at that time. The Directive Principles of the Constitution of India
have been greatly influenced by the Directive Principles of Social Policy. The Indians who
were fighting for the independence of India from the British rule were greatly influenced by the
movements and independence struggles of Ireland at that time, to free themselves from the
British rule and move towards the development of their constitution. DPSP become an
inspiration for independent India’s government to tackle social, economic and various other
challenges across a diverse nation like India. DPSP and fundamental rights have a common
origin. The Nehru Report of 1928 contained the Swaraj Constitution of India which
contained11 some of the fundamental rights and some other rights such as the right to education
which were not enforceable at that time. Sapru Report of 1945 divided fundamental rights into
justifiable and non-justifiable rights.

Justifiable rights, the one which was enforceable in a court of law and included in Part III of
the Constitution. On the other hand, non-justifiable rights were listed as directive principles,
which are just there to guide the state to work on the lines for making India a welfare state.
They were included in part IV of the Constitution of India as Directive Principles of State
Policy.
The Constituent Assembly was given the task of making a constitution for India. The assembly
composed of elected representatives and Dr. Rajendra Prasad was elected as its President. Both
the Fundamental Rights and the DPSP were enlisted in all the drafts of the constitution (I, II
and III) prepared by the Drafting Committee whose chairman was Dr. B.R. Ambedkar.
Sources
The DPSP of the Indian Constitution was inspired by the Irish Constitution which took these
details from Spain. Some Instruments of Instructions, which also became the immediate source
of DPSP, have been taken from the Government of India Act, 1935. Another source was the
Sapru Report, 1945 which gave us both Fundamental Rights (justiciable) and DPSP(s) (non-
justiciable).

