Fundamental Rights, Duties and Directive Principles
Parts III, IV and IVA define the citizen-state relationship. The exam tests classifications, justiciability, writs and the balance between rights and directives.
Core rules and concepts
- Fundamental Rights (Articles 12–35): six categories - equality, freedom, against exploitation, religion, cultural-educational, and constitutional remedies. They are not absolute; Article 19 has reasonable restrictions.
- Article 32 is the right to constitutional remedies, called the “heart and soul” of the Constitution by Ambedkar. High Courts have wider writ jurisdiction under Article 226.
- Writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto.
- Directive Principles (Articles 36–51): non-justiciable under Article 37 but fundamental in governance. Categories: socialist, Gandhian and liberal-intellectual.
- Fundamental Duties (Article 51A): added by the 42nd Amendment (1976); the 11th duty on education was added by the 86th Amendment (2002). They are not enforceable.
Worked example
A state law bans all public meetings for three months to preserve order. Is it valid? Reasoning: Article 19(1)(b) protects assembly. A restriction must be under a listed ground in Article 19(3), reasonable and proportionate. A blanket ban is overbroad and fails proportionality. The law is void unless narrowly tailored. This shows that rights are limited but limits must be lawful and reasonable.
Traps
- Claiming Fundamental Rights are absolute.
- Treating Directive Principles as directly enforceable.
- Assuming Fundamental Duties are justiciable.
- Using Article 32 for non-fundamental rights.
- Ignoring that Article 226 is wider than Article 32.
Key points
- Fundamental Rights are in Part III, Articles 12–35.
- Article 32 is the right to constitutional remedies.
- Five writs protect rights.
- Directive Principles are non-justiciable but fundamental in governance.
- Fundamental Duties were added by the 42nd Amendment.