Constitution of India
Presenting by
Rajkumar M
Junior Research Fellow
FUNDAMENTAL RIGHTS
The primary objective of Fundamental Rights is to establish
Political Democracy in India. Ensuring that
the government remains accountable, inclusive, and
fair.
Fundamental Rights
• The Fundamental Rights of Indian citizens are enshrined in Part III
(Articles 12-35) of the Indian Constitution. These rights ensure
individual freedoms, equality, and protection from discrimination.
They are enforceable by the Supreme Court and High Courts under
Article 32 and Article 226 respectively.
• Influenced by various sources, including the Magna Carta (1215), the
Bill of Rights (1689, England), the U.S. Bill of Rights (1791), and
other democratic traditions.
• Adopted from USA..
• Fundamental Rights
Article 12
Article 12 clarifies that Fundamental Rights can be enforced against the
"State" and defines what entities are included in the term State.
The State includes:
1.Government and Parliament of India – The Union Government (Executive
& Legislature).
2.Government and Legislature of each State – The State Governments
(Executive & Legislature).
3.Local Authorities – Municipalities, Panchayats, District Boards, etc.
4.Other Authorities – Any entity performing governmental functions, such
as:
1. Public sector undertakings (e.g., LIC, ONGC)
2. Statutory bodies (e.g., Election Commission, UGC)
3. Government-controlled institutions
Article 13 • Fundamental Rights
Article 13 of the Indian Constitution safeguards Fundamental
Rights by ensuring that laws inconsistent with or in derogation of
Fundamental Rights are declared void.
• This was upheld in Kesavananda Bharati v. State of Kerala (1973),
but the "Basic Structure Doctrine" was introduced to limit
amendments that destroy fundamental principles of the Constitution.
• Doctrine of Judicial Review
• Article 13 empowers courts (Supreme Court & High Courts) to
review and strike down laws that violate Fundamental Rights.
• This makes Judicial Review an essential feature of the Constitution.
List of Fundamental Rights • Fundamental Rights
1. Right to Equality (Articles 14-18)
2. Right to Freedom (Articles 19-22)
3. Right Against Exploitation (Articles 23-24)
4. Right to Freedom of Religion (Articles 25-28)
5. Educational and Cultural Rights
6. Right to Constitutional Remedies (Article 32)
• Fundamental Rights
1. Right to Equality (Articles 14-18)
Article 14: Equality before the law and equal protection of laws.
Article 15: Prohibition of discrimination based on religion, race, caste,
sex, or place of birth.
Article 16: Equal opportunity in public employment.
Article 17: Abolition of untouchability.
Article 18: Abolition of titles (except military or academic
distinctions).
• Fundamental Rights
2. Right to Freedom (Articles 19-22)
• Article 19: Six freedoms (speech and expression, assembly,
association, movement, residence, and profession).
• Article 20: Protection from conviction for offenses (no retroactive
punishment, double jeopardy, or self-incrimination).
• Article 21: Right to life and personal liberty.
• Article 21A: Right to free and compulsory education (for children
aged 6-14 years).
• Article 22: Protection against arbitrary arrest and detention.
• Fundamental Rights
Article 21A
Unni Krishnan v. State of Andhra Pradesh (1993) – The Supreme Court ruled that Right to Education is a
Fundamental Right under Article 21 (Right to Life) for children up to 14 years.
• 86th Constitutional Amendment Act (2002) – Made the Right to Education a Fundamental Right under
Article 21A, ensuring free and compulsory education for children aged 6-14 years.
• Right to Education (RTE) Act, 2009 – Ensures free and compulsory education for children aged 6-14
years in India and mandates 25% reservation for disadvantaged children in private schools.
• Article 21A is India’s legal commitment to fulfilling the UDHR’s vision of the right to education.
• December 10 is observed as Human Rights Day worldwide to commemorate the adoption of the Universal
Declaration of Human Rights (UDHR) on December 10, 1948 by the United Nations General
• Fundamental Rights
3. Right Against Exploitation (Articles 23-24)
Article 23: Prohibition of human trafficking and
forced labour.
Article 24: Prohibition of child labour in
hazardous jobs (below 14 years).
• Fundamental Rights
4. Right to Freedom of Religion (Articles 25-28)
Article 25: Freedom of conscience, profession, practice, and propagation of
religion.
Article 26: Freedom to manage religious affairs.
Article 27: No taxation for promoting any religion.
Article 28: Freedom from religious instruction in government educational
institutions.
5. Cultural and Educational Rights (Articles 29-30)
Article 29: Protection of the interests of minorities.
2Article 30: Right of minorities to establish and
administer educational institutions.
Article 31
• Right to Property ( Repealed)- Morarji Desai-Janata Government
• 44th Constitutional Amendment Act ( CAA)- 1978
• Right to Property was removed as a Fundamental Right and moved to Article 300A as a
legal right.
• Now, the government can acquire property for public purposes, but citizens cannot challenge
it as a Fundamental Right.
• First Amendment (1951): Added Article 31A & 31B to protect land reform laws from being
challenged.
• Fourth Amendment (1955): Limited judicial review of property compensation disputes.