Reflection of Preamble
The Preamble is a brief introduction to the constitution and it contains all the objectives which were
there in the mind of the drafters of the Indian Constitution.
According to some scholars, DPSP is ‘the kernel of the Indian Constitution’.
The Directive Principles of the State Policy (DPSP) are the guidelines for the state which it
must consider while formulating new laws and policies and it lay down all the objectives which
the Constitution seeks to achieve.
The expression “Justice – Social, economic and political” that is mentioned in the preamble is
the ultimate aim that has to be achieved through the formulation of the DPSP. DPSP are enlisted
to attain this ultimate aim as mentioned in the preamble i.e. Justice, Liberty, Equality and
fraternity are also known as the four pillars of the Indian Constitution. It also enlists the idea of
the welfare state which was absent under the colonial rule.
Features
DPSP are not enforceable in a court of law.
They were made non-justifiable considering that the State may not have enough resources to
implement all of them or it may even come up with some better and progressive laws. It consists
of all the ideals which the State should follow and keep in mind while formulating policies and
enacting laws for the country. The DPSPs are like a collection of instructions and directions,
which were issued under the Government of India Act, 1935, to the Governors of the colonies
of India. It constitutes a very comprehensive economic, social and political guidelines or
principles and tips for a modern democratic State that aimed towards inculcating the ideals of
justice, liberty, equality and fraternity as given in the preamble. The Preamble consists of all
the objectives that needs to be achieved through the Constitution.
12
Adding DPSP was all about creating a “welfare state” which works for the individuals of the
country which was absent during the colonial era.
Article 36 contains the definition of State.
Unless the context otherwise requires, the definition of “the State” is the same as it is given in
Part III which covers Fundamental Rights. The definition given in Article 12 shall apply in this
part as well which says that the State includes:
The Government of India, The Parliament of India, The Government of each of the States , The
Legislature of each of the States, and all the authorities whether local or any other which are
the part of Indian territory or under the control of the government.
Article 37
Article 37 mentions the two important characteristics of DPSP, and they are:
It is not enforceable in any court of Law.
And they are very basic and essential for the governance of the country. The provisions
mentioned in this part shall not be enforceable in any court and the principles laid down in this
part are fundamental for the governance of the country. The State must make laws according
to it because the ultimate aim of the State is the welfare of its citizens.
Socialist principles
These principles follow the ideology of “Socialism” and lay down the framework of India.
Its ultimate aim is to provide social and economic justice to all its citizens so that the state can
fulfil the criteria required for a welfare state.
The articles in DPSP which follows the socialist principles are – Article 38, Article 39, Article
39 A, Article 41, Article 42, Article 43, Article 43 A and Article 47.
Article 38
Article 38 talks about Social, Political and Economic Justice.
It directs that the State should secure a social order which provides social, political and
economic justice to all its citizens.
Article 38(2) says that state shall reduce the inequalities faced by the people on the grounds
like income, status, facilities, opportunities, etc.
Article 39
Article 39 mentions all the Principles of policy which must be followed by the State. The State
shall make its policies towards securing the following objectives—
All the men, women and citizens should have the right to an adequate means of livelihood. The
ownership and control of the people over any material resources under the community should
be distributed as it is for the common good of the public; The functioning of the economic
system should be such that the concentration of wealth and the means of production don’t result
in a loss.
common to all or which causes detriment to the citizens; There shall be no gender
discrimination, both men and women should get equal pay for equal work. The health and
strength possessed by any worker, men and women, and the tender age of children should
not be abused and the citizens should not be forced to enter and indulge into
any occupation or profession which is not suitable for their age or strength, not even out of any
financial necessity or economic backwardness
Children must be given enough opportunities and facilities so that they develop in a healthy
manner and in such conditions where their freedom and dignity, including the fact that their
childhood and youth remain protected, against any form of exploitation and against any sort of
moral and material abandonment.
Article 39A
Article 39A talks about Free Legal aid.
It says that the State shall promote justice with the aim of administering Justice on the basis of
equal opportunity, and shall provide free legal aid through any suitable legislation or schemes
which State may think fit ,or, in any other way, so that it could ensure that the opportunities for
securing justice are not denied to any citizen because of economic backwardness or any other
kind of disabilities.
Article 41
Article 41 talks about Welfare Government.
It says that state shall make some effective provisions for securing the right to work, etc. and
in cases of unemployment, old age, disablement or any other cases acting in its economic
capacity & development it shall provide public assistance. This article is employed as a tenet
for numerous social sector schemes like social assistance program, right to food security, old-
age pension scheme, MGNREGA, etc.
Article 42
Article 42 talks about Securing just and humane work and maternity relief.
It says that state shall create some provisions so that the citizens get easy, just and humane
conditions for working. It shall also provide maternity relief for the women.
Article 43
Article 43 talks about Fair wages and a decent standard of life.
It says that the state can endeavor to secure by appropriate legislation or economic organization
to all the workers employed in agricultural, industrial or otherwise, work, a living wage,
conditions of work, ensuring a decent standard of life and enjoyment of leisure and social-
cultural opportunities and promote cottage industries on an individual or cooperative basis in
rural and remote areas of the country.
Article 47
Article 47 talks about Nutrition, Standard of living and public health.
It says that the State shall look into the matter of raising the level of nutrition and the standard of
living of its people and it is the duty of the State to keep a check on the improvement of public
health. The State shall also endeavor to prohibit the consumption of intoxicating drinks and drugs
which are injurious for health, except for medicinal purposes. There are many social development
programmes such as National Health Mission, Mid Day Meal Scheme, etc. which target the
