Fundamental Rights, Fundamental Duties and Directive Principles of State Policy
UPMSP asks for article numbers, the difference between rights and directive principles, and the effect of the 42nd and 44th Amendments. Art. 32 writs and the three categories of DPSP are frequently tested.
Fundamental Rights (Part III, Arts. 12-35)
- Justiciable: a citizen can move the Supreme Court directly under Art. 32, which Ambedkar called the 'heart and soul' of the Constitution. Five writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto.
- Equality (Arts. 14-18), including abolition of untouchability (17) and titles (18); freedom (19); life and personal liberty (21), with the right to education added as Art. 21A by the 86th Amendment (2002); exploitation (23-24); religion (25-28); cultural and educational rights (29-30).
- The 44th Amendment (1978) removed the right to property from Part III; it is now a legal right under Art. 300A.
DPSP (Part IV, Arts. 36-51) and Duties (Part IVA)
DPSP are non-justiciable but fundamental in governance (Art. 37). They are grouped as socialist (39, 41-43A), Gandhian (40, 43, 46, 47, 48) and liberal-intellectual (44, 45, 48A, 50, 51). Art. 51A lists eleven Fundamental Duties, added on the Swaran Singh Committee's recommendation by the 42nd Amendment; the eleventh came with the 86th Amendment.
Worked example
A State reserves posts in promotion for SC/ST employees. Is it valid? Reasoning: Art. 16(1) guarantees equality of opportunity, but Art. 16(4) permits reservation for backward classes; the 77th Amendment (1995) added Art. 16(4A) allowing reservation in promotion and the 85th Amendment added consequential seniority. Validity still depends on quantifiable data on backwardness and adequacy of representation (M. Nagaraj, 2006).
Traps
Art. 32 vs Art. 226; Art. 19 is available only to citizens, Art. 21 to all persons; DPSP do not override Fundamental Rights - the 42nd Amendment's primacy clause was struck down in Minerva Mills (1980).