Fundamental Rights and Directive principles of India
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The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties' are sections of the
Constitution of India The Constitution of India (IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ri ...
that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections are considered vital elements of the constitution, which was developed between 1949 by the Constituent Assembly of India. The ''Fundamental Rights'' are defined in Part III of the Indian Constitution from article 12 to 35 and applied irrespective of race, place of birth, religion,
caste Caste is a form of social stratification characterised by endogamy, hereditary transmission of a style of life which often includes an occupation, ritual status in a hierarchy, and customary social interaction and exclusion based on cultura ...
, creed, gender, and equality of opportunity in matters of employment.They are enforceable by the courts, subject to specific restrictions. The ''Directive Principles of State Policy'' are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing any policies and passing of laws. The ''Fundamental Duties'' are defined as the moral obligations of all citizens to help promote a spirit of patriotism and to uphold the unity of India. These duties set out in Part IV–A of the Constitution, concern individuals and the nation. Like the Directive Principles, they are not enforceable by courts unless otherwise made enforceable by parliamentary law.


History

The Fundamental Rights and Directive Principles had their origins in the
India India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
n independence movement, which strove to achieve the limits of liberty and social welfare as the goals of an independent Indian state. The development of constitutional rights in India was inspired by historical documents such as England's Bill of Rights, the
United States Bill of Rights The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections rais ...
and France's Declaration of the Rights of Man. The demand for civil liberties formed an important part of the Indian independence movement, with one of the objectives of the
Indian National Congress The Indian National Congress (INC), colloquially the Congress Party but often simply the Congress, is a political party in India with widespread roots. Founded in 1885, it was the first modern nationalist movement to emerge in the British Em ...
(INC) being to end discrimination between the
British British may refer to: Peoples, culture, and language * British people, nationals or natives of the United Kingdom, British Overseas Territories, and Crown Dependencies. ** Britishness, the British identity and common culture * British English, ...
rulers and their Indian subjects. This demand was explicitly mentioned in resolutions adopted by the INC between 1917 and 1919. The demands articulated in these resolutions included granting to Indians the rights to equality before the law, free speech, trial by juries composed at least half of Indian members, political power, and equal terms for bearing arms as British citizens. The unsatisfactory
Montagu–Chelmsford Reforms The Montagu–Chelmsford Reforms or more briefly known as the Mont–Ford Reforms, were introduced by the colonial government to introduce self-governing institutions gradually in British India. The reforms take their name from Edwin Montagu, th ...
of 1919, and the rise to prominence of
M. K. Gandhi Mohandas Karamchand Gandhi (; ; 2 October 1869 – 30 January 1948), popularly known as Mahatma Gandhi, was an Indian lawyer, anti-colonial nationalist Quote: "... marks Gandhi as a hybrid cosmopolitan figure who transformed ... anti- ...
in the Indian independence movement marked a change in the attitude of its leaders towards articulating demands for civil rights. The focus shifted from demanding equality of status between Indians and the British to assuring liberty for all Indians. The Commonwealth of India Bill, drafted by
Annie Beasant Annie Besant ( Wood; 1 October 1847 – 20 September 1933) was a British socialist, theosophist, freemason, women's rights activist, educationist, writer, orator, political party member and philanthropist. Regarded as a champion of human f ...
in 1925, specifically included demands for seven fundamental rights – individual liberty,
freedom of conscience Freedom of thought (also called freedom of conscience) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, independent of others' viewpoints. Overview Every person attempts to have a cognitive proficiency by ...
, free expression of opinion,
freedom of assembly Freedom of peaceful assembly, sometimes used interchangeably with the freedom of association, is the individual right or ability of people to come together and collectively express, promote, pursue, and defend their collective or shared ide ...
, non-discrimination on the ground of sex, free elementary education and free use of public spaces. In 1927, the INC resolved to set up a committee to draft a "Swaraj Constitution" for India based on a declaration of rights that would provide safeguards against oppression. The 11-member committee, led by
Motilal Nehru Motilal Nehru (6 May 1861 – 6 February 1931) was an Indian lawyer, activist and politician belonging to the Indian National Congress. He also served as the Congress President twice, 1919–1920 and 1928–1929. He was a patriarch of the Nehr ...
, was constituted in 1928. Its report made a number of recommendations, including proposing guaranteed fundamental rights to all Indians. These rights resembled those of the
American Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
