Indian polity · Constitution · Article-wise notes
Indian Constitution for Exams: Fundamental Rights, Directive Principles and Fundamental Duties Compared
Fundamental Rights, Directive Principles and Fundamental Duties are the most frequently tested part of Indian polity in every competitive exam. This guide lists the key Articles, explains how the three parts differ and connect, and covers the amendments and court cases that examiners like to ask about.
The three parts at a glance
| Feature | Fundamental Rights | Directive Principles (DPSPs) | Fundamental Duties |
|---|---|---|---|
| Part of the Constitution | Part III | Part IV | Part IVA |
| Articles | 12–35 | 36–51 | 51A |
| Main source | Constitution of the USA (Bill of Rights) | Constitution of Ireland | Constitution of the former USSR |
| Justiciable in court? | Yes | No | No (not directly enforceable) |
| Addressed to | The State (limits its power) | The State (guides its policy) | Citizens |
| Added by | Original Constitution | Original Constitution | 42nd Amendment, 1976 (Swaran Singh Committee) |
Dr B. R. Ambedkar described Article 32 — the right to move the Supreme Court — as the "heart and soul" of the Constitution, while DPSPs are often called a "novel feature" and the "instrument of instructions" for governments.
Fundamental Rights (Part III)
The original Constitution had seven categories of fundamental rights. The right to property (Article 31) was removed by the 44th Amendment (1978) and is now a legal right under Article 300A. Six categories remain.
1. Right to Equality (Articles 14–18)
- Article 14: equality before law and equal protection of laws.
- Article 15: no discrimination on grounds of religion, race, caste, sex or place of birth; allows special provisions for women, children and backward classes, and (after the 103rd Amendment, 2019) for economically weaker sections.
- Article 16: equality of opportunity in public employment; allows reservation.
- Article 17: abolition of untouchability.
- Article 18: abolition of titles (military and academic distinctions are allowed).
2. Right to Freedom (Articles 19–22)
- Article 19: six freedoms — speech and expression, peaceful assembly, association, movement, residence, and profession or occupation (subject to reasonable restrictions).
- Article 20: protection in respect of conviction — no ex-post-facto criminal law, no double jeopardy, no self-incrimination.
- Article 21: protection of life and personal liberty; interpreted broadly to include the right to privacy (Puttaswamy case, 2017), dignity, livelihood, a clean environment and speedy trial.
- Article 21A: free and compulsory education for children aged 6 to 14 (86th Amendment, 2002).
- Article 22: protection against arbitrary arrest and detention, including preventive detention safeguards.
3. Right against Exploitation (Articles 23–24)
- Article 23: prohibits human trafficking and forced labour (begar).
- Article 24: prohibits employment of children below 14 in factories, mines and hazardous work.
4. Right to Freedom of Religion (Articles 25–28)
Freedom of conscience and religion (25), freedom to manage religious affairs (26), freedom from taxes for promotion of a religion (27), and freedom from compulsory religious instruction in state-funded institutions (28). Article 25 also mentions that the wearing and carrying of kirpans is part of the profession of the Sikh religion — a frequent Punjab-related question.
5. Cultural and Educational Rights (Articles 29–30)
Protection of the language, script and culture of minorities (29) and the right of minorities to establish and administer educational institutions (30).
6. Right to Constitutional Remedies (Article 32)
The right to move the Supreme Court for enforcement of fundamental rights through writs: habeas corpus, mandamus, prohibition, certiorari and quo warranto. High Courts have wider writ powers under Article 226.
Suspension during emergency: under Article 359, enforcement of fundamental rights can be suspended during a national emergency, but after the 44th Amendment, Articles 20 and 21 cannot be suspended.
Directive Principles of State Policy (Part IV)
DPSPs are guidelines for making laws and policies. Courts cannot enforce them, but Article 37 declares them "fundamental in the governance of the country". They are commonly grouped into three types:
| Type | Examples |
|---|---|
| Socialist | Article 38 (social order and reducing inequalities), Article 39 (adequate livelihood, equal pay for equal work, preventing concentration of wealth), 39A (free legal aid), 41 (right to work, education and public assistance), 42 (just and humane conditions of work and maternity relief), 43 (living wage) |
| Gandhian | Article 40 (village panchayats), 43 (cottage industries), 46 (promotion of weaker sections), 47 (prohibition of intoxicating drinks and drugs), 48 (prohibition of cow slaughter, organised agriculture and animal husbandry) |
| Liberal-intellectual | Article 44 (uniform civil code), 45 (early childhood care and education), 48A (environment, forests and wildlife), 49 (monuments), 50 (separation of judiciary from executive), 51 (international peace and security) |
Articles 39A, 43A and 48A were added by the 42nd Amendment (1976). Many laws — MGNREGA, the Right to Education Act, legal aid and Panchayati Raj — put DPSPs into practice.
