Basic Theory | Part 3 | Indian Constitution

Q1. What are Fundamental Rights provision in the Constitution ?

Ans. The Constitution of India guarantees its people certain basic human rights and freedoms known as “Fundamental Rights“, which are listed in Part III of the Constitution (Articles 12 to 35).

Q2. What rights are provided as the Fundamental Rights ?

Ans. The rights provided as fundamental rights are:

  1. rights of equality
  2. right to freedom
  3. right against exploitation
  4. right to freedom of religion
  5. cultural rights
  6. educational rights
  7. right to constitutional remedies

Q3. Fundamental Rights are also called as justiciable rights, Why ?

Ans. The Fundamental rights are called the justiciable rights because :

  1. The fundamental rights guarantee to the people certain basic rights.
  2. The legislative and executive actions which infringe upon the fundamental rights are declared ultra vires the Constitution.
  3. The Supreme Court has the power to issue directions or writs, including writs in the nature of habeas corpus, mandamus, quo warranto, prohibition and certiorari, whichever may be appropriate for the enforcement of fundamental rights under Article 32; and High Courts under Article 226 of the Constitution.
  4. The speedy and effective remedy under Article 32 is itself guaranteed as Fundamental Right.

Q4. What are the Directive Principles of State Policy ?

Ans. Part-IV of the Constitution contains the Directive Principles of State Policy.

  1. Article 37 states that these provisions shall not be enforceable by any court, but the principles laid down are nevertheless fundamental in the governance of the country and it shall be the duty of the State to apply these principles in making laws.
  2. The directive principles put an obligation on the State to take positive action in order to promote the welfare of people.

Q5. Write some of the important rights provided by the directive principles.

Ans. Some of the important rights under the directive principles include:

  1. the right to an adequate means of livelihood for citizens
  2. equal pay for equal work for both men and women
  3. living wages for workers
  4. equal justice and free legal aid
  5. organization of village Panchayats
  6. provision of just and humane conditions of work and maternity relief
  7. uniform civil code for citizens
  8. promotion of educational and economic interests of Schedule castes, Schedule Tribes and other weaker sections
  9. duty of State to raise the level of nutrition and to improve public health
  10. protection and improvement of environmental
  11. promotion of international peace and security

Q6. What are the laws enacted by the State for implementing the Directive Principles of State Policy ?

Ans. A large number of laws have been enacted and adopted to implement the Directive Principles of State Policy as:

  1. Legal Services Authority Act, 1987
  2. Right to Free and Compulsory Education, 2009
  3. Child Labour Prohibition Act, 1986
  4. Environment Protection Act, 1986
  5. Wild Life Protection Act, 1972
  6. Minimum Wages Act, 1948
  7. Equal Pay for Equal Work
  8. The Constitution Act, 1992 that led to the establishment of Panchayat Raj Institutions and Urban Local Bodies, based on Democratic Principles.
  9. The Constitution Act, 2002 that led to the introduction of Right to Education for children in age group of 6 to 14 years, based on Fundamental Rights.

Q7. What are the Directive Principles that were elevated to the status of Fundamental Rights ?

Ans. The Supreme Court while interpreting Constitutional Provisions elevated some of the Directive Principles to the status of Fundamental Rights like:

  1. Right to Equal pay for Equal work (Randhir Singh v, U.O.I, AIR 1982 SC 879)
  2. Right to Clean and Healthy Environment (M.C. Mehta v. Kamal Nath, AIR 2000 SC 1997)
  3. Right to Free Legal Aid (Hussainara Khatoon v. Home Secretary, AIR 1979 SC 1369)

Q8. State the inter-relationship between the Directive Principles and the Fundamental Rights.

Ans. On the question of inter-relationship between the Fundamental Rights and Directive Principles the Supreme Court held the following conclusion :

  1. In the Keshavananda Bharati’s case it was held that the Fundamental Rights and Directive Principles constitute the conscience of the Constitution. There is no antithesis between the Fundamental Rights and Directive Principles and one supplements the other.
  2. In Ashok Kumar Thakur v. Union of India (2008 (6) SCC 1) it was held that no distinction can be made between the two sets of rights.
  3. The Fundamental Rights represents the Political and Civil Rights and the Directive Principles embody Social and Economic Rights.
  4. Merely because the Directive Principles are non-justiciable by the judicial process it does not mean hat they are of subordinate importance.

Q9. What are the Fundamental Duties of every citizen of India ?

Ans. The Constitution (forty-second Amendment) Act, 1976 added Part IV-A, Article 51-A on Fundamental Duties of citizens to the Constitution. The eleven Fundamental Duties are:

  1. to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
  2. to cherish and follow the noble ideals which inspired our national struggle for freedom;
  3. to uphold and protect the sovereignty, unity and integrity of India;
  4. to defend the country and render national service when called upon to do so;
  5. 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;
  6. to value and preserve the rich heritage of our composite culture;
  7. to protect and improve the natural environment including forests, lakes, rivers and wild life, and to have compassion for living creatures;
  8. to develop the scientific temper, humanism and the spirit of inquiry and reform;
  9. to safeguard public property and to abjure violence;
  10. 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;
  11. 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.

 Q10. Explain the nature of Fundamental Duties with the supporting case laws ?

Ans. There is no provision in the Constitution for the enforcement of Fundamental Duties.

  1. The Supreme Court in the case of Bijoe Emmanuel v. State of Kerala (AIR 1987 SC 478) held that duties imposed on the citizens may be enforced through the enactment of legislations.
  2. For example: The prevention of insult to National Honors Act, 1971 punishes a person who insults the national honors. These duties are read along with Fundamentals Rights.
  3. As in case of Mohan Kumar v. U.O.I (AIR 1992 SC 1) the courts may also enforce the duties while balancing and harmonizing them with the Fundamental Rights.

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