and those adopted by post-war European countries, and several of them were adopted from the 1925 Bill. Several of these provisions were later replicated in various parts of the Indian Constitution, including the Fundamental Right itself to the defence of civil rights and economic freedom, with the stated objectives of putting an end to exploitation, providing social security and implementing land reforms. Other new rights proposed by the resolution were the prohibition of State titles,
universal adult franchise Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stanc ...
, the abolition of capital punishment and freedom of movement. Drafted by
Jawaharlal Nehru Pandit Jawaharlal Nehru (; ; ; 14 November 1889 – 27 May 1964) was an Indian anti-colonial nationalist, secular humanist, social democrat— * * * * and author who was a central figure in India during the middle of the 20t ...
, the resolution, which later formed the basis for some of the Directive Principles, placed the primary responsibility of carrying out social reform on the State, and marked the increasing influence of socialism and Gandhian philosophy on the independence movement. The final phase of the Independence movement saw a reiteration of the socialist principles of the 1930s, along with an increased focus on minority rights – which had become an issue of major political concern by then – which were published in the Sapru Report in 1945. The report, apart from stressing on protecting the rights of minorities, also sought to prescribe a "The Fundamental Rights and Directive Principles had their origins in the Indian independence movement, which strove to achieve the values of liberty and social welfare as the goals of an independent Indian state. The development of constitutional rights in India was inspired by historical documents such as England's Bill of Rights, the United States Bill of Rights and France's Declaration of the Rights of Man. The demand for civil liberties formed an important part of the Indian independence movement, with one of the objectives of the Indian National Congress (INC) being to end discrimination between the British rulers and their Indian subjects. This demand was explicitly mentioned in resolutions adopted by the INC between 1917 and 1919. The demands articulated in these resolutions included granting to Indians the rights to equality before the law, free speech, trial by juries composed at least half of Indian members, political power, and equal terms for bearing arms as British citizens. standard of conduct for the legislatures, government and the courts". During the final stages of the
British Raj The British Raj (; from Hindi ''rāj'': kingdom, realm, state, or empire) was the rule of the British Crown on the Indian subcontinent; * * it is also called Crown rule in India, * * * * or Direct rule in India, * Quote: "Mill, who was himsel ...
, the
1946 Cabinet Mission to India A Cabinet Mission came to India in 1946 in order to discuss the transfer of power from the British government to the Indian political leadership, with the aim of preserving India's unity and granting its independence. Formed at the initiative o ...
proposed a Constituent Assembly to draft a Constitution for India as part of the process of transfer of power. The Constituent Assembly of India, composed of indirectly elected representatives from the British provinces and
Princely state A princely state (also called native state or Indian state) was a nominally sovereign entity of the British Raj, British Indian Empire that was not directly governed by the British, but rather by an Indian ruler under a form of indirect rule, ...
s, commenced its proceedings in December 1946, and completed drafting the Constitution of India by November 1949. According to the Cabinet Mission plan, the Assembly was to have an Advisory Committee to advise it on the nature and extent of
fundamental rights Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustai ...
, protection of minorities and administration of tribal areas. Accordingly, the Advisory Committee was constituted in January 1947 with 64 members, and from among these a twelve-member sub-committee on Fundamental Rights was appointed under the chairmanship of J. B. Kripalani in February 1947. The sub-committee drafted the Fundamental Rights and submitted its report to the Committee by April 1947, and later that month the Committee placed it before the Assembly, which debated and discussed the rights over the course of the following year, adopting the drafts of most of them by, December 1948. The drafting of the Fundamental Rights was influenced by the adoption of the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
by the
U.N. General Assembly The United Nations General Assembly (UNGA or GA; french: link=no, Assemblée générale, AG) is one of the six principal organs of the United Nations (UN), serving as the main deliberative, policymaking, and representative organ of the UN. Curr ...
and the activities of the
United Nations Human Rights Commission The United Nations Commission on Human Rights (UNCHR) was a functional commission within the overall framework of the United Nations from 1946 until it was replaced by the United Nations Human Rights Council in 2006. It was a subsidiary body of t ...
, as well as decisions of the
U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in interpreting the Bill of Rights in the
American Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the natio ...
. The Directive Principles, which were also drafted by the sub-committee on Fundamental Rights, expounded the socialist precepts of the Indian independence movement, and were inspired by similar principles contained in the
Irish Constitution The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditio ...
. The Fundamental Duties were later added to the Constitution by the 42nd Amendment in 1976.


