Module 2

State

Fundamental rights

Duties

Directive principles of state policy

DEFINITION OF STATE

• The organization of social life which exercises sovereign power on behalf of people

• A body of people occupying a definite territory and politically organized under one
Government

Article 12 has defined the term ‘State’.

• According to it, the State includes the following:

1. Government and Parliament of India.

2. Government and legislature of states.

3. All local authorities,

• Municipalities
• Panchayats,
• District boards,
• Improvement trusts, etc.
4. All other authorities, that is, statutory or non-statutory authorities like
• LIC,
• ONGC,
Fundamental Rights (Article 12-35)

• Part III of the Constitution is rightly described as the Magna Carta

of India.

• It contains a very long and comprehensive list of ‘justiciable’

Fundamental Rights.

• Inspired from the Constitution of USA (i.e., Bill of Rights).

• The Fundamental Rights are guaranteed by the Constitution to all

persons without any discrimination.
Nature of Fundamental Rights

• The Fundamental Rights are guaranteed by the Constitution to all

persons without any discrimination.

• They uphold the

• equality of all individuals.
• dignity of the individual.
• larger public interest.
• Unity of the nation.
• They are defended and guaranteed by the Supreme Court.

• They are ‘fundamental’ also in the sense that they are most essential
for the all-round development of the individuals.

• They can be suspended during the operation of a National

Emergency.
Classification of Fundamental Rights
Constitution of India provided for seven Fundamental Rights,

1. Right to Equality (Articles 14–18)

2. Right to Freedom (Articles 19–22)

3. Right against Exploitation (Articles 23–24)

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

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

6. Right to Property (Article 31)

7. Right to Constitutional Remedies (Article 32)

• Right to property was deleted from the list of Fundamental Rights by the
44th Amendment Act, 1978.

• It is made a legal right under Article 300-A in Part XII of the Constitution.

• So at present, there are only six Fundamental Rights.

Right to Equality (Articles 14–18)

It implies:

1. Equality before law and equal protection of laws (Article 14)

• It means absence of any special privileges in favour of any

person.
• All are equal before the law and also nobody is above the law.
• This is called “Rule of Law”

2. Prohibition of discrimination on grounds of religion, race, caste, sex or

place of birth (Article 15)

• Right to access public places, roads, use of water tanks, wells

3. Equality of opportunity in matters of public employment (Article 16):

• It means equality of opportunity for all citizens in matters of

employment or appointment to any office under the State.

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

• Untouchability is punishable under law.

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

• All the ‘titles’ are abolished.

• No citizen shall receive titles from another country
Right to Freedom (Articles 19–22)

Article 19 guarantees to all citizens the six rights:

1. Right to freedom of speech and expression.

2. Right to assemble peaceably and without arms.

3. Right to form associations or unions or co-operative

societies.
4. Right to move freely throughout the territory of India.

5. Right to reside and settle in any part of the territory of India.

6. Right to practice any profession or to carry on any

occupation, trade or business
Article 20
• Protection in respect of conviction for offences (Article 20).

• Convicted only if one has committed something against law.

• Cannot be punished twice for the same offence (double

jeopardy)

Article 21 & 21A

• Protection of life and personal liberty (Article 21).

• Right to elementary education (Article 21A)

• It implies that state shall provide free and compulsory
education to all children of the age of 6 - 14 years
Article 22

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

• Right to be informed of the ground of arrest

• Right to consult and be defended by a lawyer

• Right to be produced before a Magistrate within 24

hours of his arrest (excluding the time of journey).

• Right not to be detained for more than 24 hours

without the authority of a Magistrate
Right against Exploitation (Articles 23 to 24)
• Prohibition of traffic in human beings and forced labour (Article
23)

• Selling and buying of men, women and children like goods

• Immoral traffic in women and children, including prostitution

Devadasis and Slavery.

• Prohibition of forced labour (begar) or labour without

remuneration.
• Prohibition of employment of children under 14 years (Article 24)
• Article 24 prohibits the employment of children below the
age of 14 years in any factory, mine or other hazardous
activities like construction work or railway
Right to freedom of religion (Article 25–28)

• Freedom of conscience and free profession, practice and propagation of

religion (Article 25)

• It implies the inner freedom of an individual to declare one’s

religious beliefs and faith openly and freely.
• Freedom to manage religious affairs (Article 26)
• Freedom from payment of taxes for promotion of any religion (Article
27).
• It means that no person shall be compelled to pay any taxes for
the promotion or maintenance of any particular religion or
religious denomination

• Freedom for attending religious instruction or worship in certain

educational institutions (Article 28)
Cultural and Educational Rights (Articles 29–30)

• Protection of language, script and culture of minorities (Article 29)

• Article 29 provides that 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.

• Right of minorities to establish and administer educational institutions

(Article 30).

• All minorities, whether based on religion or language, shall have

the right to establish and administer educational institutions of
their choice.
Right to constitutional remedies (Article 32)

• The Constitution has not only given Fundamental Rights to the citizens of
India but also guaranteed them.

• On any matter relating to a Fundamental Right, a citizen may file a petition

in the High Court / Supreme Court. Such petitions are known as Writ
Petitions

• Right to move to the Supreme Court for the enforcement of fundamental

rights including the writs (writs as extraordinary remedies to uphold the
rights and liberties)
Habeas corpus:

• It is a Latin term which literally means ‘to have the body of’.
• It is an order issued by the court to a person who has detained
another person, to produce the body of the latter before it.

Mandamus :

• It literally means ‘we command’ .

