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Right to Constitutional Remedies

Part III of the Constitution provides for legal remedies for the
protection of these rights against their violation by the State or other
institutions/individuals. It entitles the citizens of India to move the
Supreme Court or High Courts for the enforcement of these rights. The
State is forbidden from making any law that may conflict with the
Fundamental Rights.
Fundamental rights are the rights that grant individuals equality in
every aspect irrespective of race, colour, caste, religion, birthplace, or
gender. These rights are mentioned under Articles 12 to 35 of the Indian
Constitution. There are pre-defined punishments in case of violation of
these rights upon the discretion of the judiciary.
Right to constitutional remedy is the part of fundamental rights
so it is the responsibility of the Supreme Court to exercise the Judicial
Review through writs or orders for the enforcement of fundamental
rights. The Supreme court has made the judicial process as a bulwark of
personal liberties.
That is, there is a right in India which states that a person can
move to Supreme court if he/she wants to get their fundamental rights
protected. This right comes under article 32 for Supreme court an article
226 for the high court. It is known as the right to constitutional
remedies. In this right, the Supreme court, as well as high court, is given
the power to instill the fundamental rights. Furthermore, the power can
be issued by local courts also to extend the rights. Although, there is
one act which comes under the military law known as the court-martial
which is exempted from this right.

Article 32. Remedies for enforcement of rights conferred by this

Part.
(1) The right to move the Supreme Court by appropriate proceedings
for the enforcement of the rights conferred by this Part is guaranteed.
(2) The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be appropriate,
for the enforcement of any of the rights conferred by this Part.
(3) Without prejudice to the powers conferred on the Supreme Court by
clauses (1) and (2), Parliament may by law empower any other court to

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exercise within the local limits of its jurisdiction all or any of the powers
exercisable by the Supreme Court under clause (2).
(4) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution.

“The Article 32 of the Constitution is the soul of the constitution

of India and it is also considered as the heart of the Indian Constitution
because in case of Right to life or any right which belongs to human
beings we only refer Article 32 of the Indian Constitution”.
Article 32 makes the Supreme Court the safeguard and
underwriter of the major rights. Further, the capacity to issue writs goes
under the original jurisdiction of the Apex Court. This implies an
individual may approach SC straightforwardly for a cure as opposed to
by appeal.
Article 32 can be used only to get a remedy for fundamental
rights enshrined in Article 12-35. It isn’t there for some other legal right
for which diverse laws are accessible.
One can not approach supreme court for remedy under article 32
on violation of his / her right to property because it is not a
fundamental right.

Writ

A writ is couched in the form of a letter or is percept in writing. It

is running in the name of the king, or state, or president, issued from
the justice court. So, this is sealed by its seal and addressed to an officer
of the law or directly to a person who is commanded for action by the
court.
Thus, this is done either during the commencement of the suit or
is incidental to its progress. It requires the performance of the
mentioned actor by giving the command to have it done.Writs are
written orders issued by the Supreme Court of India to provide
constitutional remedies to protect the fundamental rights of citizens
from a violation.
Article 32 also empowers Parliament to authorize any other court
to issue these writs. Before 1950, only the High Courts of Calcutta,
Bombay, and Madras had the power to issue the writs. Article 226
empowers all the high courts of India to issue the writs. Writs of India

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are borrowed from English law where they are known as ‘Prerogative
writs’
Writ Petition
A writ petition is essentially a court petition for extraordinary review,
asking a court to intervene in a lower court’s decision. Under the Indian
legal system, jurisdiction to issue ‘prerogative writs’ is given to the
Supreme Court and the High Courts of Judicature of all Indian states.
Parts of the law relating to writs are outlined in the Constitution of India.

Type of Writs
The Constitution empowers the Supreme Court and High Courts
to issue orders or writs. The types of writs are:
1. Habeas Corpus
2. Certiorari
3. Prohibition
4. Mandamus
5. Quo Warranto

Habeas Corpus
Introduction
Habeas Corpus is a writ that is enforced to protect the
fundamental right to liberty of an individual against unlawful detention.
This writ commands a public official to deliver a detained person in front
of the court and provide valid reasons for the detention. However, this
writ cannot be issued in case the proceeding is for contempt of a
legislature or a court.
Meaning:
This writ is in the nature of an order calling upon the person who
has detained another to produce the latter before the Court, in order to
let the Court, know on what ground he has been confined and to set
him free if there is no legal justification for the confinement.
It is one of the important writs for personal liberty which says
“You have the Body”. The main purpose of this writ is to seek relief from
the unlawful detention of an individual. It is for the protection of the
individual from being harmed by the administrative system and it is for
safeguarding the freedom of the individual against arbitrary state action
which violates fundamental rights under articles 19, 21 & 22 of the
Constitution. This writ provides immediate relief in case of unlawful
detention.

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The principle on which Habeas Corpus function is that a person

illegally detained in confinement without legal proceedings is entitled to
seek the remedy of habeas corpus.
While deciding whether Habeas Corpus writs are civil or criminal
in nature, it was held in Narayan v. Ishwarlal that the court would rely on
the way of the procedures in which the locale has been executed.
How a Writ of Habeas Corpus is filed?
 An application for habeas corpus can be made by any person on the
behalf of the prisoner/detenu as well as the prisoner/detenu himself.
 Even a letter to the judge mentioning illegalities committed on
prisoners in jail can be admitted. In Sunil Batra v. Delhi
Administration., a convict had written a letter to one of the Judges of
the Supreme Court alleging inhuman torture to a fellow convict. The
late justice Krishna Iyer treated this letter as a petition of habeas
corpus and passed appropriate orders.
 Courts can also act Suo motu in the interests of justice on any
information received by it from any quarter/source.
Habeas Corpus is not issued in certain cases
 Where the person who is detained or against whom the writ is
issued is not within the jurisdiction of the Court.
 To save the release of a person who has been imprisoned by a Court
for a criminal charge.
 To interfere with a proceeding for contempt by a Court of record or
by Parliament.

The first Habeas Corpus case of India was that in Kerala where it
was filed by the victims’ father as the victim P. Rajan who was a college
student was arrested by the Kerala police and being unable to bear the
torture he died in police custody. So, his father Mr T.V. Eachara Warrier
filed a writ of Habeas Corpus and it was proved that he died in police
custody.
Implication in Emergency: In the Landmark case of ADM Jabalpur
v. Shivakant Shukla which is also known as the Habeas Corpus case, it
was held that the writ of Habeas Corpus cannot be suspended even
during the emergency (Article 359).
Damages: The Court may also award exemplary damages. In Bhim
Singh v. State of Jammu & Kashmir , the Hon’ble Apex Court awarded
the exemplary damages of Rs.50,000/- (At that time this was a very
significant amount.

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Thus, writ of habeas corpus is a bulwark of personal liberty. It has

been described as “a great constitutional privilege” or “first security of
civil liberty”. The most quintessential element is a speedy and effective
remedy.

