Indian Polity & Constitution
🔒 Log in to trackFundamental Rights, DPSP and Fundamental Duties
🔒 Log in to trackFundamental Rights (Part III, Articles 12-35) protect you against the State. You can enforce them in court. Directive Principles (Part IV) are goals for the government, and no court enforces them. Fundamental Duties (Article 51A) are duties of citizens.
The six Fundamental Rights
Part III is the Magna Carta of India. It was borrowed chiefly from the USA. 'State' in Article 12 means the government and its agencies.
| Right | Articles |
|---|---|
| Equality | 14-18 |
| Freedom | 19-22 |
| Against exploitation | 23-24 |
| Freedom of religion | 25-28 |
| Cultural and educational | 29-30 |
| Constitutional remedies | 32 |
The Right to Property (Article 31) was deleted by the 44th Amendment (1978). It is now a legal right under Article 300A.
Articles inside the rights
- Article 14: equality before law.
- Article 15: no discrimination.
- Article 16: equal opportunity in public jobs.
- Article 17: abolishes untouchability.
- Article 18: abolishes titles.
- Article 19: six freedoms. They are speech and expression, assembly, association, movement, residence and profession.
- Article 21: life and personal liberty.
- Article 21A: free, compulsory education for ages 6-14 (86th Amendment, 2002).
- Article 23-24: ban on trafficking and forced labour, and no child below 14 in factories.
The 103rd Amendment (2019) added 10% EWS reservation in Articles 15(6) and 16(6).
Tip: Count the blocks 14-18, 19-22, 23-24, 25-28, 29-30, 32. Articles 20 and 21 are never suspended in an Emergency.
The five writs
Article 32 lets you go to the Supreme Court for a writ. Ambedkar called it the 'heart and soul' of the Constitution. High Courts issue writs under Article 226, with a wider scope.
| Writ | Use |
|---|---|
| Habeas corpus | 'Produce the body'. Against illegal detention |
| Mandamus | 'We command'. Orders an official to do the duty |
| Prohibition | Stops a lower court from exceeding its power |
| Certiorari | Quashes an order passed without power |
| Quo warranto | 'By what authority'. Challenges illegal holding of office |
Directive Principles
Part IV (Articles 36-51) came from Ireland. It is non-justiciable but 'fundamental in the governance of the country'.
| Group | Key articles |
|---|---|
| Gandhian | 40 village panchayats, 43 cottage industries, 43B cooperatives, 46 weaker sections, 47 nutrition, 48 agriculture |
| Socialist | 38, 39, 39A free legal aid, 41, 42, 43A workers' participation |
| Liberal-intellectual | 44 uniform civil code, 45, 48A environment, 49, 50, 51 |
The 42nd Amendment added 39A, 43A and 48A. The 86th Amendment rewrote Article 45 for early childhood care.
Fundamental Duties
The Swaran Singh Committee recommended them. The 42nd Amendment (1976) added ten duties in Article 51A. The 86th Amendment (2002) added the eleventh. It asks parents to give education to children aged 6-14. The idea came from the USSR constitution.
Cases that shaped the rights
| Case | Point |
|---|---|
| Champakam Dorairajan (1951) | Rights prevail over DPSP |
| Kesavananda Bharati (1973) | Basic structure doctrine |
| Maneka Gandhi (1978) | Any law limiting Article 21 must be fair, just and reasonable |
| Minerva Mills (1980) | The balance of Rights and DPSP is basic structure |
| Puttaswamy (2017) | Right to privacy is part of Article 21 |
Question types you will see
Each type: how to recognise it, the method step by step, and one question to try.
Article and Fundamental Right mapping
The question asks which Article gives a right, or gives a four-row Article and right match.
Learn the blocks: 14-18, 19-22, 23-24, 25-28, 29-30, 32.
Remember that property is not a Fundamental Right. It is Article 300A.
Recall the favourites: 17 untouchability, 21 life and liberty, 21A education, 32 writs.
Each block belongs to one right, so the block gives the answer.
The abolition of untouchability is guaranteed under which Article?
Show solutionHide solution
Untouchability is a form of inequality.
It is the fourth Article of the equality block.
Article 17
Which writ for which situation
A situation is described, such as illegal detention or an official who is not doing his duty. The writ is asked.
Illegal detention means habeas corpus.
Duty not done means mandamus. Illegal office holder means quo warranto.
Court orders: stopping a case midway is prohibition. Quashing a finished order is certiorari.
Article 32 is the Supreme Court. Article 226 is the High Court.
Each situation has exactly one writ.
A person illegally detained by the police should move the court for which writ?
Show solutionHide solution
The person is being held without authority.
The court will order the person to be produced.
Habeas corpus
DPSP classification and Article recall
The question asks which principle is Gandhian, or which Article gives the uniform civil code.
