Fundamental Rights, Duties and Directive Principles
Part III and Part IV together define the rights-goals relationship, and the exam tests article numbers, writs, the scope of Article 21, and the balance struck in Minerva Mills.
Fundamental Rights (Articles 12-35)
- Six groups: equality (14-18), freedom (19-22), against exploitation (23-24), religion (25-28), cultural and educational (29-30), remedies (32).
- Article 13: inconsistent laws are void; doctrines of severability, eclipse and waiver (rights cannot be waived - Basheshar Nath).
- Article 21 was expanded in Maneka Gandhi (1978) to include due process; Article 21A was added by the 86th Amendment (2002).
- Article 32 writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto.
DPSP and Fundamental Duties
- Part IV, Articles 36-51: non-justiciable but fundamental in governance.
- Socialist (39, 39A legal aid, 41-43), Gandhian (40 panchayats, 46 SC/ST welfare, 47 prohibition), liberal (44 uniform civil code, 48A environment, 50 separation of judiciary, 51 international peace).
- Article 51A duties were inserted by the 42nd Amendment on the Swaran Singh Committee's advice; there are 11 duties now (the 86th Amendment added the parental duty).
Worked example: a law curbs a fundamental right in order to implement a Directive Principle. Answer: the DPSP cannot override the right, because Minerva Mills (1980) made the balance between Parts III and IV part of the basic structure; but the DPSP may inform a reasonable restriction under Article 19(2)-(6).
Traps: DPSPs are not enforceable; Article 32 can be suspended only as Article 359 allows, and Articles 20 and 21 cannot be suspended; Articles 15(4), 15(5) and 16(4) are enabling provisions, not exceptions to equality.