Writ of Certiorari
Introduction
The writ of certiorari is issued to a lower court directing that the
transfer of a case for review, usually to overrule the judgment of the
lower court. The Supreme Court issues the writ of Certiorari in case the
decision passed by the lower court is challenged by the party. It is
issued in case the higher court finds it a matter of over jurisdiction or
lack of jurisdiction. It is one of the mechanisms by which the
fundamental rights of the citizens are upheld.
Meaning:
The writ of certiorari issued to quash a decision after the decision
is taken by a lower tribunal while prohibition is issuable before the
proceedings are completed. The law has always been, that a writ of
certiorari is issued against the acts or proceedings of a judicial or quasi-
judicial body conferred with power to determine question affecting the
rights of subjects and obliged to act judicially.
The Purpose: of the writ of certiorari is not only negative in the
sense that it is used to quash an action but it contains affirmative action
as well. It is preventive as well as curative in nature. The power of judicial
review is not restricted where glaring injustice demands affirmative
action.
Ways in Which a Writ of Certiorari is Issued
Certiorari is not issued against purely administrative or ministerial orders
and that it can only be issued against judicial or quasi-judicial orders.
1. Either without any jurisdiction or in excess
2. In violation of the principles of Natural Justice.
3. In opposition to the procedure established by law.
4. If there is an error in judgement on the face of it

The conditions necessary for the issue of the writ of certiorari are:
1. Anybody of persons.
2. Having legal authority
3. To determine questions affecting the rights of subjects
4. Having the duty to act judicially.

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5. Act in excess of legal authority

The grounds on which the writ of certiorari may be issued are:

1. Error of Jurisdiction - Lack of jurisdiction.
2. Excess of jurisdiction.
a) Abuse of jurisdiction.
b) Error of law apparent on the face of the record.
c) Violation of principles of natural justice.

Landmark Cases On Writ of Certiorari

 In Naresh S. Mirajkar v. State of Maharashtra , it was said that High
Court’s judicial orders are open to being corrected by certiorari and
that writ is not available against the High Court.
 In the case of T.C. Basappa v. T. Nagappa & Anr., it was held by the
constitution bench that certiorari maybe and is generally granted
when a court has acted (i) without jurisdiction or (ii) in excess of its
jurisdiction.
 In Surya Dev Rai v. Ram Chander Rai & Ors., the Supreme Court has
explained the meaning, ambit and scope of the writ of Certiorari. It
was held that Certiorari is always available against inferior courts and
not against equal or higher court.
 In A.K. Kripak v. Union of India, it was held that the Supreme Court
should issue the writ of certiorari to quash the selection list of the
Indian Forest Service on the ground that one of the selected
candidates was the ex-officio member of the selection committee.

Prohibition
Prohibition is a writ issued by a higher court to a lower court to
enforce inactivity in the jurisdiction. It happens only in case the higher
court is of the discretion that the case falls outside the jurisdiction of the
lower court. Writ of Prohibition can only be issued against judicial and
quasi-judicial authorities.
A writ of prohibition, also known as a ‘stay order’, is issued to a
lower court or a body to stop acting beyond its powers. The basic
purpose is to secure that the jurisdiction of an inferior court or tribunal
is properly exercised and that it does not usurp the jurisdiction which it
does not possess. Thus, writ of prohibition is available during the
pendency of the proceedings and before the order is made. Prohibition

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is a writ of preventive nature. The principle of this is ‘Prevention is better

than cure’.

The writ of prohibition can be issued on the following grounds:

1. Absence or Excess of jurisdiction
2. Violation of the principles of natural justice
3. Unconstitutionality of a Statute
4. Infraction of Fundamental Rights.
Landmark Case Laws for Writ of Prohibition
 In the case of East India Commercial Co. Ltd v. Collector of Customs
a writ of prohibition was passed directing an inferior Tribunal
prohibiting it from continuing with the proceeding on the ground
that the proceeding is without or in excess of jurisdiction or in
contradiction with the laws of the land, statutes or otherwise.
 Also, it was held in the case of Bengal Immunity Co. Ltd , the
Supreme Court pointed out that where an inferior tribunal is shown
to have seized jurisdiction which does not belong to it than that
consideration is irrelevant and the writ of Prohibition has to be
issued as a right.

Mandamus
The writ of mandamus is issued to a subordinate court, an officer
of the government, or a corporation or other institution commanding
the performance of certain acts or duties. Unlike Habeas Corpus,
Mandamus cannot be issued against a private individual.
The writ of mandamus can be used to order the completion of a
task or in other cases, it may require an activity to be ceased.
“A writ issued by a court to compel performance of a particular
act by lower court or a governmental officer or body, to correct a prior
action or failure to act.” It is used for enforcement of various rights of
the public or to compel the public statutory authorities to discharge
their duties and to act within the bounds. It may be used to do justice
when there is wrongful exercise of power or a refusal to perform duties.
The rule of Locus Standi is strictly followed in while issuing writ of
mandamus. The petitioner has to prove that he has a right to enforce
public duty in his favour. The mandamus is “neither a writ of course nor
a writ of right but that it will be granted if the duty is in nature of public
duty and it especially affects the right of an individual, provided there is
no more appropriate remedy.”

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The necessary conditions for the issue of the writ of mandamus

are:
1. Error of jurisdiction = Lack of jurisdiction/ Excess of jurisdiction.
2. Jurisdictional facts
3. Violation of the principles of natural justice = Principles of Rule
against bias and Rule of Audi alterum partem
4. Error of law apparent on the face of record
5. Abuse of jurisdiction.

Conditions for Issue of Writ of Mandamus

 Their ought to be a legal right of the applicant for the performance
of the legal duty.
 The nature of the duty must be public. In The Praga Tools
Corporation v. C.V. Imanual, and Sohanlal v. Union of India,the
Supreme Court stated that mandamus might under certain
circumstances lie against a private individual if it is established that
he has colluded with a public authority.
 On the date of the petition, the right which is sought to be enforced
must be subsisting.
 The writ of Mandamus is not issued for anticipatory injury. But
Anybody who is likely to be affected by the order of a public officer
is entitled to bring an application for mandamus if the officer acts in
contravention of his statutory duty
Exceptions & Limitations (Mandamus)
In India, mandamus will lie not only against officers who are bound to
do a public duty but also against the Government itself as Article 226
and 361 provided that appropriate proceedings may be brought against
the Government concerned.
Further, Mandamus will not be granted against the following persons:
 The President or the Governor of a State, for the exercise and
performance of the powers and duties of his Office or for any act
done or purporting to be done by him in the exercise and
performance of those powers and duties. In India, it will not lie upon
the President and the Governor of a State in their personal capacities.
 Mandamus does not lie against a private individual or body whether
incorporated or not except where the State is in collusion with such
private party, in the matter of contravention of any provision of the
Constitution or a Statute or a Statutory Instrument.

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 It will not lie against the State legislature to prevent from

considering enacting a law alleged to be violative of constitutional
provisions.
 It will not lie against an inferior or ministerial officer who is bound to
obey the orders of his superiors.
 Inferior Courts: This writ is also available against inferior Courts or
other Judicial bodies when they have refused to exercise their
jurisdiction and thus to perform their duty.
 Alternate Remedy: Mandamus is not refused on the ground that
there is an adequate alternative remedy where the petitioner
complains that his fundamental right is infringed. In Rashid Ahmad v.
Municipal Board , it was held that in relation to Fundamental Rights
the availability of alternative remedy cannot be an absolute bar for
the issue of writ though the fact may be taken into consideration.
Hence the writ of mandamus is to protect the interest of the public from
the powers given to them to affect the rights and liabilities of the
people. This writ makes sure that the power or the duties are not
misused by the executive or administration and are duly fulfilled. It
safeguards the public from the misuse of authority by the administrative
bodies. Thus, Writ of Mandamus is a general remedy whenever justice
has been denied to any person.

Landmark Cases for Writ of Mandamus

 The courts are unwilling to issue writ of mandamus against high

dignitaries like the President and the Governors. In the case of S.P.
Gupta v. Union of India, judges were of the view that writ cannot be
issued against the President of India for fixing the number of judges
in High Courts and filling vacancies.
 In C.G. Govindan v. State of Gujarat, it was refused by the court to
issue the writ of mandamus against the governor to approve the
fixation of salaries of the court staff by the Chief Justice of High
Court under Article 229. Hence, it is submitted that the Governor or
the President means the state or the Union and therefore issuance
of mandamus cannot take place.