Fundamental Rights

The Fundamental Rights, embodied in Part III of the Constitution, guarantee civil rights to all Indians and prevent the State from encroaching an individual's liberty while simultaneously placing upon it an obligation to protect the citizens' rights from encroachment by society. Seven fundamental rights were originally provided by the Constitution – the right to equality, right to freedom, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. However, the right to property was removed from Part III of the Constitution by the 44th Amendment in 1978. The purpose of the Fundamental Rights is to preserve individual liberty and democratic principles based on equality of all members of society. Dr Ambedkar said that the responsibility of the legislature is not just to provide fundamental rights but also and rather, more importantly, to safeguard them. They act as limitations on the powers of the legislature and executive, under Article 13, and in case of any violation of these rights the
Supreme Court of India The Supreme Court of India ( IAST: ) is the supreme judicial authority of India and is the highest court of the Republic of India under the constitution. It is the most senior constitutional court, has the final decision in all legal matters ...
and the High Courts of the states have the power to declare such legislative or executive action as unconstitutional and void. These rights are largely enforceable against the State, which as per the wide definition provided in Article 12, includes not only the legislative and executive wings of the federal and state governments, but also local administrative authorities and other agencies and institutions which discharge public functions or are of a governmental character. However, there are certain rights – such as those in Articles 15, 17, 18, 23, 24 – that are also available against private individuals. Further, certain Fundamental Rights – including those under Articles 14, 20, 21, 25 – apply to persons of any nationality upon Indian soil, while others – such as those under Articles 15, 16, 19, 30 – are applicable only to citizens of India. The Fundamental Rights are not absolute and are subject to reasonable restrictions as necessary for the protection of public interest. In the '' Kesavananda Bharati v. State of Kerala'' case in 1973, the Supreme Court, overruling a previous decision of 1967, held that the Fundamental Rights could be amended, subject to judicial review in case such an amendment violated the
basic structure The basic structure doctrine is a common law legal doctrine that the constitution of a sovereign state has certain characteristics that cannot be erased by its legislature. The doctrine is recognised in India, Bangladesh, Malaysia, Pakistan, and ...
of the Constitution. The Fundamental Rights can be enhanced, removed or otherwise altered through a
constitutional amendment A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, t ...
, passed by a two-thirds majority of each House of Parliament. The imposition of a
state of emergency A state of emergency is a situation in which a government is empowered to be able to put through policies that it would normally not be permitted to do, for the safety and protection of its citizens. A government can declare such a state du ...
may lead to a temporary suspension any of the Fundamental Rights, excluding Articles 20 and 21, by order of the President. The President may, by order, suspend the right to constitutional remedies as well, thereby barring citizens from approaching the Supreme Court for the enforcement of any of the Fundamental Rights, except Articles 20 and 21, during the period of the emergency. Parliament may also restrict the application of the Fundamental Rights to members of the
Indian Armed Forces The Indian Armed Forces are the military forces of the Republic of India. It consists of three professional uniformed services: the Indian Army, Indian Navy, and Indian Air Force.—— Additionally, the Indian Armed Forces are supported by ...
and the police, in order to ensure proper discharge of their duties and the maintenance of discipline, by a law made under Article 33.