Gandhian: 40, 43, 43B, 46, 47, 48.
Socialist: 38, 39, 39A, 41, 42, 43A. Liberal-intellectual: 44, 45, 48A, 49, 50, 51.
Recall Article 44 as the uniform civil code.
DPSP are non-justiciable, but 'fundamental in the governance of the country'.
The three-way split sorts every DPSP article.
Article 44 of the Constitution provides for what?
Show solutionHide solution
Article 44 is a liberal-intellectual directive.
It concerns a common civil law for all citizens.
A uniform civil code
Fundamental Duties: count, source, amendments
The question asks how many duties there are, which committee recommended them, or which amendment added the eleventh.
The count is 11 today.
The 42nd Amendment (1976) added 10. The 86th Amendment (2002) added the 11th.
The source is the Swaran Singh Committee. The model is the USSR.
The 11th duty is about educating children aged 6-14.
The 10 plus 1 count and its two amendments are the whole question.
The 11th Fundamental Duty asks parents and guardians to do what?
Show solutionHide solution
It was added by the 86th Amendment.
It concerns children between 6 and 14 years.
Provide opportunities for education to their child or ward aged 6 to 14
Rights against DPSP and landmark cases
The question asks which case held the rights supreme, or which case made the rights-DPSP balance basic structure.
Champakam Dorairajan (1951): rights prevail over DPSP. This led to the 1st Amendment.
Kesavananda Bharati (1973): basic structure. Minerva Mills (1980): the rights-DPSP balance is basic structure.
Maneka Gandhi (1978): the procedure under Article 21 must be fair, just and reasonable.
One case goes with each idea, so match the idea to the case.
Which case held that the balance between Fundamental Rights and Directive Principles is part of the basic structure?
Show solutionHide solution
The case is from 1980.
It struck down the 42nd Amendment's attempt to put DPSP above the rights.
Minerva Mills (1980)
Article 19 and Article 21 details
The question asks how many freedoms Article 19 has, or what Article 21 and 21A protect.
Article 19 has six freedoms: speech and expression, assembly, association, movement, residence, profession.
The property freedom went out with the 44th Amendment.
Article 21 is life and personal liberty. Maneka Gandhi (1978) and Puttaswamy (2017) shaped it.
Article 21A is free, compulsory education for ages 6-14.
These two Articles carry most of the case-law questions.
The right to privacy was read into which Article in Puttaswamy (2017)?
Show solutionHide solution
Privacy connects to personal liberty.
That is the Article on life and personal liberty.
Article 21
Shortcuts that save time
14-18 Equality, 19-22 Freedom, 23-24 Exploitation, 25-28 Religion, 29-30 Culture and Education, 32 Remedies. The blocks hold 5, 4, 2, 4, 2 and 1 articles.
Under which Article is untouchability abolished?
Show solutionHide solution
It is the first Article after equality before law and no discrimination.
It sits in the Equality block, 14-18.
Article 17
The 42nd Amendment gave ten duties. The 86th gave the eleventh and also inserted Article 21A.
Which amendment added the eleventh Fundamental Duty?
Show solutionHide solution
The eleventh duty is about education of children aged 6-14.
The same amendment inserted Article 21A.
The 86th Amendment, 2002
Mistakes to avoid
Where most students lose marks on this subtopic.
Calling the Right to Property a Fundamental Right.
It is Article 300A, a legal right, since the 44th Amendment (1978).
Thinking all rights are suspended in a national Emergency.
Articles 20 and 21 are never suspended.
Believing DPSP can be enforced in court.
They are non-justiciable.
Saying Article 32 is a legal right like Article 226.
Article 32 is itself a Fundamental Right. Article 226 is wider.
Confusing prohibition with certiorari.
Prohibition stops a case midway. Certiorari quashes a finished order.
Giving Fundamental Duties to Ireland.
Duties came from the USSR. Ireland gave the DPSP.
Quick revision
Read this the night before the exam.
Six rights: Equality 14-18, Freedom 19-22, Exploitation 23-24, Religion 25-28, Culture 29-30, Remedies 32.
Article 17 is untouchability. Article 21 is life and liberty. Article 21A is education for ages 6-14.
Five writs: habeas corpus, mandamus, prohibition, certiorari, quo warranto.
Article 32 is the Supreme Court. Article 226 is the High Court, with wider scope.
DPSP came from Ireland. Article 44 is the uniform civil code.
Duties: Swaran Singh Committee, 42nd Amendment gave 10, 86th Amendment gave the 11th.
Minerva Mills (1980): the balance of Rights and DPSP is basic structure.
Practice: 13 questions
Sets of 10, mixed across the question types above. Every answer has a step-by-step explanation.
Topic test · 13 questions
Suggested time 5 min · wrong answers go to your mistake notebook automatically.