Quo-Warranto
The writ of Quo Warranto (by what warrant) is issued to inquire
about the legality of a claim by a person or authority to act in a public

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office, which he or she is not entitled to. The writ of Quo Warranto is a
mode of judicial control in the sense that the proceedings review the
actions of the administrative authority which appointed the person.
Quo warranto is issued against a person who claims or usurps a
public office. Through this writ, the court inquires ‘by what authority’ the
person supports his or her claim.
Through this writ, the court enquires into the legality of a claim of
a person to a public office. This writ prevents the illegal assumption of a
public office by an individual.
The writ is issued to the person ousting him from holding a public
post to which he has no right. It is used to try the civil right to a public
post. Accordingly, the use of the writ is made in cases of usurpation of a
public office and removal of such usurper. Conversely, it protects citizen
from being deprived of public office to which he may have a right. A
petition for the writ of Quo Warranto can be filed by any person though
he is not an aggrieved person.

The conditions necessary for the issue of a writ of Quo Warranto are:
1. The office must be public and it must be created by a statute or by
the constitution itself. In the case of Jamalpur Arya Samaj v. Dr D.
Ram , the writ was denied on the ground that writ of quo warranto
cannot lie against an office of a private nature. And also, it is
necessary that office must be of substantive character.
2. The office must be a substantive one and not merely the function or
employment of a servant at the will and during the pleasure of
another.
3. There has been a contravention of the Constitution or a statute or
statutory instrument, in appointing such person to that office.
4. The claim should be asserted on the office by the public servant i.e.
respondent.
The court issues the Writ of Quo Warranto in the following cases:
1. When the public office is in question and it is of a substantive nature.
A petition against a private corporation cannot be filed.
2. The office is created by the State or the Constitution.

Suspension of Fundamental Rights

 Fundamental rights can be suspended in the case of National
Emergency as mentioned under article 352.

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 The six fundamental rights under Article 19 are automatically

suspended in the case National Emergency is imposed on grounds
of war or external aggression which is stated under article 358.
 Article 359 has the clause for suspension of other rights. In that case,
a separate notification has to be issued by the President.
 The rights mentioned under Article 20 and 21 can never be
suspended.
 Constitutional emergency and financial emergency cannot affect the
Fundamental Rights.

Status of Writs in Other Countries

 The writs other than habeas corpus are discretionary remedies and
have been known as prerogative orders in England and Wales since
1938.
 The writs of quo warranto and procedendo are now obsolete. The
modified names of certiorari, mandamus, and prohibition are
mentioned under the new Civil Procedure Rules 1998 known as
quashing orders, mandatory orders, and prohibiting orders
respectively.
 Mandamus has been replaced by injunction in the United States
district courts.
 The Supreme Court of the United States grants certiorari while the
supreme court of other states grant review.

Limitations to Article 32

There are certain circumstances during which the citizens do not get the
privileges which they ought to under Article 32. Therefore, the situations
when the fundamental rights may be denied to the citizens but the
constitutional remedies will not be available i.e. Article 32 will not be
applicable are:
 Under Article 33, the Parliament is empowered to make changes in
the application of Fundamental Rights to armed forces and the
police are empowered with the duty to ensure proper discharge of
their duties.
 During the operation of Martial law in any area, any person may be
indemnified by the Parliament, if such person is in service of the
state or central government for the acts of maintenance or
restoration of law and order under Article 34.

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 Under Article 352 of the Constitution when an emergency is

proclaimed, the guaranteed Fundamental Rights of the citizens
remains suspended. Also, Fundamental Rights guaranteed under
Article 19 is restricted by the Parliament under Article 358 during the
pendency of an emergency.
 Article 359 confers the power to the President to suspend Article 32
of the Constitution. The order is to be submitted to the Parliament
and the Parliament may disapprove President’s order.

Article 32A. Constitutional validity of State laws not to be

considered in proceedings under article 32.
Omitted by the Constitution (Forty-third Amendment) Act, 1977, s. 3
(w.e.f. 13-4-1978).

By the Forty-third Constitutional Amendment in 1977, Article 32A

prohibited the Supreme Court from considering the constitutional
validity of State laws in writ proceedings for the enforcement of
Fundamental Rights. Article 226A placed a similar prohibition on High
Courts from considering the constitutional validity of Central laws.

Article 33. Power of Parliament to modify the rights conferred by

this Part in their application to Forces, etc.
Parliament may, by law, determine to what extent any of the rights
conferred by this Part shall, in their application to,—
(a) the members of the Armed Forces; or
(b) the members of the Forces charged with the maintenance of public
order; or
(c) persons employed in any bureau or other organisation established
by the State for purposes of intelligence or counter intelligence; or
(d) person employed in, or in connection with, the telecommunication
systems set up for the purposes of any Force, bureau or organisation
referred to in clauses (a) to (c), be restricted or abrogated so as to
ensure the proper discharge of their duties and the maintenance of
discipline among them.

Article 33 empowers the Parliament to restrict or abrogate the

fundamental rights of the ‘Members of the Armed Forces’, paramilitary
forces, police forces, intelligence agencies and analogous forces.

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The objective of this provision is to ensure the proper discharge

of their duties and the maintenance of discipline among them. The
power to make laws under Article 33 is conferred only on Parliament
and not on state legislatures. Any such law made by Parliament cannot
be challenged in any court on the ground of contravention of any of the
fundamental rights. The ‘members of the armed forces’ also covers non-
combatant employees of the armed forces such as barbers, carpenters,
mechanics, cooks, chowkidars, bootmakers and tailors.

Article 34. Restriction on rights conferred by this Part while martial

law is in force in any area.
Notwithstanding anything in the foregoing provisions of this Part,
Parliament may by law indemnify any person in the service of the Union
or of a State or any other person in respect of any act done by him in
connection with the maintenance or restoration of order in any area
within the territory of India where martial law was in force or validate
any sentence passed, punishment inflicted, forfeiture ordered or other
act done under martial law in such area.

Article 34 provides for the restrictions on fundamental rights

while martial law is in force in any area within the territory of India. The
expression ‘martial law’ has not been defined anywhere in the
Constitution but literally, it means ‘military rule’. The martial law is
imposed under extraordinary circumstances like war, invasion,
insurrection, rebellion, riot or any violent resistance to law.
Article 34 empowers the Parliament to indemnify (compensate)
any government servant or any other person for any act done by him in
connection with the maintenance or restoration of order in any area
where martial law was in force.
The Act of Indemnity made by the Parliament cannot be
challenged in any court on the ground of contravention of any of the
fundamental rights
The Supreme Court held that the declaration of martial law does
not ipso facto result in the suspension of the writ of habeas corpus. The
declaration of a martial law under Article 34 is different from the
declaration of a national emergency under Article 352.