Fundamental Duties (Article 51A)
Added by the 42nd Amendment in 1976 on the recommendation of the Swaran Singh Committee, with ten duties. An eleventh duty — parents and guardians to provide opportunities for education to their children aged 6 to 14 — was added by the 86th Amendment (2002). There are now 11 Fundamental Duties, including to respect the Constitution, the National Flag and the National Anthem; to protect the sovereignty, unity and integrity of India; to promote harmony; to protect the natural environment; to develop a scientific temper; and to safeguard public property.
Conflicts between rights and DPSPs: landmark cases
| Case | Year | Holding to remember |
|---|---|---|
| Champakam Dorairajan | 1951 | Fundamental Rights prevail over DPSPs in case of conflict (led to the 1st Amendment) |
| Golaknath | 1967 | Parliament cannot amend Fundamental Rights |
| Kesavananda Bharati | 1973 | Parliament can amend any part, but not the basic structure |
| Minerva Mills | 1980 | Balance between Fundamental Rights and DPSPs is part of the basic structure |
| Maneka Gandhi | 1978 | "Procedure established by law" must be just, fair and reasonable |
| K. S. Puttaswamy | 2017 | Right to privacy is a fundamental right |
Practice questions
Q1. Which Amendment removed the right to property from the list of Fundamental Rights?
- (a) 42nd
- (b) 44th
- (c) 52nd
- (d) 86th
Show answer
Answer: (b) 44th — The 44th Amendment (1978) removed Article 31 and made property a legal right under Article 300A.
Q2. The idea of Directive Principles was borrowed from the Constitution of:
- (a) USA
- (b) UK
- (c) Ireland
- (d) Canada
Show answer
Answer: (c) Ireland — DPSPs were inspired by the Irish Constitution.
Q3. Which Article provides for free legal aid?
- (a) Article 21A
- (b) Article 39A
- (c) Article 45
- (d) Article 51A
Show answer
Answer: (b) Article 39A — Article 39A, added in 1976, directs the State to provide free legal aid.
Q4. Fundamental Duties were added on the recommendation of:
- (a) Sarkaria Commission
- (b) Swaran Singh Committee
- (c) Balwant Rai Mehta Committee
- (d) Punchhi Commission
Show answer
Answer: (b) Swaran Singh Committee — The Swaran Singh Committee's recommendations led to Part IVA in 1976.
Q5. Which Articles cannot be suspended even during a national emergency?
- (a) Articles 14 and 19
- (b) Articles 19 and 21
- (c) Articles 20 and 21
- (d) Articles 21 and 32
Show answer
Answer: (c) Articles 20 and 21 — After the 44th Amendment, Articles 20 and 21 remain enforceable during an emergency.
Q6. The "basic structure" doctrine was laid down in:
- (a) Golaknath case
- (b) Kesavananda Bharati case
- (c) Minerva Mills case
- (d) Maneka Gandhi case
Show answer
Answer: (b) Kesavananda Bharati case — Kesavananda Bharati (1973) held that Parliament cannot alter the basic structure.
Q7. Organisation of village panchayats is a directive under:
- (a) Article 38
- (b) Article 40
- (c) Article 44
- (d) Article 48A
Show answer
Answer: (b) Article 40 — Article 40 directs the State to organise village panchayats.
Q8. How many Fundamental Duties are there at present?
- (a) 10
- (b) 11
- (c) 12
- (d) 9
Show answer
Answer: (b) 11 — Ten duties were added in 1976 and an eleventh by the 86th Amendment in 2002.
Frequently asked questions
What is the main difference between Fundamental Rights and DPSPs?
Fundamental Rights are justiciable — you can go to court if they are violated — while DPSPs are not enforceable in courts but guide the government in making laws and policies.
Is the right to education a Fundamental Right?
Yes. Article 21A, inserted by the 86th Amendment (2002), makes free and compulsory education for children aged 6–14 a fundamental right.
Are Fundamental Duties legally enforceable?
They are not directly enforceable in court, but courts may consider them while interpreting laws, and some duties are reinforced by ordinary laws.
Official sources
Rules, dates and figures can change. Always check the latest official notification or government release before relying on a detail.