Directive Principles of State Policy

The Directive Principles of State Policy, embodied in Part IV of the Constitution, are directions given to the state to guide the establishment of an economic and social democracy, as proposed by the
Preamble A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subj ...
. They set forth the
humanitarian Humanitarianism is an active belief in the value of human life, whereby humans practice benevolent treatment and provide assistance to other humans to reduce suffering and improve the conditions of humanity for moral, altruistic, and emotional ...
and
socialist Socialism is a left-wing economic philosophy and movement encompassing a range of economic systems characterized by the dominance of social ownership of the means of production as opposed to private ownership. As a term, it describes the e ...
instructions that were the aim of social revolution envisaged in India by the Constituent Assembly. The state is expected to keep these principles in mind while framing laws and policies, even though they are
non-justiciable Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party ...
in nature. The Directive Principles may be classified under the following categories: ideals that the state ought to strive towards achieving; directions for the exercise of legislative and executive power; and rights of the citizens which the State must aim towards securing. Despite being non-justiciable, the Directive Principles act as a check on the state; theorised as a yardstick in the hands of the electorate and the opposition to measure the performance of a government at the time of an election. Article 37, while stating that the Directive Principles are not enforceable in any court of law, declares them to be "fundamental to the governance of the country" and imposes an obligation on the State to apply them in matters of legislation. Thus, they serve to emphasise the
welfare state A welfare state is a form of government in which the state (or a well-established network of social institutions) protects and promotes the economic and social well-being of its citizens, based upon the principles of equal opportunity, equitabl ...
model of the Constitution and emphasise the positive duty of the state to promote the welfare of the people by affirming social, economic and political justice, as well as to fight
income inequality There are wide varieties of economic inequality, most notably income inequality measured using the distribution of income (the amount of money people are paid) and wealth inequality measured using the distribution of wealth (the amount of we ...
and ensure individual dignity, as mandated. Article 39 lays down certain principles of policy to be followed by the State, including providing an adequate means of livelihood for all citizens,
equal pay for equal work Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full ...
for men and women, proper working conditions, reduction of the concentration of wealth and means of production from the hands of a few, and distribution of community resources to "subserve the common good". These clauses highlight the Constitutional objectives of building an
egalitarian Egalitarianism (), or equalitarianism, is a school of thought within political philosophy that builds from the concept of social equality, prioritizing it for all people. Egalitarian doctrines are generally characterized by the idea that all hum ...
social order and establishing a welfare state, by bringing about a social revolution assisted by the State, and have been used to support the
nationalisation Nationalization (nationalisation in British English) is the process of transforming privately-owned assets into public assets by bringing them under the public ownership of a national government or state. Nationalization usually refers to pri ...
of mineral resources as well as public utilities. Further, several legislation pertaining to
agrarian reform Agrarian reform can refer either, narrowly, to government-initiated or government-backed redistribution of agricultural land (see land reform) or, broadly, to an overall redirection of the agrarian system of the country, which often includes land re ...
and
land tenure In common law systems, land tenure, from the French verb "tenir" means "to hold", is the legal regime in which land owned by an individual is possessed by someone else who is said to "hold" the land, based on an agreement between both individual ...
have been enacted by the federal and state governments, in order to ensure equitable distribution of land resources. Articles 41–43 mandate the State to endeavour to secure to all citizens the
right to work The right to work is the concept that people have a human right to work, or engage in productive employment, and should not be prevented from doing so. The right to work is enshrined in the Universal Declaration of Human Rights and recognized i ...