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Art 34 is an enabling provision to allow Parliament to pass laws

indemnifying the armed forces against prosecution for any acts they
may have committed when Martial Law is in force.
Article 34 of the Constitution is one of the few provisions that was
not part of the Draft Constitution 1948. It was introduced and debated
in the Assembly towards the end of the constitution-making process on
14 and 16 November 1949. The Article restricted fundamental rights
during the operation of martial law by giving officers of the state certain
powers

Article 35. Legislation to give effect to the provisions of this Part.—

Notwithstanding anything in this Constitution,—
(a) Parliament shall have, and the Legislature of a State shall not have,
power to make laws—
(i) with respect to any of the matters which under clause (3) of article 16,
clause (3) of article 32, article 33 and article 34 may be provided for by
law made by Parliament; and
(ii) for prescribing punishment for those acts which are declared to be
offences under this Part, and Parliament shall, as soon as may be after
the commencement of this Constitution, make laws for prescribing
punishment for the acts referred to in sub-clause (ii);
(b) any law in force immediately before the commencement of this
Constitution in the territory of India with respect to any of the matters
referred to in sub-clause (i) of clause (a) or providing for punishment for
any act referred to in sub-clause (ii) of that clause shall, subject to the
terms thereof and to any adaptations and modifications that may be
made therein under article 372, continue in force until altered or
repealed or amended by Parliament.
Explanation.—In this article, the expression “law in force” has the same
meaning as in article 372.

Article 35 lays down that the power to make laws, to give effect to
certain specified fundamental rights shall vest only in the Parliament
and not in the state legislatures.
Powers of Parliament (only) to Make Laws:
 Prescribing residence as a condition for certain employment or
appointments in a state/UT/local or any other authority.

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 Empowering courts other than the Supreme Court and the high
courts to issue directions, orders and writs for the enforcement of
fundamental rights.
 Restricting or abrogating the application of Fundamental Rights to
members of armed forces, police forces, etc.
 Indemnifying any government servant or any other person for any
act done during the operation of martial law in any area.
 The Parliament has powers to make laws prescribing punishment for
offences such as untouchability and traffic in human beings and
forced labour.
 Article 35 extends the competence of the Parliament to make a law
on the specified matters even those matters which may fall within
the sphere of the state legislatures (i.e., State List).
Conclusion
The Fundamental Rights, despite having a lot of exceptions &
restrictions and lack of permanency, are a crucial part of the
Constitution of India as:
 They provide necessary conditions for the material and moral
protection of man and ensure the liberty of every individual.
 These rights protect the interests of minorities and weaker sections
of society and also strengthen the notion of India as a secular State.
They ensure the dignity and respect of individuals by laying down the
foundation of social equality and justice.

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CONSTITUTIONAL
LAW

By

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SYLLABUS..................................................................................................................................................3
Unit - V............................................................................................................................................... 4
Directive Principles of State Policy........................................................................................ 5
Directive Principles of State Policy – Classification............................................................. 7
Significance of DPSP............................................................................................................. 16
Conflict between DPSP and fundamental rights............................................................... 18
Fundamental Duties.............................................................................................................. 20

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SYLLABUS
Unit - I: Constitution-Meaning and Significance - Evolution of Modern
Constitutions - Classification of Constitutions- Indian Constitution -
Historical Perspectives - Government of India Act, 1919-Government of
India Act, 1935-Drafting of Indian Constitution - Role of Drafting
Committee of the Constituent Assembly.

Unit - II: Nature and Salient Features of Indian Constitution - Preamble

to Indian Constitution - Union and its Territories-Citizenship - General
Principles relating to Fundamental Rights(Art.13) - Definition of State.

Unit - III: Right to Equality(Art.14-18) – Freedoms and Restrictions

under Art.19 - Protection against Ex-post facto law - Guarantee against
Double Jeopardy - Privilege against Self-incrimination - Right to Life
and Personal Liberty - Right to Education – Protection against Arrest
and Preventive Detention.

Unit - IV: Rights against Exploitation - Right to Freedom of Religion -

Cultural and Educational Rights - Right to Constitutional Remedies -
Limitations on Fundamental Rights(Art.31-A,B and C).

Unit - V: Directive Principles of State Policy – Significance – Nature –

Classification - Application and Judicial Interpretation - Relationship
between Fundamental Rights and Directive Principles - Fundamental
Duties – Significance - Judicial Interpretation.

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Unit - V

Directive Principles of State Policy – Significance – Nature –

Classification - Application and Judicial Interpretation - Relationship
between Fundamental Rights and Directive Principles - Fundamental
Duties – Significance - Judicial Interpretation

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Directive Principles of State Policy

The Directive Principles of State Policy (DPSP) has been taken

from the Irish constitution and enumerated in Part IV of the Indian
Constitution.
The concept behind the DPSP is to create a ‘Welfare State’. In
other words, the motive behind the inclusion of DPSP is not establishing
political democracy rather, it’s about establishing social and economic
democracy in the state. These are some basic principles or instructions
or guidelines for the government while formulating laws/policies of the
country and in executing them.
According to Dr B R Ambedkar, these principles are ‘novel
features’ of the Constitution. DPSP acts as a guideline for the state and
should be taken into consideration while coming up with some new
policy or any law. But no one can compel the State to consider and
follow all that which is mentioned in DPSP, as DPSP is not justiciable.

History
The source of the concept of DPSP is the Spanish Constitution
from which it came in the Irish Constitution. The makers of the Indian
Constitution were very much influenced by the Irish nationalist
movement and borrowed this concept of DPSP from the Irish
Constitution in 1937.
The Government of India Act also had some instructions related
to this concept which became an important source of DPSP at that time.
The Directive Principles of the Constitution of India have been greatly
influenced by the Directive Principles of Social Policy. The Indians who
were fighting for the independence of India from the British rule were
greatly influenced by the movements and independence struggles of
Ireland at that time, to free themselves from the British rule and move
towards the development of their constitution.
DPSP become an inspiration for independent India’s government
to tackle social, economic and various other challenges across a diverse
nation like India.
DPSP and Fundamental Rights
DPSP and fundamental rights have a common origin. The Nehru
Report of 1928 contained the Swaraj Constitution of India which
contained some of the fundamental rights and some other rights such
as the right to education which were not enforceable at that time.

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The Sapru Committee in 1945 suggested two categories of

individual rights. One being justiciable and the other being non-
justiciable rights.
Justifiable rights, the one which was enforceable in a court of law
and included in Part III of the Constitution. On the other hand, Non-
justifiable rights were listed as directive principles, which are just there
to guide the state to work on the lines for making India a welfare state.
They were included in part IV of the Constitution of India as Directive
Principles of State Policy.
The Constituent Assembly was given the task of making a
constitution for India. The assembly composed of elected
representatives and Dr. Rajendra Prasad was elected as its President.
Both the Fundamental Rights and the DPSP were enlisted in all
the drafts of the constitution (I, II and III) prepared by the Drafting
Committee whose chairman was Dr. B.R. Ambedkar.
The Directive Principles of the State Policy (DPSP) are the
guidelines for the state which it must consider while formulating new
laws and policies and it lay down all the objectives which the
Constitution seeks to achieve.
The expression “Justice – Social, economic and political” that is
mentioned in the preamble is the ultimate aim that has to be achieved
through the formulation of the DPSP.
DPSP are enlisted to attain this ultimate aim as mentioned in the
preamble i.e. Justice, Liberty, Equality and fraternity are also known as
the four pillars of the Indian Constitution. It also enlists the idea of the
welfare state which was absent under the colonial rule.

Features
 DPSP are not enforceable in a court of law.
 They were made non-justifiable considering that the State may not
have enough resources to implement all of them or it may even
come up with some better and progressive laws.
 It consists of all the ideals which the State should follow and keep in
mind while formulating policies and enacting laws for the country.
 The DPSPs are like a collection of instructions and directions, which
were issued under the Government of India Act, 1935, to the
Governors of the colonies of India.
 It constitutes a very comprehensive economic, social and political
guidelines or principles and tips for a modern democratic State that

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aimed towards inculcating the ideals of justice, liberty, equality and

fraternity as given in the preamble. The Preamble consists of all the
objectives that needs to be achieved through the Constitution.
 Adding DPSP was all about creating a “welfare state” which works
for the individuals of the country which was absent during the
colonial era.

