Political Science Notes Part 4: Fundamental Rights and Directive Principles for UPSC, PSC, SSC CGL

Detailed Notes

Chapter 7: Fundamental Rights

Introduction

Fundamental Rights (FRs), enshrined in Part III (Articles 12–35) of the Indian Constitution, are the bedrock of India’s democratic framework. Inspired by the American Bill of Rights, they ensure civil liberties, protecting individuals from state arbitrariness and promoting dignity, freedom, and equality. As Dr. B.R. Ambedkar described, FRs are the “heart and soul” of the Constitution, safeguarding democracy, minority rights, and social justice.

Importance of Fundamental Rights

• Foundation of Democracy: Guarantee freedoms like speech, equality, and life, essential for a free society.
• Minority Protection: Safeguard religious, cultural, and linguistic identities (Articles 29–30).
• Social and Political Justice: Support the realization of Directive Principles of State Policy (DPSP) indirectly.
• Judicial Enforceability: Citizens can approach the Supreme Court under Article 32 for enforcement, ensuring accountability.

Types of Fundamental Rights

Originally seven, now six (Right to Property removed in 1978), FRs are categorized as follows:

1. Right to Equality (Articles 14–18)
   • Article 14: Equality Before Law
     • Ensures equal protection of laws and prohibits state discrimination.
     • Applies to all persons, including foreigners.
     • Example: Equal treatment in courts, regardless of status.
   • Article 15: Prohibition of Discrimination
     • Bars discrimination by the state on grounds of religion, race, caste, sex, or place of birth.
     • Allows special provisions for women, children, SCs/STs.
     • Example: Reservations for SCs/STs in education.
   • Article 16: Equality of Opportunity in Public Employment
     • Guarantees equal access to government jobs.
     • Permits reasonable reservations (e.g., for OBCs).
     • Example: OBC quotas upheld in Indira Sawhney Case (1992).
   • Article 17: Abolition of Untouchability
     • Declares untouchability a punishable offense, empowering Dalits.
     • Example: Laws like the Protection of Civil Rights Act, 1955.
   • Article 18: Abolition of Titles
     • Prohibits titles except military (e.g., General) or academic (e.g., Dr., Prof.).
     • Example: No hereditary titles like “Raja” or “Nawab”.
2. Right to Freedom (Articles 19–22)
   • Article 19: Six Freedoms
     • Guarantees:
       • Speech and expression
       • Peaceful assembly
       • Form associations
       • Free movement
       • Residence
       • Profession
     • Subject to reasonable restrictions (e.g., public order, security).
     • Example: Free speech limited during riots to maintain peace.
   • Article 20: Protection in Respect of Conviction
     • Prohibits ex-post-facto laws (retroactive punishment), double jeopardy, and self-incrimination.
     • Example: Cannot be punished for an act legal at the time of commission.
   • Article 21: Protection of Life and Personal Liberty
     • No deprivation of life or liberty except by procedure established by law.
     • Expanded to include right to dignity, privacy, health, education, clean environment.
     • Example: Puttaswamy Case (2017) recognized privacy as an FR.
   • Article 21A: Right to Education
     • Added by 86th Amendment Act, 2002.
     • Ensures free and compulsory education for children aged 6–14.
     • Example: Right to Education Act, 2009.
   • Article 22: Protection Against Arrest and Detention
     • Rights for arrested persons: Informed of grounds, access to a lawyer.
     • Provisions for preventive detention with safeguards.
     • Example: Detainees must be produced before a magistrate within 24 hours.
3. Right Against Exploitation (Articles 23–24)
   • Article 23: Prohibition of Human Trafficking and Forced Labour
     • Bans human trafficking, begar (forced labor), and similar practices.
     • Example: Laws against bonded labor.
   • Article 24: Prohibition of Child Labour
     • Prohibits employment of children below 14 years in hazardous industries.
     • Example: Child Labour (Prohibition and Regulation) Act, 1986.
4. Right to Freedom of Religion (Articles 25–28)
   • Article 25: Freedom of Conscience and Religion
     • Right to practice, profess, and propagate religion, subject to public order.
     • Example: Sabarimala Case (2018) upheld gender equality in temple entry.
   • Article 26: Freedom to Manage Religious Affairs
     • Allows religious groups to establish and maintain institutions.
     • Example: Management of temples by trusts.
   • Article 27: Freedom from Taxation for Religion
     • Prohibits taxes to promote any religion.
     • Example: No state funding for religious propagation.
   • Article 28: Freedom in Religious Education
     • Bars religious instruction in fully state-funded institutions.
     • Example: Private minority schools can impart religious education.
5. Cultural and Educational Rights (Articles 29–30)
   • Article 29: Protection of Minority Interests
     • Right to conserve language, script, or culture.
     • Example: Protection of Tamil or Bengali cultural practices.
   • Article 30: Right of Minorities to Educational Institutions
     • Minorities can establish and administer educational institutions.
     • Example: Christian or Muslim-run schools like St. Xavier’s.
6. Right to Constitutional Remedies (Article 32)
   • Overview: Allows direct approach to the Supreme Court for FR enforcement, termed the “heart and soul” by Ambedkar.
   • Writs:
     • Habeas Corpus: Release unlawfully detained persons.
     • Mandamus: Order public officials to perform duties.
     • Prohibition: Prevent lower courts from overstepping jurisdiction.
     • Certiorari: Transfer cases to higher courts.
     • Quo Warranto: Challenge illegal occupation of public office.
   • Significance: Ensures FRs are actionable, empowering citizens against state violations.