marginalized sections of the society i.e. women, children, weaker sections etc. are inspired by
this DPSP.
Panchayats
Gandhian Principles
These principles reflect the programme of reconstruction ideology propagated by Gandhi
throughout the national movement. In order to fulfil his dreams, some of his concepts have been
included in the form of DPSP.
They direct the State through these articles – Article 40, Article 43, Article 43 B, Article 46,
Article 47 and Article 48.
Article 40
Article 40 deals with the Organization of Panchayats.
It says that the state shall organize Panchayat system and should grant them such powers which
would be necessary for the functioning as units of the self-government system. The 73rd and
74th amendments of the constitution which are related to Panchayati Raj and Municipal
Corporations respectively, later ended up as the constitutionally backed framework for the
principle mentioned in Part IV.
Article 43
Article 43 talks about Fair wages and a decent standard of life.
It says that the state can endeavor to secure, by appropriate legislation or economic
organization, to all the workers employed in agricultural, industrial or otherwise, work, a living
wage, conditions of work, a decent standard of life and enjoyment of leisure & social-cultural
opportunities and promote cottage industries on an individual or cooperative basis in rural and
remote areas of the country.
Article 43B
Article 43B deals with the promotion of cooperatives.
It was inserted by the 97th amendment act in 2011. It says that state shall endeavor to promote
the management of the co-operative societies to help the people who are engaged in the same.
Article 46
Article 46 deals with the Protection of SCs, STs, weaker sections from exploitation.
The State shall promote with special care including the educational and economic interests of
the weaker sections of the society i.e. the SCs and the STs and shall make provisions to protect
them from all forms of exploitation which includes social injustice.
Article 47
Article 47 talks about Nutrition, Standard of living and public health.
It says that the State shall look into the matter of raising the level of nutrition and the standard
of living of its people and it is the duty of the State to keep a check on the improvement of
public health. The State shall endeavor to prohibit the consumption of intoxicating drinks and
drugs which are injurious to health except for medicinal purposes. There are many social
development programmes such as National Health Mission, Mid Day Meal Scheme, etc. which
target the marginalized sections of the society i.e women, children, weaker sections etc. are
inspired by this DPSP.
Article 48
Article 48 talks about Scientific agriculture and animal husbandry.
It says that the State shall endeavor to organize agriculture and animal husbandry using modern
methods and scientific techniques which make people more advanced and helps in earning their
livelihood easily and State shall take some progressive steps for preserving and improving the
existing breeds and prohibiting the slaughter of cows and other cattle.
uniform civil code
Liberal-intellectual Principles
These principles follow the ‘Liberalism’ ideology.
The articles which follow this approach in DPSP are – Article 44, Article 45, Article 48, Article
48 A, Article 49, Article 50 and Article 51.
Article 44
Article 44 talks about the Uniform Civil Code.
There should be a provision for the citizens to secure a Uniform Civil Code throughout the
territory of India in order to simplify things and reduce ambiguity in the laws which makes it
more complex than it actually is.
Education-Article 45
Article 45 contains the Provision for free and compulsory education for the children in the
country.
The State shall make laws to provide free and compulsory education for the children until they
are 14 years old within a period of 10 years from the date of commencement of this provision
in the Constitution. This provision was incorporated by the virtue of the 86th Amendment, 2002
in the Constitution of India.
Article 48
Article 48 talks about Organisation of agriculture and animal husbandry.
The State shall endeavour to organise agriculture and animal husbandry using modern and
scientific technology which is prevalent in the present times and also take steps for preserving
and improving the existing breeds and prohibiting the slaughter of cows and other cattle in the
country for the development of agricultural related practices.
Article 48A
Article 48A talks about the Environment and Wildlife Protection.
The State shall endeavour to protect and improve the environment and surroundings. And to
safeguard the forests and wildlife of the country to make the environment sustainable.
Article 49
Article 49 talks about Protection of monuments and places and objects of national importance.
It shall be the duty of the State to protect every monument or place or any object of historic or
artistic interest which has some national importance, from any form of disfigurement,
destruction, etc.
Article 50
Article 50 talks about Separation of Judiciary from the Executive.
There should be a line between the judiciary and the executive body of the Government in the
public services of the State as it makes it easier if both do not interfere in each other’s work
and function independently.
Article 51
Article 51 talks about Promotion of international peace and security. The State shall endeavour
to —
Promote international peace and security; maintain friendly and honourable relations between
nations; foster respect for international law and treaty obligations in the dealings of one person
with another for maintaining harmony between the nations and encourage settlement of
international disputes by the method of arbitration.
42nd Amendment
Four Directive Principles which were added by the 42nd amendment are as follows: Article 39
– To secure opportunities for healthy development of children.
Article 39A – It says that the State shall promote justice with the aim of administering it on the
basis of equal opportunity, and shall provide free legal aid through any suitable legislation or
the schemes which State may think fit or in any other way so that State can ensure that
opportunities for securing justice are not denied to any citizen because of any economic or other
disabilities.
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.
Article 48A – The State shall endeavour to protect and improve the environment and
surroundings and to safeguard the forests and wildlife of the country to make its environment
liveable.
The 44th Amendment Act of 1978 added Article 38(2) in the DPSP.
Article 38(2) says that the state shall work to minimize the inequalities in income, and
endeavour to eliminate inequalities in status, opportunities etc. not only amongst individuals
but also amongst all the groups of people residing in different areas or engaged in different
fields.
86th Amendment
The 86th Amendment changed the subject of Article 45 in the DPSP and brought it within the
ambit of the fundamental rights mentioned in Part III as Article 21-A has been made for the
children between the age group of 6-14 years of age. The same article was previously a directive
principle which says that the State should take care of the children who are below 6 years of
age.
97th Amendment