, a
living wage A living wage is defined as the minimum income necessary for a worker to meet their basic needs. This is not the same as a subsistence wage, which refers to a biological minimum, or a solidarity wage, which refers to a minimum wage tracking labor ...
,
social security Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specificall ...
, maternity relief, and a decent
standard of living Standard of living is the level of income, comforts and services available, generally applied to a society or location, rather than to an individual. Standard of living is relevant because it is considered to contribute to an individual's quality ...
. These provisions aim at establishing a socialist state as envisaged in the Preamble. Article 43 also places upon the State the responsibility of promoting
cottage industries The putting-out system is a means of subcontracting work. Historically, it was also known as the workshop system and the domestic system. In putting-out, work is contracted by a central agent to subcontractors who complete the project via remote ...
, and the federal government has, in furtherance of this, established several Boards for the promotion of
khadi Khadi (, ), derived from khaddar, is a hand-spun and woven natural fibre cloth promoted by Mahatma Gandhi as ''swadeshi'' (self-sufficiency) for the freedom struggle of the Indian subcontinent, and the term is used throughout India, Pakistan ...
,
handloom A loom is a device used to weave cloth and tapestry. The basic purpose of any loom is to hold the warp threads under tension to facilitate the interweaving of the weft threads. The precise shape of the loom and its mechanics may vary, but t ...
s etc., in coordination with the state governments. Article 39A requires the State to provide free
legal aid Legal aid is the provision of assistance to people who are unable to afford legal representation and access to the court system. Legal aid is regarded as central in providing access to justice by ensuring equality before the law, the right to co ...
to ensure that opportunities for securing justice are available to all citizens irrespective of economic or other disabilities. Article 43A mandates the State to work towards securing the participation of workers in the management of industries. The State, under Article 46, is also mandated to promote the interests of and work for the economic uplift of the
scheduled castes and scheduled tribes The Scheduled Castes (SCs) and Scheduled Tribes (STs) are officially designated groups of people and among the most disadvantaged socio-economic groups in India. The terms are recognized in the Constitution of India and the groups are designa ...
and protect them from discrimination and exploitation. Several enactments, including two Constitutional amendments, have been passed to give effect to this provision. Article 44 encourages the State to secure a
uniform civil code The Uniform Civil Code (Hindi: समान नागरिक संहिता, IAST: Samāna Nāgarika Saṃhitā) is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless ...
for all citizens, by eliminating discrepancies between various personal laws currently in force in the country. However, this has remained a "dead letter" despite numerous reminders from the Supreme Court to implement the provision. Article 45 originally mandated the State to provide free and compulsory education to children between the ages of six and fourteen years, but after the 86th Amendment in 2002, this has been converted into a Fundamental Right and replaced by an obligation upon the State to secure childhood care to all children below the age of six.86th Amendment Act, 2002
.
Article 47 commits the State to raise the standard of living and improve public health, and prohibit the consumption of intoxicating drinks and drugs injurious to health. As a consequence, partial or total
prohibition Prohibition is the act or practice of forbidding something by law; more particularly the term refers to the banning of the manufacture, storage (whether in barrels or in bottles), transportation, sale, possession, and consumption of alcoholic ...
has been introduced in several states, but financial constraints have prevented its full-fledged application. The State is also mandated by Article 48 to organise agriculture and
animal husbandry Animal husbandry is the branch of agriculture concerned with animals that are raised for meat, fibre, milk, or other products. It includes day-to-day care, selective breeding, and the raising of livestock. Husbandry has a long history, starti ...
