- Fundamental Rights (FRs) are in Part III (Articles 12–35) and are justiciable — enforceable in courts.
- Directive Principles (DPSPs) are in Part IV (Articles 36–51); they are not justiciable but are "fundamental in the governance of the country" (Article 37).
- Fundamental Duties are in Part IV-A (Article 51A), added by the 42nd Amendment (1976).
The Six Fundamental Rights
| Right | Articles | Key points |
|---|---|---|
| Right to Equality | 14–18 | Equality before law (14), no discrimination (15), equal opportunity in public employment (16), abolition of untouchability (17), abolition of titles (18) |
| Right to Freedom | 19–22 | Six freedoms (19), protection in respect of conviction (20), life and personal liberty (21), education 6–14 years (21A), protection against arbitrary arrest (22) |
| Right against Exploitation | 23–24 | Ban on human trafficking and forced labour (23); no child under 14 in factories, mines or hazardous work (24) |
| Right to Freedom of Religion | 25–28 | Conscience and free profession (25), managing religious affairs (26), no tax for promoting a religion (27), religious instruction in institutions (28) |
| Cultural & Educational Rights | 29–30 | Protection of minorities' language and culture (29); minorities' right to set up educational institutions (30) |
| Right to Constitutional Remedies | 32 | Move the Supreme Court for enforcement of FRs — called the "heart and soul" of the Constitution by Ambedkar |
The Right to Property (Article 31) was removed from Part III by the 44th Amendment (1978) and is now a legal right under Article 300A.
The Five Writs (Articles 32 and 226)
- Habeas Corpus — "to have the body"; against unlawful detention.
- Mandamus — "we command"; orders a public official to perform a duty.
- Prohibition — stops a lower court from exceeding its jurisdiction (issued while proceedings are pending).
- Certiorari — quashes an order already passed by a lower court or tribunal.
- Quo Warranto — "by what authority"; questions a person's claim to a public office.
High Courts can issue writs under Article 226 for FRs and other legal rights, so their writ jurisdiction is wider than the Supreme Court's.
FR Articles12–35
DPSP Articles36–51
DutiesArt 51A (11)
Property removed44th Amdt, 1978
Right to EducationArt 21A (2002)
Privacy as FRPuttaswamy, 2017
Key Amendments & Cases on FRs
- 44th Amendment (1978): Articles 20 and 21 cannot be suspended even during a national emergency.
- 86th Amendment (2002): inserted Article 21A (free and compulsory education for ages 6–14), changed Article 45 and added the 11th Fundamental Duty.
- 103rd Amendment (2019): 10% reservation for economically weaker sections (Articles 15(6) and 16(6)); upheld in Janhit Abhiyan (2022).
- Maneka Gandhi (1978): any procedure depriving liberty must be "just, fair and reasonable".
- K.S. Puttaswamy (2017): a nine-judge bench held privacy to be a fundamental right under Article 21.
Classification of DPSPs
| Type | Examples |
|---|---|
| Socialistic | Welfare state (38), equal pay and distribution of resources (39), equal justice and free legal aid (39A), work and public assistance (41), maternity relief (42), living wage (43) |
| Gandhian | Village panchayats (40), cottage industries (43), welfare of SCs/STs (46), prohibition of intoxicants (47), ban on cow slaughter (48) |
| Liberal-intellectual | Uniform Civil Code (44), early childhood care (45), environment protection (48A), protection of monuments (49), separation of judiciary from executive (50), international peace (51) |
The 42nd Amendment added Articles 39A, 43A and 48A; the 97th Amendment (2011) added 43B (cooperative societies). In Minerva Mills (1980) the Court held that the balance between FRs and DPSPs is part of the basic structure.
Fundamental Duties
Added on the recommendation of the Swaran Singh Committee by the 42nd Amendment (1976) with 10 duties, inspired by the USSR. The 86th Amendment (2002) added the 11th: parents or guardians must provide opportunities for education to children aged 6–14. Like DPSPs, duties are not directly enforceable in court.
Q1. Which Article was called the "heart and soul" of the Constitution by Dr. B.R. Ambedkar?
✅ Answer: (d) Article 32
💡 Explanation: Article 32 (Right to Constitutional Remedies) lets citizens move the Supreme Court to enforce FRs.
Q2. The Right to Property was removed from the list of Fundamental Rights by the:
✅ Answer: (b) 44th Amendment
💡 Explanation: The 44th Amendment (1978) moved it to Article 300A as a legal right.
Q3. Which writ is issued to quash an order already passed by a lower court?
✅ Answer: (a) Certiorari
💡 Explanation: Certiorari quashes an existing order; Prohibition stops proceedings that are still pending.
Q4. How many Fundamental Duties are there in the Constitution today?
✅ Answer: (c) 11
💡 Explanation: The 42nd Amendment added 10 duties and the 86th Amendment added the 11th.
Q5. Article 44, which calls for a Uniform Civil Code, is part of:
✅ Answer: (d) Directive Principles of State Policy
💡 Explanation: Article 44 is a Directive Principle in Part IV.
🔁 Revise in 60 Seconds
- FRs: Part III, Art 12–35; six rights now (originally seven).
- DPSPs: Part IV, Art 36–51; non-justiciable (Art 37); from Ireland.
- Duties: Part IV-A, Art 51A; 42nd (1976) + 86th (2002) = 11 duties.
- Art 20 and 21 cannot be suspended in an emergency (44th Amendment).
📌 Prelims Traps to Avoid
- ✘ Article 19 originally had seven freedoms; 19(1)(f) on property was deleted, leaving six.
- ✘ High Courts' writ power (Art 226) is wider than the Supreme Court's (Art 32).
- ✘ Fundamental Duties were recommended by the Swaran Singh Committee (1976), not the Sarkaria Commission (which dealt with Centre–state relations).
How many Fundamental Rights are there in India?
There are six Fundamental Rights: Equality, Freedom, against Exploitation, Freedom of Religion, Cultural and Educational Rights, and Constitutional Remedies. The Right to Property was removed in 1978.
Are Directive Principles enforceable in court?
No. Under Article 37, DPSPs are not enforceable by any court, but they are fundamental in the governance of the country and the State must apply them in making laws.