• Twenty-Fifth Amendment (1971): Replaced "compensation" with "amount fixed by law,"
reducing court interference.
• Fundamental Rights
6. Right to Constitutional Remedies (Article 32)
Citizens can approach the Supreme Court or High Courts for enforcement of Fundamental Rights.
Dr. B.R. Ambedkar, the chief architect of the Indian Constitution, regarded Article 32 as the "heart and soul" of the Constitution because
it guarantees the enforcement of Fundamental Rights.
The courts can issue writs like Habeas Corpus, Mandamus, Prohibition, Certiorari, and Quo Warranto.
Habeas Corpus: It is a writ (legal order) issued by a court to produce a person who has been detained unlawfully within 24 hours.
Mandamus: Directs a public official, authority, or government to perform a legal duty they have failed to do.
Prohibition – Stops a lower court or tribunal from exceeding its jurisdiction in a pending case.
Certiorari – Quashes an order or decision of a lower court or tribunal if it acted beyond its jurisdiction.
Quo Warranto – Challenges the legality of a person’s claim to a public office.
DIRECTIVE PRINCIPLES OF STATE POLICY
DPSPs aim to establish Social and
Economic Democracy, making India a true
Welfare State.
DIRECTIVE PRINCIPLES OF STATE POLICY
IV Part of the Constitution
Inspired by the Irish (Ireland) Constitution
Non-Justiciable but Fundamental for Governance – Unlike
Fundamental Rights, DPSPs cannot be enforced by courts, but they
serve as guiding principles for lawmakers.
42nd Amendment (1976) Strengthened DPSPs – The amendment
added
Article 39A (Equal Justice & Free Legal Aid),
Article 43A (Workers’ Participation in Industries), and
Article 48A (Environmental Protection), reinforcing social justice.
Directive Principles of State Policy
1. Socialistic Principles (Aim: Socio-Economic Justice & Welfare State)
These principles direct the state to reduce inequality and ensure equal opportunities for all.
Article Provision
Article 38 Promote welfare state and reduce inequalities in income and status.
Ensure right to adequate livelihood, equal pay for equal work, distribution of
Article 39
wealth, and protection of children.
Article 39A Provide equal justice and free legal aid to economically weaker sections.
Ensure right to work, education, and public assistance in case of unemployment or
Article 41
disability.
Article 42 Provide maternity relief and improve working conditions.
Article 43 Secure living wages and decent working conditions for all workers.
Article 43A Encourage workers’ participation in industrial management.
Article 47 Improve nutrition and public health, and prohibit intoxicating drinks and drugs.
Directive Principles of State Policy
2. Gandhian Principles (Aim: Rural Development & Self-Sufficiency)
These principles reflect Mahatma Gandhi’s vision of village self-rule, social justice, and ethical governance.
Article Provision
Article 40 Establish village panchayats and promote decentralized governance.
Article 43 Promote cottage industries in rural areas.
Article 43B Encourage cooperative societies for economic growth.
Promote education and economic interests of SCs, STs, and weaker
Article 46
sections.
Article 47 Prohibit alcohol consumption to improve public health.
Promote scientific methods in agriculture and animal husbandry,
Article 48
and protect cows and cattle.
Directive Principles of State Policy
Liberal-Intellectual Principles (Aim: Progressive & International Policies)
These principles focus on modern governance, environmental protection, and international
peace.
Article Provision
Article 44 Implement Uniform Civil Code (UCC) for all citizens.
Provide early childhood care and education for children under 6
Article 45
years.
Article 48 Promote scientific agriculture and animal husbandry.
Article 48A Protect and improve the environment and wildlife.
Article 49 Protect monuments and historical sites of national importance.
Article 50 Separate judiciary from executive for judicial independence.
Promote international peace, respect for international law, and
Article 51
friendly relations with other countries.
Fundamental Duties in the Indian Constitution
• Fundamental Duties are moral obligations of Indian citizens that
serve as a reminder of their responsibilities towards the nation.
• These duties were added to the Indian Constitution by the 42nd
Constitutional Amendment Act of 1976, based on the
recommendations of the Swaran Singh Committee.
• They are inspired by the Soviet Constitution (USSR) and are
enshrined in Part IV-A (Article 51A) of the Indian Constitution.
• As per Article 51A, Indian citizens have 11 Fundamental Duties:
Fundamental Duties (Article 51A )
a. Respect the Constitution, National Flag, and National Anthem.
b. Cherish and follow the noble ideals of the freedom struggle.
c. Uphold and protect the sovereignty, unity, and integrity of India.
d. Defend the country and render national service when required.
e. Promote harmony and spirit of common brotherhood among all Indians,
transcending religious, linguistic, and regional differences.
f. Value and preserve the rich heritage of India's composite culture.
g. Protect and improve the natural environment, including forests, lakes, rivers,
and wildlife, and show compassion for living creatures.
h. Develop a scientific temper, humanism, and the spirit of inquiry and reform.
i. Safeguard public property and abjure violence.
j. Strive towards excellence in all spheres of individual and collective activity to
make the nation progress.
k. Added by 86th Amendment Act, 2002) – Provide opportunities for education
to children between 6-14 years.