on modern and scientific lines by improving breeds and prohibiting slaughter of cattle. Article 48A mandates the State to protect the environment and safeguard the forests and wildlife of the country, while Article 49 places an obligation upon the State to ensure the preservation of monuments and objects of national importance. Article 50 requires the State to ensure the separation of judiciary from executive in public services, in order to ensure
judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...
, and federal legislation has been enacted to achieve this objective. The State, according to Article 51, must also strive for the promotion of international peace and security, and Parliament has been empowered under Article 253 to make laws giving effect to
international treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal perso ...
. duties were increased to eleven by the 86th Amendment in 2002, which added a duty on every parent or guardian to ensure that their child or ward was provided opportunities for education between the ages of six and fourteen years. The other fundamental duties obligate all citizens to respect the national symbols of India, including the constitution, to cherish its
heritage Heritage may refer to: History and society * A heritage asset is a preexisting thing of value today ** Cultural heritage is created by humans ** Natural heritage is not * Heritage language Biology * Heredity, biological inheritance of physical c ...
, preserve its composite culture and assist in its
defence Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industr ...
. They also obligate all Indians to promote the spirit of common brotherhood, protect the environment and public property, develop
scientific temper The term scientific temper is broadly defined as "a modest open-minded temper—a temper ever ready to welcome new light, new knowledge, new experiments, even when their results are unfavourable to preconceived opinions and long-cherished theor ...
, abjure violence, and strive towards excellence in all spheres of life. In case of violation of fundamental duties enshrined in the constitution by a citizen including
President President most commonly refers to: *President (corporate title) *President (education), a leader of a college or university *President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ful ...
,
Vice President A vice president, also director in British English, is an officer in government or business who is below the president (chief executive officer) in rank. It can also refer to executive vice presidents, signifying that the vice president is on t ...
,
Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** I ...
, parliament members, state legislative members, etc., it amounts to contempt of the constitution which is punishable under
Prevention of Insults to National Honour Act, 1971 The Prevention of Insults to National Honour Act, 1971 is an Act of the Parliament of India which prohibits the desecration of or insult to the country's national symbols, including the national flag, national emblem, national anthem, the co ...
. Supreme court has ruled that these fundamental duties can also help the court to decide the constitutionality of a law passed by the legislature. There is reference to such duties in international instruments such as the
Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal De ...
and
International Covenant on Civil and Political Rights The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty that commits nations to respect the civil and political rights of individuals, including the right to life, freedom of religion, freedom of speech, freedo ...
, and Article 51A brings the Indian constitution into conformity with these treaties. The fundamental duties noted in the constitution are as follows: It shall be the duty of every citizen of India — # To abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem; # To cherish and follow the noble ideals which inspired our national struggle for freedom; # To uphold and protect the sovereignty, unity, and integrity of India; # To defend the country and render national service when called upon to do so; # To promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic, and regional or sectional diversities; to renounce practices derogatory to the dignity of women; # To value and preserve the rich heritage of our composite culture; # To protect and improve the natural environment including forests, lakes, rivers, wildlife and to have compassion for living creatures; # To develop the scientific temper, humanism, and the spirit of inquiry and reform; # To safeguard public property and to abjure violence; # To strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavor and achievement; # Who is a parent or guardian, to provide opportunities for education to his child, or as the case may be, ward between the age of six to fourteen years.


