Fundamental Rights and Duties; Directive Principles of State Policy
What the exam tests
You must know the six categories of Fundamental Rights, the remedy under Article 32, the eleven Fundamental Duties and the nature of Directive Principles.
Core rules and concepts
- Fundamental Rights (Part III, Articles 12-35): equality (14-18), freedom (19-22), against exploitation (23-24), religion (25-28), cultural and educational (29-30), and constitutional remedies (32).
- Article 32 is the right to move the Supreme Court; Ambedkar called it the 'heart and soul' of the Constitution.
- Fundamental Duties (Article 51A): eleven duties added by the 42nd Amendment (1976) and the 86th Amendment; non-justiciable but they guide citizens and courts.
- Directive Principles (Part IV, Articles 36-51): socio-economic goals; non-justiciable but fundamental in governance.
Worked example
'A state law implements a Directive Principle but restricts a Fundamental Right. Which prevails?' Reason: normally Fundamental Rights prevail, but Article 31C protects laws implementing certain directive principles. The court checks whether the law is genuinely for the stated purpose and does not destroy the basic structure. Thus the answer is not automatic; it depends on the constitutional provision and judicial review.
Traps
Do not say Directive Principles are enforceable in court; they are not. Do not say Fundamental Duties are enforceable; they are not directly justiciable. Do not forget Article 21A (right to education), inserted by the 86th Amendment. Do not list only five Fundamental Rights; there are six categories.