• It is a command issued by the court to a public official asking him
to perform his official duties that he/she has failed or refused to
perform.
Prohibition :

• Literally, it means ‘to forbid’. It is issued by a higher court to a

lower court or tribunal to prevent the latter from exceeding its
jurisdiction that it does not possess
Certiorari:

• It means ‘to be certified’ or ‘to be informed’.

• It is issued by a higher court to a lower court or tribunal either
to transfer a case pending with the latter to itself or to quash
the order of the latter in a case.

Quo warranto:

• In the literal sense, it means ‘by what authority or warrant’.

• It is issued by the court to enquire into the legality of claim of

a person to a public office.

• It is issued to prevent illegal assumption of a office by any one

Directive Principles of State Policy
(DPSP)
Article 36-51
• The Directive Principles of State Policy are enumerated in Part IV of
the Constitution from Articles 36 to 51.

• Constitution has framed certain principles and policies for the aim
of “Welfare State”.

• It has also given certain directions to the state to serve as

guidelines.

• Such guiding principles are known as Directive Principle of State

Policy.

• Directive Principles of State Policies are also called as the

‘Instrument of Instructions’.

• These principles are for the good governance of the country.

• These principles cannot be enforced in the courts.

• Necessary duties and functions to be performed by the State

• The framers of the Constitution borrowed this idea from the Irish
Constitution of 1937, which had copied it from the Spanish
Constitution.

• Dr. B.R. Ambedkar described these principles as ‘novel features’

of the Indian Constitution.
CLASSIFICATION OF THE DPSP

3 Broad categories

1. Socialistic Principles

Article 38,39,39A,41,42,43,43A,47

2. Gandhian Principles

Article 40,43,43B,46,47,48

3. Liberal-intellectual Principles

Article 44,45,48,48A,49,50,51
Socialistic Principles

These principles reflect the ideology of socialism.

• Aims at providing social and economic justice

• To promote the welfare of the people (Article 38)

• To promote the welfare of the people by securing a social

order permeated by justice–social, economic and
political and to minimise inequalities in income, status,
facilities and opportunities
Article 39

a) The right to adequate means of livelihood for all citizens

b) The equitable distribution of material resources of the community

for the common good

c) Prevention of concentration of wealth and means of production

d) Equal pay for equal work for men and women

e) Preservation of the health and strength of workers and children

against forcible abuse

f) Opportunities for healthy development of children

• To promote equal justice and to provide free legal aid to the poor (Article
39A)

• All people should get employment, education and public assistance in the
case of unemployment (Article 41)

• To make provision for just and humane conditions of work and maternity
relief (Article 42)

• To secure a living wage , a decent standard of life and social and cultural
opportunities for all workers (Article 43).

• To raise the level of nutrition and the standard of living of people and to
improve public health (Article 47).
Gandhian Principles
These principles are based on Gandhian ideology.
• To organise village panchayats to function as units of self-government
(Article 40)
• To promote Village and cottage industries (Article 43)

• To promote voluntary formation, autonomous functioning, democratic

control and professional management of cooperative societies (Article 43B).

• To promote the educational and economic interests of SC’s, ST’s, and other
weaker sections of the society (Article 46)

• To prohibit the consumption of intoxicating drinks and drugs which are

injurious to health (Article 47)

• To prohibit the slaughter of cows, calves and other milch and draught cattle
and to improve their breeds (Article 48)
Liberal-Intellectual Principles

This principles represent the ideology of liberalism.

• Uniform Civil Code throughout the country (Article 44)

• To provide early childhood care and education for all children until
they complete the age of six years (Article 45)
• To protect and improve the environment and to safeguard forests
and wild life (Article 48 A)
• To protect monuments, places and objects of artistic or historic
interest (Article 49)
• To separate the judiciary from the executive in the public services of
the State (Article 50).
• To promote international peace and security and maintain just and
honourable relations between nations (Article 51)
NEW DPSP

• The 42nd Amendment Act of 1976 added four new Directive

Principles to the original list.

They require the State:

1. To secure opportunities for healthy development of children

(Article 39).
2. To promote equal justice and to provide free legal aid to the
poor (Article 39 A).
3. To take steps to secure the participation of workers in the
management of industries (Article 43 A).
4. To protect and improve the environment and to safeguard
forests and wild life (Article 48 A).
Fundamental Duties
(Article 51A)
• The original constitution contained only the fundamental rights and
not the fundamental duties.

• Later in 1976, the fundamental duties of citizens were added in the

Constitution.

• In 2002, one more Fundamental Duty was added.

• The Fundamental Duties in the Indian Constitution are inspired by the

Constitution of USSR.

• Swaran Singh Committee suggested the incorporation of eight

Fundamental Duties in the Constitution,

• 42nd Constitutional Amendment Act (1976) included ten

Fundamental Duties.
LIST OF FUNDAMENTAL DUTIES

• According to Article 51A, it shall be the duty of every citizen of India:

1. To abide by the Constitution and respect its ideals and
institutions, the National Flag and the National Anthem.
2. To cherish and follow the noble ideals that inspired the
national struggle for freedom.
3. To uphold and protect the sovereignty, unity and integrity of
India.
4. To defend the country and render national service when
called upon to do so.
5. To promote harmony and the spirit of common brotherhood
amongst all the people of India.
6. To value and preserve the rich heritage of the country’s
composite culture.
7. To protect and improve the natural environment including forests,
lakes, rivers and wildlife.

8. To develop scientific temper, humanism and the spirit of inquiry

and reform.

9. To safeguard public property and to abjure violence.

10. 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.

11. To provide opportunities for education to his child or ward

between the age of 6 - 14 years. This duty was added by the 86th
Constitutional Amendment Act, 2002.