Criticism and analysis

Children are now unemployed in hazardous environments, but their employment in hazardous jobs, prevalently as domestic help, violates the spirit of the constitution in the eyes of many critics and human rights advocates. 16.5 million children are in employment. India was ranked 88 out of 159 countries in 2005, according to the degree to which
corruption Corruption is a form of dishonesty or a criminal offense which is undertaken by a person or an organization which is entrusted in a position of authority, in order to acquire illicit benefits or abuse power for one's personal gain. Corruption m ...
is perceived to exist among public officials and politicians. The year 1990–1991 was declared as the "Year of Social Justice" in the memory of B.R. Ambedkar. The government provides free textbooks to students belonging to scheduled castes and tribes pursuing medicine and engineering courses. During 2002–2003, a sum of
Rs. Rupee is the common name for the currencies of India, Mauritius, Nepal, Pakistan, Seychelles, and Sri Lanka, and of former currencies of Afghanistan, Bahrain, Kuwait, Oman, the United Arab Emirates (as the Gulf rupee), British East Africa, B ...
 4.77 crore (47.7 million) was released for this purpose.Tayal, B.B. & Jacob, A. (2005), ''Indian History, World Developments and Civics'', p. A-45 In order to protect scheduled castes and tribes from discrimination, the government enacted the
Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (its correct name) was enacted by the Parliament of India to prevent atrocities and hate crimes against the scheduled castes and scheduled tribes. The Act is pop ...
, prescribing severe punishments for such actions. The ''Minimum Wages Act'' of 1948 empowers government to fix minimum wages for people working across the economic spectrum. The ''
Consumer Protection Act of 1986 The Consumer Protection Act,1986 (COPRA) was an Act by the Parliament of India elected to protect the interests of consumers in India.It was replaced by the Consumer Protection Act, 2019. It was made for the establishment of consumer councils ...
'' provides for the better protection of consumers. The ''Equal Remuneration Act'' of 1976 provides for equal pay for equal work for both men and women. The ''
Sampoorna Grameen Rozgar Yojana The Sampoorna Grameen Rozgar Yojana (English: Universal Rural Employment Programme) was a scheme launched by the Government of India to gain the objective of providing gainful employment for the rural poor. Panchayati Raj institutions. A system of elected village councils, known as
Panchayati Raj The Panchayat raj is a political system, originating from the Indian subcontinent, found mainly in India, Pakistan, Bangladesh, Sri Lanka, and Nepal. It is the oldest system of local government in the Indian subcontinent, and historical menti ...
covers almost all
states and territories of India India is a federal union comprising 28 states and 8 union territories, with a total of 36 entities. The states and union territories are further subdivided into districts and smaller administrative divisions. History Pre-indepen ...
. One-third of the total of number of seats have been reserved for women in Panchayats at every level; and in the case of
Bihar Bihar (; ) is a state in eastern India. It is the 2nd largest state by population in 2019, 12th largest by area of , and 14th largest by GDP in 2021. Bihar borders Uttar Pradesh to its west, Nepal to the north, the northern part of West Be ...
, half the seats have been reserved for women. The judiciary has been separated from the executive "in all the states and territories except Jammu and Kashmir and
Nagaland Nagaland () is a landlocked state in the northeastern region of India. It is bordered by the Indian states of Arunachal Pradesh to the north, Assam to the west, Manipur to the south and the Sagaing Region of Myanmar to the east. Its capital cit ...
." India supported the
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
in peace-keeping activities, with the
Indian Army The Indian Army is the land-based branch and the largest component of the Indian Armed Forces. The President of India is the Supreme Commander of the Indian Army, and its professional head is the Chief of Army Staff (COAS), who is a four- ...
having participated in 37 UN peace-keeping operations. The implementation of a
uniform civil code The Uniform Civil Code (Hindi: समान नागरिक संहिता, IAST: Samāna Nāgarika Saṃhitā) is a proposal in India to formulate and implement personal laws of citizens which apply on all citizens equally regardless ...
for all citizens has not been achieved owing to widespread opposition from various religious groups and
political parties A political party is an organization that coordinates candidates to compete in a particular country's elections. It is common for the members of a party to hold similar ideas about politics, and parties may promote specific ideological or pol ...
. The
Shah Bano case ''Mohd. Ahmad Khan v. Shah Bano Begum'' 985 (1) SCALE 767 = 1985 (3) SCR 844 = 1985 (2) SCC 556 = AIR 1985 SC 945 commonly referred to as the Shah Bano case, was a controversial maintenance lawsuit in India, in which the Supreme Court delivered ...
(1985–86) provoked a political firestorm in India when the Supreme Court ruled that Shah Bano, a Muslim woman who had been divorced by her husband in 1978 was entitled to receive
alimony Alimony, also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, Canada, New Zealand), spousal support (U.S., Canada) and spouse maintenance (Australia), is a legal obligation on a person to provide financial suppo ...
from her former husband under Indian law applicable for all Indian women. This decision evoked outrage in the Muslim community, which sought the application of the
Muslim personal law All the Muslims in India are governed by the Muslim Personal Law (Shariat) Application Act, 1937. This law deals with marriage, succession, inheritance and charities among Muslims. The Dissolution of Muslim Marriages Act, 1939 deals with the circ ...
and in response the Parliament passed the Muslim Women (Protection of Rights on Divorce) Act, 1986 overturning the Supreme Court's verdict. This act provoked further outrage, as jurists, critics and politicians alleged that the fundamental right of equality for all citizens irrespective of religion or gender was being jettisoned to preserve the interests of distinct religious communities. The verdict and the legislation remain a source of heated debate, with many citing the issue as a prime example of the poor implementation of Fundamental Rights. Per Article 38 (1), prompt rendering of the justice by courts is part of animating judiciary. Rendering prompt justice is the foremost purpose of the constitution as enshrined in the Preamble to the constitution also. However the judiciary is failing in this respect by causing inordinate delay considering time of rendering justice in a case arbitrarily is its constitutional liberty. Most of the fundamental rights are violated in courtrooms in either criminal cases or civil cases. Before they get into the court with their matters everyone should be aware of these 5 writs which are 1. Habeas Corpus , 2. Mandamus , 3. Certiorari, 4. Prohibition, 5. Quo Warranto.


