The Fundamental Rights in Indian Constitution are more detailed than those found in

the Constitution of any other country in the world.

Fundamental Rights are guaranteed by the Constitution without any discrimination

against all persons. These are intended for promoting the idea of political democracy.

They protect the freedoms and liberties of the people against invasion by the State
authority.

Originally, the Indian Constitution provided 7 Fundamental Rights which have now
been revised to 6 Fundamental Rights which are as follows-:

1. Right to equality (Articles 14–18)

2. Right to freedom (Articles 19–22)
3. Right against exploitation (Articles 23–24)
4. Right to freedom of religion (Articles 25–28)
5. Cultural and educational rights (Articles 29-30)
6. Right to constitutional remedies (Article 32-35)

Fundamental
Articles
Rights

(a) Article 14 - Equal protection of laws and Equality before law.

(b) Article 15 - Prohibition of discrimination on grounds of religion, caste, sex, place of bi

1. Right to equality (c) Article 16 - Equality of opportunity in terms of public employment.

(d) Article 17 - Abolition of untouchability and prohibition of its practice.

(e) Article 18 - Abolition of titles except military and academic.

(a) Article 19 - Protection of six rights regarding freedom of:

(i) speech and expression,

(ii) assembly,

2. Right to freedom (iii) association,

(iv) movement,

(v) residence, and

(vi) profession
 (b) Article 20 - Protection in a conviction for offences.

(c) Article 21 - Protection of life and personal liberty.

(d)Article 21A - Right to elementary education.

(e) Article 22 - Protection against arrest and detention in certain cases.

(a) Article 23 - Prohibition of traffic in forced labour and human beings.

3. Right against
exploitation (b) Article 24 - Prohibition of employment of children in Companies and factories, etc.

(a) Article 25 - Freedom of conscience and free profession, practice and propagation of r

(b) Article 26 - Freedom to manage religious affairs.

4. Right to freedom
of religion (c) Article 27 - Freedom from payment of taxes for promotion of any religion or religious

(d) Article 28 - Freedom from attending religious instruction or worship in certain educatio

(a) Article 29 - Protection of language, script and culture of minorities.

5. Cultural and
educational rights (b) Article 30 - Rights of minorities to establish and administer educational institutions.

(a) Article 32 - Right to move the Supreme Court for the enforcement of fundamental righ
writs of

1. Habeas corpus,
2. Mandamus,
3. Prohibition,
4. Certiorari,
6. Right to 5. Quo Warranto
constitutional
remedies (b) Article 33 - Provides the Parliament with the authority to limit or abolish the fundam
“Members of the Armed Forces, paramilitary forces, police forces, intelligence agencies,
forces”.

(c) Article 34 - Provides for the restrictions on fundamental rights while martial law(mi
force.

(d) Article 35 - Empowers the Parliament to make laws on Fundamental Rights.

Part in the Constitution in which they are
mentioned
Fundamental Rights are mentioned in Part III of the Constitution while
Directive Principles of State Policy are mentioned in Part IV of the
Constitution. Articles 12-35 refer to Fundamental Rights while Article 36-
51 refers to Directive Principles of State Policy.

2. Nature
Fundamental Rights in its essence are negative in nature simply because
they prohibit the State from taking any action which may violate the
Fundamental Rights of the citizen. They are referred to as ‘negative’
because a claim made by an individual imposes a negative duty on all other
people. For example: If the Right to Privacy is claimed by an individual, then
it imposes a whole set of negative duties on all other individuals to not
breach it.

Unlike Fundamental Rights, Directive Principles of State Policy are positive in

nature as it requires the State to do certain things as opposed to restricting
State. For example, under DPSPs, State has been suggested to enact a
Uniform Civil Code throughout the country. This is positive in a sense as it
allows the State to take certain actions.

3. Democracy type
Fundamental Rights ensure political democracy as they prevent the
establishment of a despotic or an authoritarian government in the country
and ensure that the liberties of people are protected from any invasion by
the State.

Directive Principles of State Policy help in maintaining social and economic

democracy as it ensures that the State shall maintain social order by
promoting economic, social and political justice throughout the country.
4. Adaption Source
The Fundamental Rights of India have been adapted from the Constitution of
the United States of America.

Directive Principles of State Policy have been highly inspired by the Irish
Constitution. The independence of Ireland from the clutch of Britain highly
motivated people to look up to the Irish Constitution for inspiration.

5. Consequences of violation
If the Fundamental Rights of an individual are violated then it is considered
to be a punishable offence because Fundamental Rights are enforceable by
law. Upon violation, legal proceedings can be initiated and punishment can
be given as per provisions mentioned under the Indian laws.

Since Directive Principles of State Policy are not enforceable by law and are
mere guidelines, their violation is not an offence and cannot be awarded
punishment for their violation.
 The Directive Principles of State Policy (DPSP) has been taken from
the Irish constitution and enumerated in Part IV of the Indian
Constitution.

• 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.

Part IV of the Indian Constitution

• 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.
List of Directive Principles of State Policy
Article What it says

36 Defines the “state”.

37 Part IV of the Indian Constitution shall not be enforceable in any court of law.

38 Social, Political and Economic Justice.

39 Principles of Policy.

39A Free Legal aid.

40 Organization of Panchayats.

41 Welfare Government.

42 Securing just and humane work and maternity relief.

43 Fair wages and a decent standard of life.

43-A Workers’ participation in management.

43-B Promotion of Cooperatives.

44 Uniform Civil Code.

45 Infant and Child Care.

46 Protection of SCs, STs and other weaker sections from exploitation.

47 Nutrition, Standard of living and public health.

48 Scientific agriculture and animal husbandry.

48-A Environment and Wildlife Protection.

 Protection of monuments and places and objects which have national
49
importance.

50 Judiciary should be separate from the Executive.

51 The state shall promote international peace and security.

Features
1. DPSP are not enforceable in a court of law.
2. 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.
3. It consists of all the ideals which the State should follow and keep in mind while
formulating policies and enacting laws for the country.
4. 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.
5. 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.
6. Adding DPSP was all about creating a “welfare state” which works for the individuals
of the country which was absent during the colonial era.