Directive Principles of State Policy – Classification

Indian Constitution has not originally classified DPSPs but on the

basis of their content and direction, they are usually classified into three
types-
 Socialistic Principles (Art. 38, 39, 41,42, 43, 43A, 47)
 Gandhian Principles (Art. 40, 43, 43B, 46, 47, 48)
 Liberal-Intellectual Principles (Art. 44, 45, 48, 48A, 49, 50, 51)
Socialist principles: These principles follow the ideology of “Socialism”
and lay down the framework of India. Its ultimate aim is to provide
social and economic justice to all its citizens so that the state can fulfil
the criteria required for a welfare state. The articles in DPSP which
follows the socialist principles are – Article 38, Article 39, Article 39 A,
Article 41, Article 42, Article 43, Article 43 A and Article 47.
Gandhian Principles: These principles reflect the programme of
reconstruction ideology propagated by Gandhi throughout the national
movement. In order to fulfil his dreams, some of his concepts have been
included in the form of DPSP. They direct the State through these
articles – Article 40, Article 43, Article 43 B, Article 46, Article 47 and
Article 48.
Liberal-intellectual Principles: These principles follow the ‘Liberalism’
ideology. The articles which follow this approach in DPSP are – Article 44,
Article 45, Article 48, Article 48 A, Article 49, Article 50 and Article 51.

Facts about Directive Principles of State Policy:

1. A new DPSP under Article 38 was added by the 44th Amendment
Act of 1978, which requires the State to minimise inequalities in
income, status, facilities and opportunities.
2. The 86th Amendment Act of 2002 changed the subject-matter of
Article 45 and made elementary education a fundamental right
under Article 21A. The amended directive requires the State to

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provide early childhood care and education for all children until they
complete the age of 14 years.
3. A new DPSP under Article 43B was added by the 97th Amendment
Act of 2011 relating to co-operative societies. It requires the state to
promote voluntary formation, autonomous functioning, democratic
control and professional management of co-operative societies.
4. The Indian Constitution under Article 37 makes it clear that ‘DPSPs
are fundamental in the governance of the country and it shall be the
duty of the state to apply these principles in making laws.’
Criticism of Directive Principles of State Policy
As a point of debate, the following reasons are stated for the criticism of
Directive Principles of State Policy:
1. It has no legal force
2. It is illogically arranged
3. It is conservative in nature
4. It may produce constitutional conflict between centre and state

Part IV
DIRECTIVE PRINCIPLES OF STATE POLICY
Part 4 of the Indian Constitution comprising of 20 sections commencing
from article 36 to 51 consists of all the DPSP (Directive Principles of
State Policy).

Article 36. Definition.

In this Part, unless the context otherwise requires, “the State” has the
same meaning as in Part III.

Article 36 of Part IV defines the term “State” as the one, who has
to keep in mind all the DPSP before formulating any policy or law for
the country. The definition of “State” in the part IV will be the same as
that of Part III, unless the context otherwise requires a change in it.
The state means the government, the parliament of India,
Legislature of various states, and all the other local authorities that are
within Indian Territory and are under the control of the Indian
Government.

Article 37. Application of the principles contained in this Part.

The provisions contained in this Part shall not be enforceable by any
court, but the principles therein laid down are nevertheless fundamental

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in the governance of the country and it shall be the duty of the State to
apply these principles in making laws.

In Article 37 the nature of DPSP has been defined. DPSPs are non-
justiciable.
This Article says that, the provisions mentioned in this part shall
not be enforceable in any court and the principles laid down in this part
are fundamental for the governance of the country. The State must
make laws according to it because the ultimate aim of the State is the
welfare of its citizens.

Article 38. State to secure a social order for the promotion of

welfare of the people
(1) The State shall strive to promote the welfare of the people by
securing and protecting as effectively as it may a social order in which
justice, social, economic and political, shall inform all the institutions of
the national life.
(2) The State shall, in particular, strive to minimise the inequalities in
income, and endeavour to eliminate inequalities in status, facilities and
opportunities, not only amongst individuals but also amongst groups of
people residing in different areas or engaged in different vocations.

Article 38 to 51 contains all the different DPSP’s.

Article 38 talks about Social, Political and Economic Justice. It
directs that the State should secure a social order which provides social,
political and economic justice to all its citizens. Article 38(2) says that
state shall reduce the inequalities faced by the people on the grounds
like income, status, facilities, opportunities, etc.

Article 39. Certain principles of policy to be followed by the State.

The State shall, in particular, direct its policy towards securing—
(a) that the citizens, men and women equally, have the right to an
adequate means of livelihood;
(b) that the ownership and control of the material resources of the
community are so distributed as best to subserve the common good;
(c) that the operation of the economic system does not result in the
concentration of wealth and means of production to the common
detriment;
(d) that there is equal pay for equal work for both men and women;

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(e) that the health and strength of workers, men and women, and the
tender age of children are not abused and that citizens are not forced
by economic necessity to enter avocations unsuited to their age or
strength;
(f) that children are given opportunities and facilities to develop in a
healthy manner and in conditions of freedom and dignity and that
childhood and youth are protected against exploitation and against
moral and material abandonment.

Article 39 mentions all the Principles of policy which must be followed

by the State. The State shall make its policies towards securing the
following objectives—
 All the men, women and citizens should have the right to an
adequate means of livelihood
 The ownership and control of the people over any material
resources under the community should be distributed as it is for the
common good of the public;
 The functioning of the economic system should be such that the
concentration of wealth and the means of production don’t result in
a loss common to all or which causes detriment to the citizens;
 There shall be no gender discrimination, both men and women
should get equal pay for equal work.
 The health and strength possessed by any worker, men and women,
and the tender age of children should not be abused and the
citizens should not be forced to enter and indulge into any
occupation or profession which is not suitable for their age or
strength, not even out of any financial necessity or economic
backwardness
 Children must be given enough opportunities and facilities so that
they develop in a healthy manner and in such conditions where their
freedom and dignity, including the fact that their childhood and
youth remain protected, against any form of exploitation and
against any sort of moral and material abandonment.

Article 39A. Equal justice and free legal aid.

The State shall secure that the operation of the legal system promotes
justice, on a basis of equal opportunity, and shall, in particular, provide
free legal aid, by suitable legislation or schemes or in any other way, to
ensure that opportunities for securing justice are not denied to any

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citizen by reason of economic or other disabilities.

Article 39A talks about Free Legal aid. It says that the State shall
promote justice with the aim of administering Justice on the basis of
equal opportunity, and shall provide free legal aid through any suitable
legislation or schemes which State may think fit ,or, in any other way, so
that it could ensure that the opportunities for securing justice are not
denied to any citizen because of economic backwardness or any other
kind of disabilities.

Article 40. Organisation of village panchayats.

The State shall take steps to organise village panchayats and endow
them with such powers and authority as may be necessary to enable
them to function as units of self-government.

Article 40 deals with the Organization of Panchayats. It says that

the state shall organize Panchayat system and should grant them such
powers which would be necessary for the functioning as units of the
self-government system. The essential features of Panchayati Raj
Institutions must impart certainty, continuity and strength to them. The
respective state government must handle the system well and organise
the governments at the village level for the betterment of the society
and rural areas.
The 73rd and 74th amendments of the constitution which are
related to Panchayati Raj and Municipal Corporations respectively, later
ended up as the constitutionally backed framework for the principle
mentioned in Part IV.