Relationship between the Fundamental Rights, Directive Principles and Fundamental Duties

The Directive Principles have been used to uphold the Constitutional validity of legislations in case of a conflict with the Fundamental Rights. Article 31C, added by the 25th Amendment in 1971, provided that any law made to give effect to the Directive Principles in Article 39(b)–(c) would not be invalid on the grounds that they derogated from the Fundamental Rights conferred by Articles 14, 19 and 21. The application of this article was sought to be extended to all the Directive Principles by the 42nd Amendment in 1976, but the Supreme Court struck down the extension as void on the ground that it violated the basic structure of the Constitution. The Fundamental Rights and Directive Principles have also been used together in forming the basis of legislation for
social welfare Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet Basic needs, basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refe ...
. The Supreme Court, after the judgment in the '' Kesavananda Bharati'' case, has adopted the view of the Fundamental Rights and Directive Principles being complementary to each other, each supplementing the other's role in aiming at the same goal of establishing a welfare state by means of social revolution. Similarly, the Supreme Court has used the Fundamental Duties to uphold the Constitutional validity of statutes which seeks to promote the objects laid out in the Fundamental Duties. These Duties have also been held to be obligatory for all citizens, subject to the State enforcing the same by means of a valid law. The Supreme Court has also issued directions to the State in this regard, with a view towards making the provisions effective and enabling citizens to properly perform their duties.


See also

*
Fundamental Rights in India The Fundamental Rights in India enshrined in the III (Article 12-32) of the Constitution of India guarantee civil liberties such that all Indians can lead their lives in peace and harmony as citizens of India. These rights are known as "fund ...
* Writs in Indian law *
Human rights in India Human rights in India is an issue complicated by the country's large size and population as well as its diverse culture, despite its status as the world's largest sovereign, secular, democratic republic. The Constitution of India provides for Fun ...
*
Constitutional economics Constitutional economics is a research program in economics and constitutionalism that has been described as explaining the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economi ...
* Rule according to higher law


Notes


References


Footnotes


Bibliography

* * *


Further reading

* Date of ruling 15 December 1995 * * ''
Maneka Gandhi Maneka Sanjay Gandhi (also spelled Menaka; ''née'' Anand) (born 26 August 1956) is an Indian politician, animal rights activist, and environmentalist. She is a member of the Lok Sabha, the lower house of the Indian parliament and a member of ...
v. Union of India''; AIR 1978 S.C. 597, (1978). * * * Article 29 of ''Universal Declaration of Human Rights and International Covenant on Civil and Political Rights''.


External links

* * * {{DEFAULTSORT:Fundamental Rights, Directive Principles And Fundamental Duties Of India Constitution of India National human rights instruments