The 97th Amendment act of 2011 inserted Article 43-B in the list of DPSP. It says that the State
shall endeavor to promote voluntary formation, autonomous functioning, democratic control
and professional management of the co-operative societies.
Enforceability of DPSP
DPSP were not made enforceable by the Constituent Assembly which was formed to draft the
Indian Constitution. But the non-enforceability of the principles does not mean that they are of
no importance.
There are some arguments which are in favor of its enforceability and some are against the
making of DPSP enforceable. Those who favor the enforcement of the principles argue that
enforceability of DPSPs will keep a check on the Government and would unite India. For
instance, Article 44 of the Indian Constitution talks about the Uniform Civil Code which aims
for uniform provisions of civil law for all the citizens of the country irrespective of their caste,
creed, religion or beliefs.
People who are against the enforcement of the DPSPs are of the view that these principles need
not be separately enforced as there are already many laws which indirectly implements the
provisions mentioned in DPSP. For instance, Article 40 of the Constitution which deals with
Panchayati Raj system was introduced through a constitutional amendment, and it is very
evident that there are numerous panchayats exist in the country today.
Another argument against DPSP is that it imposes morals and values on the citizens of the
country. It should not be clubbed with the law as it is really important to grasp that law and
morals area unit various things. If we impose one on the opposite that will generally impede
the expansion and development of the society.
Importance of DPSP
DPSP covers the Articles 36-51 in Part IV of the constitution.
It mentions protection of women of the country, environmental conservation, rural growth and
development, decentralisation of power, uniform civil code, etc. which are considered some of
the essentials in making laws for a “welfare state”.
Although non-justiciable, they provide a set of guidelines for the Government for its
functioning in the country.
Significance of DPSP
Directive Principles are non-justiciable but these are backed by voice of the people which is
the real sanction behind every law in reality. DPSP gives the philosophical foundations of a
welfare system. These principles make it a responsibility of the State to secure it through
welfare legislation.
Their nature is more of moral ideals. They constitute a moral code for the State but this does
not reduce their value as moral principles are very important and the absence of it may hamper
the growth of a society. A state is run by its people and the Government is always formed and
managed by them, so it’s really important to have a set of standards for making laws in the
country.
Directive Principles act as a guide for the government which helps them in making policies and
laws for the purpose of securing justice and welfare in the State. DPSP are like a source of
continuity in the Governance of the country because in a democratic system, the Governments
change after regular elections and every new government makes different policies and laws for18
the country. The presence of such guidelines is really important because it ensures that every
Government will follow the set of principles in the form of DPSP while formulating its laws.
Directive Principles can be called as the positive directions for the State which helps in securing
social and economical dimensions of democracy. DPSP are supplementary to Fundamental
Rights which offers political rights and other freedoms. They both are nothing without each
other as one provides social and economic democracy and the other, political rights.
Directive Principles of State Policy make it possible for people to measure the worth of a
government and its working. A Government which doesn’t consider these principles can be
rejected on this ground by the people in favour of a government which gives due importance to
the task of securing these Directive Principles in the state.
The Directive Principles constitute a manifesto of a Nation. These reflect the ideas and views
which were there in the mind of the drafters while drafting the constitution. These reflected the
philosophy behind the making of the Constitution and hence provide useful information to the
courts in interpreting the existing provisions in the Constitution and in coming up with better
laws and policies.
The Directive Principles do not seem to be very rigid in their meanings and this helps the State
in interpreting and applying these principles in accordance with the situation prevailing at a
given time. Thus, the inclusion of Part IV which contains the Directive Principles of State
Policy proved to be very useful for the country. The Directive Principles provide good
foundations for welfare state. The securing of Directive Principles helped in completing the
requirements of a democratic system. It supplemented the Fundamental Rights of the people
and built a State characterized by these four pillars – Justice, Liberty, Equality, and Fraternity.
Implementation of Directive Principles of State Policy
There are some acts and policies from 1950 onwards which had been implemented to give
effect to these Directive Principles. They are as follows:
The Minimum Wages Act (1948)
Child Labour Prohibition and Regulation Act (1986) The Maternity Benefit Act (1961) Equal
Remuneration Act (1976)
Handloom Board, Handicrafts Board, Coir Board, Silk Board, etc. have been set up for the
development of cottage industries in the country.
Integrated Rural Development Programme (1978) Jawahar Rozgar Yojana (1989)
Swarnajayanti Gram Swarozgar Yojana (1999) Sampoorna Gram Rozgar Yojana (2001)
Mahatma Gandhi National Rural Employment Guarantee Programmes (2006) The National Forest
Policy (1988)
Article 21-A was inserted by the 86th amendment, making free education for children below the
age of 14 compulsory.
Prevention of Atrocities Act safeguarding the interests of SCs and STs. Several Land Reform Acts.