Article 41. Right to work, to education and to public assistance in

certain cases.
The State shall, within the limits of its economic capacity and
development, make effective provision for securing the right to work, to
education and to public assistance in cases of unemployment, old age,
sickness and disablement, and in other cases of undeserved want.

Article 41 talks about Welfare Government. It says that state shall

make some effective provisions for securing the right to work, etc. and
in cases of unemployment, old age, disablement or any other cases
acting in its economic capacity & development it shall provide public

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assistance. This article is employed as a tenet for numerous social sector

schemes like social assistance program, right to food security, old-age
pension scheme, MGNREGA, etc.

Article 42. Provision for just and humane conditions of work and
maternity relief.
The State shall make provision for securing just and humane conditions
of work and for maternity relief.

Article 42 talks about Securing just and humane work and

maternity relief. It says that state shall create some provisions so that
the citizens get easy, just and humane conditions for working. It shall
also provide maternity relief for the women.

Article 43. Living wage, etc., for workers

The State shall endeavour to secure, by suitable legislation or economic
organisation or in any other way, to all workers, agricultural, industrial or
otherwise, work, a living wage, conditions of work ensuring a decent
standard of life and full enjoyment of leisure and social and cultural
opportunities and, in particular, the State shall endeavour to promote
cottage industries on an individual or co-operative basis in rural areas.

Article 43 talks about Fair wages and a decent standard of life. It

says that the state can endeavor to secure by appropriate legislation or
economic organization to all the workers employed in agricultural,
industrial or otherwise, work, a living wage, conditions of work, ensuring
a decent standard of life and enjoyment of leisure and social-cultural
opportunities and promote cottage industries on an individual or
cooperative basis in rural and remote areas of the country.

Article 43A. Participation of workers in management of industries.

The State shall take steps, by suitable legislation or in any other way, to
secure the participation of workers in the management of undertakings,
establishments or other organisations engaged in any industry.

This article was inserted in the Constitution of India by the Forty-

second Amendment Act, 1976 of the Constitution. Under this article, the
state is conferred with the power to bring in suitable legislation or apply
some other way so as to promote worker’s participation in the

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management of industrial undertakings. The said article is contained

under the part VI of the constitution which comprises the provisions of
the Directive Principles of State Policy of India.

Article 43B. Promotion of co-operative societies.

The State shall endeavour to promote voluntary formation, autonomous
functioning, democratic control and professional management of co-
operative societies.

Article 43B deals with the promotion of cooperatives. It was

inserted by the 97th amendment act in 2011. It says that state shall
endeavor to promote the management of the co-operative societies to
help the people who are engaged in the same.

Article 44.Uniform civil code for the citizens.

The State shall endeavour to secure for the citizens a uniform civil code
throughout the territory of India.

A Uniform Civil Code means that all sections of the society irrespective
of their religion shall be treated equally according to a national civil
code, which shall be applicable to all uniformly.

Article 45. Provision for early childhood care and education to

children below the age of six years.
The State shall endeavour to provide early childhood care and
education for all children until they complete the age of six years.

Article 45 contains the Provision for free and compulsory

education for the children in the country. The State shall make laws to
provide free and compulsory education for the children until they are 14
years old within a period of 10 years from the date of commencement
of this provision in the Constitution. This provision was incorporated by
the virtue of the 86th Amendment, 2002 in the Constitution of India.

Article 46. Promotion of educational and economic interests of

Scheduled Castes, Scheduled Tribes and other weaker sections.
The State shall promote with special care the educational and economic
interests of the weaker sections of the people, and, in particular, of the
Scheduled Castes and the Scheduled Tribes, and shall protect them from

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social injustice and all forms of exploitation.

Article 46 deals with the Protection of SCs, STs, weaker sections

from exploitation. The State shall promote with special care including
the educational and economic interests of the weaker sections of the
society i.e. the SCs and the STs and shall make provisions to protect
them from all forms of exploitation which includes social injustice.

Article 47. Duty of the State to raise the level of nutrition and the
standard of living and to improve public health.
The State shall regard the raising of the level of nutrition and the
standard of living of its people and the improvement of public health as
among its primary duties and, in particular, the State shall endeavour to
bring about prohibition of the consumption except for medicinal
purposes of intoxicating drinks and of drugs which are injurious to
health.

Article 47 talks about Nutrition, Standard of living and public

health. It says that the State shall look into the matter of raising the
level of nutrition and the standard of living of its people and it is the
duty of the State to keep a check on the improvement of public health.
The State shall endeavor to prohibit the consumption of intoxicating
drinks and drugs which are injurious to health except for medicinal
purposes.
There are many social development programmes such as National
Health Mission, Mid Day Meal Scheme, etc. which target the
marginalized sections of the society i.e women, children, weaker
sections etc. are inspired by this DPSP.

Article 48. Organisation of agriculture and animal husbandry.

The State shall endeavour to organise agriculture and animal husbandry
on modern and scientific lines and shall, in particular, take steps for
preserving and improving the breeds, and prohibiting the slaughter, of
cows and calves and other milch and draught cattle.

Article 48 talks about Scientific agriculture and animal husbandry.

It says that the State shall endeavor to organize agriculture and animal
husbandry using modern methods and scientific techniques which make
people more advanced and helps in earning their livelihood easily and

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State shall take some progressive steps for preserving and improving
the existing breeds and prohibiting the slaughter of cows and other
cattle.

Article 48A. Protection and improvement of environment and

safeguarding of forests and wild life.
The State shall endeavour to protect and improve the environment and
to safeguard the forests and wild life of the country.

Article 48A talks about the Environment and Wildlife Protection. The
State shall endeavour to protect and improve the environment and
surroundings. And to safeguard the forests and wildlife of the country
to make the environment sustainable.

Article 49. Protection of monuments and places and objects of

national importance.
It shall be the obligation of the State to protect every monument or
place or object of artistic or historic interest, declared by or under law
made by Parliament to be of national importance, from spoliation,
disfigurement, destruction, removal, disposal or export, as the case may
be.

Article 49 talks about Protection of monuments and places and

objects of national importance. It shall be the duty of the State to
protect every monument or place or any object of historic or artistic
interest which has some national importance, from any form of
disfigurement, destruction, etc.

Article 50. Separation of judiciary from executive.

The State shall take steps to separate the judiciary from the executive in
the public services of the State.

Article 50 talks about Separation of Judiciary from the Executive.

There should be a line between the judiciary and the executive body of
the Government in the public services of the State as it makes it easier if
both do not interfere in each other’s work and function independently.

Article 51. Promotion of international peace and security

The State shall endeavour to—

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(a) promote international peace and security;

(b) maintain just and honourable relations between nations;
(c) foster respect for international law and treaty obligations in the
dealings of organised peoples with one another; and
(d) encourage settlement of international disputes by arbitration.

Article 51 of the Indian Constitution is a directive principle which

focuses on the promotion of international peace and security. It is the
duty of the State to promote international peace and security, try it’s
best to maintain just and honourable relations between all the nations,
facilitate respect for international law and treaties in dealing with other
organized people and encourage settlement of international disputes by
arbitration.
Article 51 is to be read with Article 37 of the Indian Constitution.
Article 37 mentions that the provisions contained in part IV of the
Constitution shall not be enforceable in any court, but still those are
crucial in the governance of the country. Therefore, these provisions
have been provided because it’s the duty of the state to ensure that
these principles are applied while making laws.

