UPSC Notes / Polity & Constitution / Chapter 2
Chapter 2 of 20

Fundamental Rights, Fundamental Duties and DPSP

Part III, Part IV and Part IVA of the Constitution — the justiciable Fundamental Rights, the non-justiciable Directive Principles, and the moral Fundamental Duties of every citizen.

📖 ~16 min read ⚖️ Polity & Constitution

Introduction

Part III (Fundamental Rights), Part IV (Directive Principles of State Policy) and Part IVA (Fundamental Duties) together form the philosophical core of the Constitution. Fundamental Rights are justiciable (enforceable in courts); DPSPs are non-justiciable but fundamental to governance; Fundamental Duties are moral obligations with no direct legal sanction. Together they balance individual liberty, state responsibility, and civic obligation.

Fundamental Rights (Part III, Articles 12-35)

Originally there were 7 Fundamental Rights; the Right to Property (Art. 31) was removed by the 44th Amendment Act, 1978 and made a legal right under Article 300A. Six Fundamental Rights remain today.

RightArticlesKey Content
Right to Equality14-18Equality before law, prohibition of discrimination, equality of opportunity in public employment, abolition of untouchability (18) and titles
Right to Freedom19-22Six freedoms (speech, assembly, association, movement, residence, profession), protection in respect of conviction (20), protection of life & personal liberty (21), protection against arrest & detention (22)
Right against Exploitation23-24Prohibition of human trafficking & forced labour; prohibition of child labour (below 14) in hazardous work
Right to Freedom of Religion25-28Freedom of conscience and free profession/practice/propagation of religion; freedom to manage religious affairs; freedom from religious instruction in state-funded institutions
Cultural and Educational Rights29-30Protection of interests of minorities; right of minorities to establish and administer educational institutions
Right to Constitutional Remedies32Right to move the Supreme Court for enforcement of Fundamental Rights — called the "heart and soul" of the Constitution by Dr. Ambedkar

Article 21 — Expanding Scope

Article 21 ("No person shall be deprived of his life or personal liberty except according to procedure established by law") has been judicially expanded far beyond its text through cases like Maneka Gandhi v. Union of India (1978) (procedure must be fair, just and reasonable) to include rights to privacy, livelihood, clean environment, speedy trial, legal aid, and shelter.

Writs under Article 32 and Article 226

WritMeaning / Purpose
Habeas Corpus"To have the body" — produce a detained person before the court to check the legality of detention
Mandamus"We command" — directs a public authority to perform a public duty it has failed to perform
ProhibitionIssued by a higher court to a lower court/tribunal to stop proceedings that exceed its jurisdiction
CertiorariIssued to quash an order already passed by a lower court/tribunal acting beyond its jurisdiction
Quo Warranto"By what authority" — questions the legality of a person's claim to a public office
💡 Remember: Article 32 (Supreme Court) is itself a Fundamental Right; Article 226 (High Courts) is a constitutional (not fundamental) right and has a wider scope — it can be issued for enforcement of Fundamental Rights and for any other legal right.

Reasonable Restrictions

Flowchart — Are Fundamental Rights Absolute?
Fundamental Rights
↓
NOT absolute — subject to "reasonable restrictions" imposed by the State
↓
Grounds: sovereignty & integrity of India
Security of the State
Public order, decency, morality

Restrictions must be reasonable and can be tested by courts for arbitrariness (judicial review).

Directive Principles of State Policy (Part IV, Articles 36-51)

Borrowed from the Irish Constitution, DPSPs are guidelines for the State to frame policies for socio-economic justice. Article 37 declares them non-justiciable but "fundamental in the governance of the country."

CategoryExamples
SocialisticEqual pay for equal work (Art. 39), living wage, reduction of income inequality
GandhianOrganisation of village panchayats (Art. 40), promotion of cottage industries, prohibition of intoxicating drinks
Liberal-IntellectualUniform Civil Code (Art. 44), free & compulsory education for children (Art. 45), separation of judiciary from executive (Art. 50)
⚖️ FR vs DPSP — Case Law Trail: Golaknath (1967) — Parliament cannot amend Fundamental Rights  →  24th Amendment (1971) — restored Parliament's power to amend FRs  →  Kesavananda Bharati (1973) — Parliament can amend any part, including FRs, but cannot destroy the "Basic Structure"  →  Minerva Mills (1980) — struck down clauses giving DPSPs absolute primacy over FRs; held that harmony between FRs and DPSPs is itself part of the Basic Structure.

Fundamental Duties (Part IVA, Article 51A)

Added by the 42nd Amendment Act, 1976 on the recommendation of the Swaran Singh Committee, modelled on Article 51A of the (then) Soviet Constitution. Originally 10 duties; an 11th duty was added by the 86th Amendment Act, 2002.

  • Abide by the Constitution and respect its ideals, the National Flag and National Anthem
  • Cherish the noble ideals of the freedom struggle
  • Uphold and protect the sovereignty, unity and integrity of India
  • Defend the country and render national service when called upon
  • Promote harmony and the spirit of common brotherhood
  • Preserve the rich heritage of composite culture
  • Protect and improve the natural environment
  • Develop scientific temper, humanism and the spirit of inquiry
  • Safeguard public property and abjure violence
  • Strive towards excellence in all spheres of individual and collective activity
  • (11th, added 2002): Provide opportunities for education to one's child/ward between 6-14 years
📌 Not Legally Enforceable: Fundamental Duties are not directly enforceable in courts, but laws can be made to enforce them, and courts have used them to interpret the validity of other laws.

Quick Revision Table

TopicOne-line Recall
FRs remaining6 (Right to Property removed by 44th CAA, now Art. 300A)
Heart & soul of ConstitutionArticle 32 — Right to Constitutional Remedies
DPSP sourceIreland; Article 37 — non-justiciable
Basic Structure originKesavananda Bharati case, 1973
Fundamental Duties added42nd CAA, 1976 (Swaran Singh Committee); 11th duty by 86th CAA, 2002
✅ UPSC Focus: Article-wise matching of FRs · Writs and their exact purpose · DPSP classification · FR-DPSP case law sequence (Golaknath → 24th CAA → Kesavananda → Minerva Mills) · Fundamental Duties list and the 11th duty.

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