History of Conflict between FR and DPSP

The Sapru Committee in 1945 suggested two categories of individual rights. One being justiciable
and the other being non-justiciable rights. The justiciable rights, as we know, are the Fundamental
rights, whereas the non-justiciable ones are the Directive Principles of State Policy.

When there is a conflict between Fundamental Rights and DPSPs, which should prevail?
Ans: DPSPs are not enforceable by law, but just directives to the state. But when the state tries to
implement a DPSP, there can be a conflict between the Fundamental Rights of citizens and DPSP.

In that sense, the conflict between the Fundamental Rights and Directive Principles of State Policy
(DPSP) can also be seen as the conflict between the individual and the state. The conflict
between FR and DPSP arises primarily because of justiciability of one and the lack of the same.
The Supreme Court’s jurisprudence has developed in the following ways:

Champakam Dorairajan case (famously known as State of Madras v. Champakam Dorairajan

case, 1951): Fundamental Rights would prevail over the DPSP in case of conflict between the two.
However, legislature can amend FR to give effect to DPSP.

Parliament Reaction: The parliament responded by amending and modifying various FRs which
were coming in conflict with DPSPs.

Golaknath case (famously known as Golaknath v. State of Punjab, 1967): Judgement: FR are
inviolable in nature and cannot be amended for implementation of DPSP

Parliament Reaction: The parliament responded again by bringing the 25th Amendment Act of the
constitution which inserted Article 31C in Part III. Article 31 C contained two provisions:

A. If a law is made to give effect to DPSPs in Article 39(b) and Article 39(c) and in the process,
the law violates Article 14, Article 19 or Article 31, then the law should not be declared as
unconstitutional and void merely on this ground.