Significance of DPSP

 Directive Principles are non-justiciable but these are backed by vox

populi (voice of the people), which is the real sanction behind every
law in reality.
 DPSP gives the philosophical foundations of a welfare system. These
principles makes it a responsibility of the State to secure it through
welfare legislation.
 Their nature is more of moral ideals. They constitute a moral code
for the State but this does not reduce their value as moral principles
are very important and the absence of it may hamper the growth of
a society. A state is run by its people and the Government is always
formed and managed by them, so it’s really important to have a set
of standards for making laws in the country.
 Directive Principles act as a guide for the government which helps
them in making policies and laws for the purpose of securing justice
and welfare in the State.

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 DPSP are like a source of continuity in the Governance of the

country because in a democratic system, the Governments change
after regular elections and every new government makes different
policies and laws for the country. The presence of such guidelines is
really important because it ensures that every Government will
follow the set of principles in the form of DPSP while formulating its
laws.
 Directive Principles can be called as the positive directions for the
State which helps in securing social and economical dimensions of
democracy. DPSP are supplementary to Fundamental Rights which
offers political rights and other freedoms. They both are nothing
without each other as one provides social and economic democracy
and the other, political rights.
 Directive Principles of State Policy make it possible for people to
measure the worth of a government and its working. A Government
which doesn’t consider these principles can be rejected on this
ground by the people in favour of a government which gives due
importance to the task of securing these Directive Principles in the
state.
 The Directive Principles constitute a manifesto of a Nation. These
reflect the ideas and views which were there in the mind of the
drafters while drafting the constitution. These reflected the
philosophy behind the making of the Constitution and hence
provide useful information to the courts in interpreting the existing
provisions in the Constitution and in coming up with better laws and
policies.
 The Directive Principles do not seem to be very rigid in their
meanings and this helps the State in interpreting and applying these
principles in accordance with the situation prevailing at a given time.
 Thus, the inclusion of Part IV which contains the Directive Principles
of State Policy proved to be very useful for the country. The
Directive Principles provide good foundations for welfare state. The
securing of Directive Principles helped in completing the
requirements of a democratic system. It supplemented the
Fundamental Rights of the people and built a State characterized by
these four pillars – Justice, Liberty, Equality, and Fraternity.
Criticism of Directive Principles of State Policy
 Some of its critics hold that these principles don’t carry any
importance as their violation can’t be challenged in the courts.

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 The Directive Principles are a mere declaration of the instructions

which are to be observed and secured by the State at will. but the
Constitution neither makes them justiciable nor it mentions any limit
to what extent it can be secured.
 These are neither consistently explicit nor properly classified. These
appear to be a collection of instructions which are only based on
morals and a State can’t rely merely on morals for its working.
 Several Directives lack clarity and they have been repeated at
different places.
 The Directive to push international peace and friendly relations
among all the nations is just a declaration but the real issue is the
securing part of it for which nothing has been given.
 Part IV includes some directives which are not complete in actual
observation. The ideal is to introduce prohibition but this ideal
cannot be really and effectively realised. The states which introduced
prohibition had to scrap it later on.
 Most of the Directive Principles are based on old and foreign
philosophy which have lost its relevance now.
 Many critics hold that the Preamble should also enlists all these
goals which are given under DPSP and their description in Part IV
has made things more complicated and complex than it was before.
 Directive principles just create an impression about the usage of the
legitimate power by the State and the motive is to gain support
through promise-making and not through inaction.

Conflict between DPSP and fundamental rights

 Fundamental Rights and the DPSP are supplementary to each other

and are essential to meet the social and economic dimensions of a
democratic government.
 The conflict between Fundamental Rights and DPSP often arises as
sometimes it has been seen, by various legislations, that DPSP have
wider scope than the Fundamental Rights. The Fundamental Rights
are the rights which are enforceable by the Courts and any law that
is in contravention to the provisions mentioned in Part III are ultra
vires.
 On the other hand, the DPSP are not enforceable in any Court of
Law and nothing can be declared as void merely because it is
against the provisions given under the DPSP.

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 In the case of State of Madras v. Champakam, the Supreme Court

held the Fundamental rights are superior to the DPSP saying that the
Fundamental Rights under Part III prevails over DPSP in case of any
conflict between them.
 In the landmark judgment given by the Supreme Court in the Golak
Nath case, it was held that the provisions mentioned under Part III as
Fundamental Rights cannot be undermined just to implement the
provisions given under Part IV which enlists some important
guidelines for the State in the form of the DPSP.
 The Constitution was amended in the year 1971 and through this
amendment, Article 31C was incorporated in the Constitution. It
confers wider importance on the DPSP.
 In the Minerva Mills case, the Supreme Court restricted this wide
scope which was conferred on the DPSP under Article 31C by
making the following changes:
 It restored Article 31C to its pre-1976 position. A law would be
protected by Article 31C only in the case if it has been made to
implement the Article 39 (b) and Article39 (c) of the DPSP and not
any of the other directive included in Part IV.
 There is a fine balance in the Constitution between the DPSP and the
Fundamental Rights, which should be adhered by the Courts
without placing any of them as superior.
 DPSP covers the Articles 36-51 in Part IV of the constitution.
 It mentions protection of women of the country, environmental
conservation, rural growth and development, decentralisation of
power, uniform civil code, etc. which are considered some of the
essentials in making laws for a “welfare state”.
 Although non-justiciable, they provide a set of guidelines for the
Government for its functioning in the country.

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Fundamental Duties

The fundamental duties which were added by the 42nd

Amendment Act of the Constitution in 1976, in addition to creating and
promoting culture, also strengthen the hands of the legislature in
enforcing these duties vis-a-vis the fundamental rights.
42nd Amendment Act of 1976 added 10 Fundamental Duties to
the Indian Constitution. 86th Amendment Act 2002 later added 11th
Fundamental Duty to the list. Swaran Singh Committee in 1976
recommended Fundamental Duties, the necessity of which was felt
during the internal emergency of 1975-77. The Fundamental Duties are
dealt with Article 51A under Part-IV A of the Indian Constitution.

Important points on Fundamental Duties

 Fundamental duties are applicable only to citizens and not to the
aliens.
 India borrowed the concept of Fundamental Duties from the USSR.
 The inclusion of Fundamental Duties brought our Constitution in line
with article 29 (1) of the Universal Declaration of Human Rights and
with provisions in several modern Constitutions of other countries.
 Out of the ten clauses in article 51A, six are positive duties and the
other five are negative duties. Clauses (b), (d), (f), (h), (j) and (k)
require the citizens to perform these Fundamental Duties actively.
 It is suggested that a few more Fundamental Duties, namely, duty to
vote in an election, duty to pay taxes and duty to resist injustice may
be added in due course to article 51A in Part IVA of the Constitution.
 It is no longer correct to say that Fundamental Duties enshrined in
article 51A are not enforceable to ensure their implementation and
are a mere reminder. Fundamental Duties have the element of
compulsion regarding compliance.
 A number of judicial decisions are available towards the
enforcement of certain clauses under Article 51A.
Features:
The features of Fundamental duties are as follows:
1. Both moral and civic duties have been laid down under the
fundamental duties, like, “the Indian citizens should not only cherish
the noble ideas that lead to the freedom struggle but they should
also respect the Constitution, the National Flag and National
Anthem”.

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2. Fundamental rights can be applied to foreigners also but the

fundamental duties are only restricted to the Indians citizens.
3. The fundamental duties are not enforceable in nature. No legal
sanction can be enforced by the government in case of their
violation.
4. These duties are also related to Hindu traditions or mythology like
paying respect to the country or promoting the spirit of
brotherhood.
Importance of Fundamental Duties
Fundamental Duties are an inalienable part of fundamental rights. The
importance of these are given in the table below:
1. They remind Indian Citizens of their duty towards their society, fellow
citizens and the nation.
2. They warn citizens against anti-national and anti-social activities
3. They inspire citizens & promote a sense of discipline and
commitment among them
4. They help the courts in examining and determining the constitutional
validity of a law.