Applicability of Fundamental Rights

• Citizens Only: Articles 15, 16, 19, 29, 30 apply exclusively to Indian citizens.
• All Persons: Articles 14, 20, 21, 21A, 22, 23, 24, 25–28 extend to both citizens and foreigners.
• Significance: Balances national privileges with universal protections, e.g., foreigners enjoy Right to Life (Article 21).

Amendability and Suspension

• Amendability:
  • Parliament can amend FRs under Article 368 but cannot violate the Basic Structure doctrine (Kesavananda Bharati, 1973).
  • Example: 44th Amendment Act, 1978 removed Right to Property as an FR.
• Suspension:
  • National Emergency (Article 352):
    • Article 19 automatically suspended.
    • Other FRs (except Articles 20, 21) can be suspended by Presidential order.
  • State Emergency (Article 356) and Financial Emergency (Article 360): FRs remain unaffected.
  • Example: FRs suspension during the 1975–77 Emergency was controversial.

Key Supreme Court Cases

• A.K. Gopalan v. State of Madras (1950): Narrowly interpreted Article 21, limiting it to procedure.
• Maneka Gandhi v. Union of India (1978): Expanded Article 21 to include due process and dignity.
• Kesavananda Bharati v. State of Kerala (1973): Established Basic Structure doctrine, protecting FRs.
• Indira Sawhney v. Union of India (1992): Upheld OBC reservations under Article 16.
• Puttaswamy v. Union of India (2017): Declared Right to Privacy an FR under Article 21.

Conclusion

Fundamental Rights are the cornerstone of India’s liberal democracy, ensuring freedom, equality, and dignity for all. While subject to reasonable restrictions and amendable within constitutional limits, they remain enforceable through Article 32, empowering citizens against state excesses. FRs uphold the constitutional vision of a just and inclusive society, reinforcing India’s democratic ethos.

Chapter 8: Directive Principles of State Policy (DPSP)

Introduction

Directive Principles of State Policy (DPSP), enshrined in Part IV (Articles 36–51), are non-justiciable guidelines directing the state to promote social and economic democracy. Described by Dr. B.R. Ambedkar as “instruments of instruction”, DPSPs aim to establish a welfare state, complementing the political democracy of Fundamental Rights. Though not enforceable, they are fundamental in governance, shaping India’s socio-economic policies.

Source of DPSP

• Primary Inspiration: Irish Constitution’s Directive Principles.
• Other Influences:
  • Spanish Constitution: Social justice principles.
  • U.S. Declaration of Independence: Emphasis on life, liberty, and happiness.
• Significance: Reflects global welfare state ideals adapted to India’s context.

Key Features of DPSP

• Non-Justiciable: Cannot be enforced by courts, unlike FRs.
• Welfare-Oriented: Aim for economic and social justice, reducing inequalities.
• Moral Obligation: Bind governments to align policies with DPSP goals.
• Complementary to FRs: FRs ensure political democracy; DPSPs promote social-economic democracy.
• Dynamic: Judicial interpretations and amendments expand their scope.