B. Any such law which contains the declaration that it is to give effect to DPSPs in Article 39(b)
and Article(c) shall not be questioned in a court of law.

Keshavanda Bharati case (famously known as Kesavananda Bharati vs. State of Kerala, 1973):
Article 31C providing blanket immunity for those laws giving effect to DPSP was deemed null
and void.

Court Verdict: Parliament can amend any part of Constitution, but could not destroy Basic
Structure of the Constitution. The second clause of Article 31C was as declared as unconstitutional
and void as it was against the Basic Structure of the Constitution propounded in this case itself.
However, the SC upheld the first provision of Article 31C. The court also held that the power of
Judicial review cannot be taken out by Parliament.

Parliament Reaction: Parliament brought the 42nd Amendment Act in 1976, which extended the
scope of the above first provision of Article 31C by including within its purview any law to
implement any of the DPSPs specified in Part IV of the constitutional and not merely Article 39
(b) or (c).
Minerva Mills case (famously known as Minerva Mills v. Union of India, 1980): Constitution is
founded on the bedrock of balance between FR and DPSP. The extension to all DPSPs was
declared as unconstitutional and void by the SC in the Minerva Mills Case(1980).

The present position is that FR enjoys supremacy over the DPSP. Yet, this does not mean that
DPSP cannot be implemented

Concept of Basic Structure

The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign
state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised
in India

Doctrine of Basic Structure’ was propounded by the Indian Judiciary on 24th April 1973 in
Keshavananda Bharati case to put a limitation on the amending powers of the Parliament so that
the ‘basic structure of the basic law of the land’ cannot be amended in exercise of its ‘constituent
power’ under the Constitution.

Summary of Conflict between Fundamental Rights and DPSP

A member in the constituent assembly moved an amendment which sought to make the directive
principles justifiable. However, this move was turned down on the fact that, there was no use in
being carried out away by the sentiments. A court cannot enforce the directive principles and it is
the strength of the public opinion which makes these provisions enforceable, because there are
elections every five year and the public, if the DPSPs are not implemented can show the door to
the government.

It was a view of Jawahar Lal Nehru that where there was a conflict between the Fundamental
Rights and Directive Principles the DPSP should prevail. However, where we look into the Judicial
‘nature’ of the above two, we see that Supreme Court should upheld the Fundamental Rights
because they are guaranteed by the Constitution and justifiable. But the solution provided by the
Supreme Court may be “Judicial” but not “practical” in all cases. It is the parliament which can
reach beyond the “Judicial” solution.

When a social conflict arises out of the conflicts of the Fundamental Rights and DPSP, the state
should emerge as a “Torch bearer” because ultimately it is the superiority of the “Social Interest”
over the “individual interest’. However, it is the duty of the Court to resolve a conflict with an eye
on the constitution and another on the social harmony.

After the Minerva Mills Case, The supreme court to the view that there is no conflict between the
Fundamental Rights and the DPSP and they were complimentary of each other. There was no need
to sacrifice one for the sake of the other. If there is a conflict it should be avoided as far as possible.
Conclusion

The significance of DPSPs cannot be looked down upon just because it is not enforceable in any
court of law. These principles were added to facilitate the governance and smooth functioning of
the country. It was added to meet the main objectives and the ultimate goal of a country i.e to work
for the welfare of its citizens. There are some important Acts in the above-mentioned information,
so we can’t say that DPSPs are not implemented and have no importance at all.

It is like a structure given for the government and it should work and formulate new laws revolving
around that structure only so that the welfare of the people be ensured. Every policy and law
formulated by the state has to meet the standards which are mentioned in Part IV of the
Constitution.

Thus, even after being non-justiciable they are implemented in some important Acts and they hold
equal relevance and importance as Fundamental rights mentioned in Part III of the Constitution of
India.