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have
been criticized on the following grounds:
 They have been described by the critics as a code of moral precepts
due to their non-justiciable character. Their inclusion in the
Constitution was described by the critics as superfluous. This is
because the duties included in the Constitution as fundamental
would be performed by the people even though they were not
incorporated into the Constitution.
 Some of the duties are vague, ambiguous and difficult to be
understood by the common man.
 The list of duties is not exhaustive as it does not cover other
important duties like casting vote, paying taxes, family planning and
so on. In fact, the duty to pay taxes was recommended by the
Swaran Singh Committee.
 The critics said that the inclusion of fundamental duties as an
appendage to Part IV of the Constitution has reduced their value
and significance. They should have been added after Part III so as to
keep them on par with Fundamental Rights.

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 Swaran Singh’s Committee recommended more than 10

Fundamental Duties, however, not all were included in the
Constitution. Those duties recommended by the committee which
were not accepted were:
1. Citizens to be penalized/punished by the parliament for any non-
compliance with or refusal to observe any of the duties.
2. The punishments/penalties decided by the Parliament shall not be
called in question in any court on the ground of infringement of any
of Fundamental Rights or on the ground of repugnancy to any other
provision of the Constitution.
3. Duty to pay taxes.

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PART IVA
FUNDAMENTAL DUTIES

Article 51A. Fundamental duties.

It shall be the duty of every citizen of India—
(a) to abide by the Constitution and respect its ideals and institutions,
the National Flag and the National Anthem;
(b) to cherish and follow the noble ideals which inspired our national
struggle for freedom;
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) to defend the country and render national service when called upon
to do so;
(e) 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;
(f) to value and preserve the rich heritage of our composite culture;
(g) to protect and improve the natural environment including forests,
lakes, rivers and wild life, and to have compassion for living creatures;
(h) to develop the scientific temper, humanism and the spirit of inquiry
and reform;
(i) to safeguard public property and to abjure violence;
(j) to strive towards excellence in all spheres of individual and collective
activity so that the nation constantly rises to higher levels of endeavour
and achievement;
(k) 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 and
fourteen years.

Only one Article that is Article -51A is there in Part-IV-A of the

Indian Constitution that deals with fundamental duties. It was added to
the Constitution by the 42nd Amendment Act, 1976. For the first time, a
code of 11 fundamental duties was provided to the citizens of India.
Article 51-A states that it is the duty of every citizen of India:
1. To respect the Constitution, it’s ideals and institutions, the
National Flag and National Anthem: Ideals like liberty, justice, equality,
fraternity and institution like executive, the legislature, and the judiciary
must be respected by all the citizens of the country. No person should
undergo any such practice which violates the spirit of the Constitution

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and should maintain its dignity. If any person shows disrespect to the
National Anthem or to the National Flag then it will be a failure as a
citizen of a sovereign nation.
2. The noble ideas that inspire the national struggle to gain
independence, one should cherish them: Every citizen must admire
and appreciate the noble ideas that inspired the struggle of
independence. These ideas focus on making a just society, a united
nation with freedom, equality, non-violence, brotherhood, and world
peace. A citizen must remain committed to these ideas.
3. One should protect and uphold the sovereignty, unity and
integrity of India: This is one of the basic duties that every citizen of
India should perform. A united nation is not possible if the unity of the
country is jeopardized. Sovereignty lies with the people. Article 19(2) of
the Indian Constitution put reasonable restrictions on the freedom of
speech and expression in order to safeguard the interest and integrity of
India.
4. One should respect the country and render national service when
called upon: Every citizen should defend the country against the
enemies. All the citizens apart from those who belong to the army, navy
etc should be ready to take up arms in order to protect themselves and
the nation whenever the need arises.
5. One should promote harmony as well as the spirit of common
brotherhood amongst the citizens of India, transcending religious,
linguistic, regional or sectional diversities and to renounce practices
that are derogatory to the dignity of the women: Presence of one
flag and single citizenship not only reflects the spirit of brotherhood but
also directs the citizen to leave behind all the differences and focus on
collective activity in all spheres.
6. One should value and preserve the heritage of our composite
culture: India’s culture is one of the richest heritages of the earth. So, it
is compulsory for every citizen to protect the heritage and pass it on to
future generations.
7. One should protect and improve the natural environment
including forests, lakes, rivers, wildlife and a citizen should have
compassion for living creatures: Under Article 48A this duty is
provided as a constitutional provision also. The natural environment is
very important and valuable for each and every country. So each and
every citizen should make efforts in order to protect it.
8. One should not only develop the scientific temperament and
humanism but also the spirit of inquiry and reform: For his/her own

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development it is necessary for a person to learn from the experiences

of others and develop in this fast-changing environment. So one should
always try to have a scientific temperament in order to adjust with these
changes.
9. One should always safeguard public property and abjure Due to
unnecessary cases of violence that occurs in a country which preach for
non-violence, a lot of harm has already been done to the public
property. So, it is the duty of every citizen to protect the public property.
10. One should always strive towards excellence in all spheres of
life and also for the collective activity so that the nation continues
with its endeavour and achievements: In order to ensure that our
country rises to a higher level of achievement, it is the basic duty of
every citizen to do the work that is given to him/her with excellence.
This will definitely lead the country towards the highest possible level of
excellence.
11. One should always provide the opportunity of education to his
child or ward between the age of six to fourteen years: Free and
compulsory education must be provided to the children who belong to
6 to 14 years of age and this has to be ensured by the parents or
guardian of such child. This was provided by the 86th Constitutional
Amendment Act, 2002.

Case laws:
M.C. Mehta v. Union of India, 1988 SCR (2) 530
The Fundamental Duty, given in Article 51 A(g) of the Indian
Constitution clearly mentions the duty of the citizen to protect the
environment. According to this article, it is the duty of every citizen to
protect and preserve the natural environment (natural environment
includes forest, rivers, lakes, and wildlife). A healthy environment is an
essential element of the welfare of any society.
In the case of M.C. Mehta v. Union of India Article 51(g) was
enforced by the Supreme Court. In this case, 274.50 million liters of
sewage water was being discharged into the river Ganga on a daily basis.
This case is about the city of Kanpur, which is the biggest city on the
bank of river Ganga. Here water pollution was to a great extent that’s
why the petitioner filed a petition in the Supreme Court. Here Apex
Court of the country found that Municipal bodies and industries in
Kanpur were the main reason for polluting the river. Therefore judgment
was taken against Kanpur Nagar Mahapalika. In this case, Nagar

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Mahapalika and Municipal Boards were held liable because it is their

responsibility to maintain and protect the environment in the areas of
Kanpur.
Further here the Apex Court held that as there are many grave
consequences of water and air pollution and also as there is a need to
protect and improve the natural environment it became a moral
obligation on the part of the government to ensure the protection of
the environment. Also, it is one of the fundamental duties which is given
in our constitution which makes a moral obligation on the part of the
citizens as well to ensure the protection of the environment. The
Supreme Court held that it is the duty of the Central Government to
direct all the educational institutions of our country to teach and train
citizens about the protection and improvement of the environment for
at least one hour a week.
Further Supreme Court held that the Central Government needs
to get the textbook written for the same purpose. These textbooks
would be further distributed among all educational institutions of our
country. There should be training for teachers who are going to give
such educational teaching to children.

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