Classification of DPSPs

DPSPs are categorized into three types based on their objectives:

1. Socialist Principles
   • Aim: Achieve economic and social justice, minimize inequalities.
   • Key Provisions:
     • Article 38: Promote people’s welfare, reduce inequalities in income, status, and opportunities.
     • Article 39: Ensure equal livelihood, equal pay, protect children and workers.
     • Article 41: Provide right to work, education, and public assistance (e.g., unemployment relief).
     • Article 42: Ensure humane work conditions and maternity relief.
     • Article 43: Secure living wages and decent working conditions.
     • Article 43A: Promote workers’ participation in management (added by 42nd Amendment, 1976).
     • Article 47: Improve nutrition, health, and prohibit harmful substances.
   • Significance: Drives policies like MGNREGA (employment) and labor laws.
2. Gandhian Principles
   • Aim: Reflect Mahatma Gandhi’s vision of rural development, self-reliance, and moral values.
   • Key Provisions:
     • Article 40: Organize village panchayats for local self-governance.
     • Article 43: Promote cottage industries in rural areas.
     • Article 46: Advance educational and economic interests of SCs, STs, and weaker sections.
     • Article 47: Prohibit intoxicating drinks and drugs (except for medicinal use).
     • Article 48: Prohibit cow slaughter, organize agriculture scientifically.
   • Significance: Inspires initiatives like Panchayati Raj and rural development schemes.
3. Liberal-Intellectual Principles
   • Aim: Promote liberalism, international peace, and rule of law.
   • Key Provisions:
     • Article 44: Secure a Uniform Civil Code (UCC) for all citizens.
     • Article 45: Provide early childhood care and education (partially shifted to Article 21A).
     • Article 48A: Protect and improve the environment (added by 42nd Amendment, 1976).
     • Article 49: Preserve monuments and historical sites.
     • Article 50: Separate judiciary from executive in public services.
     • Article 51: Promote international peace and security.
   • Significance: Guides policies like environmental laws and India’s non-aligned foreign policy.

Important Amendments Related to DPSP

• 42nd Amendment Act, 1976:
  • Added Article 39A (free legal aid), Article 43A (workers’ participation), and Article 48A (environment protection).
• 44th Amendment Act, 1978:
  • Amended Article 38 to explicitly focus on minimizing inequalities.
• 86th Amendment Act, 2002:
  • Shifted early childhood education to Article 21A (Right to Education), modifying Article 45.
• Significance: Reflects evolving priorities, strengthening DPSP’s welfare focus.

Relationship Between Fundamental Rights and DPSPs

• Comparison:
  • FRs: Justiciable, negative (restrict state), individual-centric, ensure political democracy.
  • DPSPs: Non-justiciable, positive (guide state), community-centric, promote social-economic democracy.
• Judicial Evolution:
  • Champakam Dorairajan Case (1951): FRs prevailed over DPSPs in early conflicts.
  • Harmonious Construction: Supreme Court later emphasized FRs and DPSPs are complementary, forming the Constitution’s core philosophy.
  • Minerva Mills Case (1980): Declared the balance between FRs and DPSPs as part of the Basic Structure, prohibiting Parliament from prioritizing one over the other.
• Significance: Ensures a balanced constitutional framework, integrating political and socio-economic goals.

Implementation of DPSPs

• Examples:
  • Article 39A: Legal Services Authorities Act, 1987 provides free legal aid.
  • Article 40: 73rd Amendment Act, 1992 empowered Panchayati Raj institutions.
  • Article 48A: Environmental Protection Act, 1986 and related laws.
  • Article 45: Integrated Child Development Scheme (ICDS) for early childhood care.
• Significance: Demonstrates DPSPs’ influence on legislation, despite non-justiciability.

Criticism of DPSPs

• Non-Enforceable: Labeled as “pious declarations” without legal binding.
• Vague and Conflicting: Lack clear priorities (e.g., UCC vs. minority rights).
• Political Neglect: Implementation depends on government will, often ignored.
• Counterpoint:
  • Provide moral direction, shaping laws and judicial decisions over time.
  • Inspire policies like Panchayati Raj and environmental protection.

Conclusion

DPSPs are the social conscience of the Indian Constitution, guiding the state toward a welfare society. Though non-justiciable, they complement Fundamental Rights, driving policies for social justice, rural development, and environmental protection. By balancing idealism with practicality, DPSPs ensure India progresses toward its constitutional vision of justice—social, economic, and political.